PUSH LIVE INTERACTIVE PLAYER TERMS OF SERVICE
1.1. 1.1. The Service is provided by PUSH STREAMING TECHNOLOGIES LTD, with registered address at 52 High Street, Pinner, Middlesex, HA5 5PW, United Kingdom, a company incorporated in England & Wales under the Company Number 05955432, (“PUSH LIVE”).
1.2. The PUSH LIVE service is primarily a pay-per-view internet service that entitles Users to access live and on-demand music and sports events, and other content (together the “Content”) that PUSH LIVE makes available via the PUSH LIVE platform (the “Service”). As part of the Service, PUSH LIVE will make some Content available for free, and some Content available on a pay-per-view basis (“PPV Event”). Users may access the Service on authorised devices (such as television, mobile devices, tablets, consoles and other devices) connected to the Internet or mobile networks.
1.3. The following terms and conditions (the “Terms”) apply to Users’ access to and use of the Service. PUSH LIVE reserves the right to change or modify the Terms at any time and at its sole discretion, with or without notification to Users (unless there is a major change, in which case clause 1.4 below applies). The Terms, as may be amended, are binding on Users. It is the sole responsibility of Users to review the Terms for any changes.
1.4. You will be notified of changes to the Service via email to the address you registered with us and/or by publishing such notices from time to time on the informational page(s) of the PUSH LIVE platform. If we do make major changes to, discontinue, or disable any part of the Service, we will try to give you reasonable notice. It is your responsibility to notify us of any change in your email address by updating your account.
1.5. Access to some parts of, or all of, the Service may be restricted in certain countries and PUSH LIVE does not make any promises or assurances that the Service will be available at all times in your country or that all Content contained within the Service is accessible for viewing in your country.
1.6. Where access to Content and/or any part of the Service is restricted to specific countries of the European Union, Users are only entitled to use the Service outside of such countries during a temporary stay in another country within the European Union, provided that such User has a genuine, verifiable and permanent residence in the specified country.
1.7. By using the Service, you agree to the Terms in full.
1.8. IF YOU ARE UNDER 13 YEARS OF AGE, THEN PLEASE DO NOT USE OR ACCESS THE PUSH LIVE SERVICES AT ANY TIME OR IN ANY MANNER.
1.9. Protecting the privacy of young children is especially important. For that reason, PUSH LIVE does not knowingly collect or maintain personal information (as defined by the United States Children’s Online Privacy Protection Act) from persons under 13 years-of-age. If PUSH LIVE learns that personal information of persons under 13 has been collected on or through the PUSH LIVE service, PUSH LIVE will take appropriate steps to delete this information.
1.10. If you are the parent or legal guardian of a child under 13 who has become a PUSH LIVE account holder, then please contact us at email@example.com to have that child’s account terminated and personal information deleted.
1.11. For residents of the EEA and residents of Brazil where the processing of personal information is based on consent, PUSH LIVE will not knowingly engage in that processing for users under the age of consent established by applicable data protection law. If we learn that we are engaged in that processing with such users, we will halt such processing and will take reasonable measures to promptly remove applicable information from our records.
1.12. If you are under 18, you must have your parent or legal guardian’s permission to use the Service. Please have them read this Agreement with you.
1.13. If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service.
1.14. PUSH LIVE uses various external entities to support the delivery of the Service including the following companies: Universe.
1.15. When tickets are purchased for PUSH LIVE through a third-party entity, the User must agree to the terms and conditions of that third party during the checkout process.
1.16. Your purchase of, access to, or use of the Service may require using third-party software, which is subject to such third party’s licensing terms. You acknowledge and agree that, in order to continue accessing the Service, you may be required to automatically receive and download periodical updates to the Service and related third-party software, and accept the relevant licensing terms.
1.17. Our Service may also include links to third-party websites, resources and materials provided by third parties. These links are provided for information only and we have no control over the contents of those websites, resources and materials. We do not approve or endorse any third-party websites, resources or materials linked on our Service. This includes any advertisements and promotions run by third-party advertisers on our Service, and so we will bear no responsibility for any loss or damage of any kind arising in connection with your purchase of goods or services from, or other dealings with any such advertisers.
2.1. “Affiliate” means an affiliate of PUSH LIVE including its respective legal successors, assignees, employees and agents. For the avoidance of doubt, the term includes those parties specified in clause 1.14 above.
2.2. “Content” means all information, texts, sound files, music, software, motionless and moving images, graphics, data and any other material of any nature including any audio-visual content such as sports entertainment, gaming entertainment, e-sports, music performances, apps, channels, related functions, functionalities, user interfaces and any on-demand content (whether or not it is free) contained within the Service.
2.3. “User” or “you” means a person who has registered a personal account with PUSH LIVE to access and use the Service.
2.4. “We” or “us” means PUSH LIVE.
3. BASIS FOR USE OF THE SERVICE
3.1. The availability of the Content on the Service, including PPV Events, may be affected by a variety of factors, including event delays or cancellations, technical problems or network delays, program rescheduling, or other reasons. Subject to your rights under applicable terms hereunder and agreed with ticketing providers and at law, you agree that we are not obligated to provide you with any specific Content under the Terms. If your access to a PPV Event is significantly disrupted or suspended, or the Service are or will be temporarily unavailable (other than due to any act or omission of you and/or your network provider) the ticketing agent who sold you your ticket may, at its sole discretion, offer, for example, a full or partial refund of the relevant PPV Event price.
3.2. In order to access and use some parts of the Service, you will need to create an account (the “Account”). You must be a human to set up an Account and use our Service. As part of the registration process, you may be required to provide certain information including, without limitation, your name, address, telephone number, email address, invoice address and other information which PUSH LIVE may reasonably require. You agree to provide true, accurate, current and complete information about yourself as prompted by the registration process for the Service. You must immediately update the information in your Account or (where you are unable to do so) notify PUSH LIVE in writing of any changes to any of the information in your Account. We reserve the right to suspend or terminate your Account if you provide inaccurate, false or misleading information to us when setting up your Account.
3.3. You must keep your Account details and password private and must not disclose them to any third party. You must notify us if your password is lost, stolen, or disclosed to an unauthorised third party, or otherwise may have been compromised. We encourage you to regularly change your password to help ensure your Account’s security.
3.4. PUSH LIVE may, at its sole discretion, refuse to accept, or to otherwise reject, an application for an Account without obligation to provide reason(s) for this refusal or rejection.
3.5. Your Account is intended for your sole, personal use only and you will not provide access to your Account to any third parties. You must not simultaneously log into your Account from more than one (1) device at any given time. However, you may access the Service (or any part thereof) from a maximum of four (4) registered devices, and you can change or replace any registered device with another device by logging into your Account and updating your settings.
4. PERMITTED USE
4.1. You may only access and use the Service (or any part thereof) for your private, personal and domestic use. Content received through the Service may be viewed, used and played for your personal, non-commercial use only.
4.2. You agree not to modify, reproduce, retransmit, transfer, distribute, disseminate, assign, sublicense, sell, broadcast, perform, create derivative works from, make available to third parties or circulate the Content to anyone or to exploit any such Content for commercial or non-commercial purposes without the express prior written consent of PUSH LIVE.
4.3. You further agree not to make use of the Content in a manner that would infringe the copyright therein. This means that you must not exhibit, display or otherwise facilitate access to the Service (or any part of them) to the public including to groups of people in commercial premises or in connection with a business purpose (including, but not limited to, in retail premises, cinemas, theatres, exhibitions, exhibition halls, hotels, bars, clubs, pubs restaurants or other public places).
5. PAYMENT TERMS
5.1. Payments for PPV Events must be made directly to third party ticketing providers and the User must read and agree to such third party’s ticketing provider’s terms and conditions. PUSH LIVE does not take any responsibility for terms agreed with third party ticketing providers.
6. OBLIGATIONS OF THE USER
6.1. You agree to, at all times, use the Service, including all features and functionalities associated with it, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Service or Content therein, and you will not carry out any of the following activities or assist others (directly or indirectly) in carrying out any of the following activities:
6.1.1. impersonate any other person, conduct yourself in an offensive or abusive manner, or use the Service for any unlawful purposes or in a manner that infringes intellectual property rights of any third parties;
6.1.2. distribute, broadcast or otherwise transfer or make available any Content to any third party in any way;
6.1.3. use virtual private networks, false email addresses or any other means to mask your identity;
6.1.4. attempt to access the accounts of other Users or upload, share or submit content containing any spyware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information;
6.1.5. circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Service;
6.1.6. alter or modify, translate, adapt, merge, make derivative works of, decompile, disassemble, reverse compile, reverse engineer or otherwise attempt to derive the source code for any part of the Service;
6.1.7. archive, download, reproduce, distribute, modify, display, perform, publish, license, creative derivate works, offer for sale and use (subject to the use expressly permitted in the Terms) any part of the Content;
6.1.8. use any robot, spider, scraper or other automated means to access, harvest or ‘scrape’ any data from the Service;
6.1.9. upload, share or submit content that is or may be interpreted as obscene, indecent, pornographic, sexually explicit, libellous, maliciously false, inaccurate, misleading, depicting violence (in an explicit, graphic or gratuitous manner) offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or cause annoyance, inconvenience or needless anxiety to any person or be in breach of hate speech or discrimination legislation;
6.1.10. upload, share or submit any content that infringes any proprietary rights of any third party including any patent, copyright, moral right, database right, trade mark right, design right, trade secret rights in passing off, rights of privacy, publicity, confidence, or under data protection legislation or other intellectual property law;
6.1.11. do or omit to do anything which would bring us, our Service or brand, our suppliers, licensors, distribution partners or other Users into disrepute or in any way damage our or their reputation; or
6.1.12. interfere with another User’s use and enjoyment of the Service or the Content in any other manner that could damage, disable, over burden or impair the Service or the Content.
6.2 PUSH LIVE reserves the right to immediately terminate, suspend or restrict access to the Service (or any part of them) for any User and for any duration as we deem appropriate, if the User engages in any of the above activities (set out in clause 6.1 above) or in any unlawful activity or otherwise uses the Service or any part of them unlawfully. This does not limit our right to take any other actions against a User that we consider appropriate to protect our rights.
6.3 You are solely and entirely responsible for maintaining the confidentiality of your identification details (“IDs”) used to access your Account and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your IDs, your disclosure of your IDs, or your authorisation to allow another person to access and use the Service using your IDs. Furthermore, you are solely and entirely responsible for any and all activities that occur under your Account including any charges incurred relating to the Service. You agree to immediately notify us of any unauthorised use of your Account or any other breach of security known to you. Breach of any provision of this paragraph may subject you to criminal or civil liability. PUSH LIVE is not responsible for any losses resulting from unauthorised access to your Account or unauthorised use of your Account.
6.4 PUSH LIVE reserves the right, in its sole discretion, to refuse, amend or delete IDs and/or passwords used to log in to an Account which PUSH LIVE considers inappropriate or offensive.
6.5 You are solely responsible for any and all fees for internet, mobile or broadband access, use of data, cellular charges, data allowances and / or other costs incurred in connection with the purchase, access to and use of the Service (or any part thereof).
6.6 If you use the chat function, the following “Chat Terms” apply:
6.6.1 The chat function is only available to those aged 18 and over;
6.6.2 Your use of the chat function constitutes your acceptance of the Chat Terms;
6.6.3 The chat function will display the User’s first names / the User’s chosen name / the User’s profile image;
6.6.4 Users must not ask for, or share, any personal information via the chat function (including, but not limited to, full name, address, contact details);
6.6.5 Users may not publish or post other people’s private information without their express authorisation and permission;
6.6.6 PUSH LIVE encourages conversation and discussion between Users but it does not tolerate or allow abusive or hateful behaviour;
6.6.7 If Users experience any abusive or otherwise unwanted behaviour in using the chat function, PUSH LIVE recommends that the User reports such behaviour to us;
6.6.8 Users can report abusive behaviour by emailing firstname.lastname@example.org . Please provide as much information as possible to enable PUSH LIVE to properly investigate the matter;
6.6.9 PUSH LIVE will investigate the claim as soon as it can and will take any steps that it deems necessary to deal with it. This may include blocking a User, terminating Account(s) and, where appropriate, reporting abusive, harmful, or hateful behaviour to the relevant authorities.
7.1. All copyrights, trademarks, trade names, logos, service marks and other intellectual property rights or property rights to the Content contained in, or made available via, the Service are the property of PUSH LIVE, its Affiliates and / or its licensors.
7.2. Users are not granted any licenses or rights to use trademarks, trade names, logos, service marks or other intellectual property rights included in or made available via the Service (or any part thereof).
7.3. We reserve the right to use any photographs or content voluntarily provided by you in setting up your profile. You must ensure that any such voluntary personal content does not infringe any third party rights as outlined in clause 6.1.10 and that you have the relevant permissions to use and share such content.
7.4. All Content is provided “as is” and subject to availability. PUSH LIVE cannot and does not guarantee Content will always be available. You acknowledge that certain Content is provided by third parties and PUSH LIVE cannot guarantee that such Content will always be available. In certain circumstances, Content may only be available in some countries and/or only certain areas within those countries.
7.5. PUSH LIVE expressly excludes all warranties of any kind, express or implied, including, in particular, implied warranties of merchantability, satisfactory quality and fitness for a particular purpose, to the fullest extent permitted by law in respect of any and all Content and the Service.
7.6. PUSH LIVE does not make any assurances or statements regarding the scheduling of Content (which may be changed without prior notification to you), accuracy, reliability or quality of Content, or that any defects in the Content will be repaired, or that the Service is or will be free from errors and disruptions, or available at all times.
7.7. You irrevocably acknowledge and agree that:
7.7.1. PUSH LIVE does not control any third-party content contained in or available as Content, via the Service and provides no assurances as to the integrity, lawfulness and quality of third-party content;
7.7.2. PUSH LIVE cannot guarantee that programme information will be accurate or complete. PUSH LIVE intends to make Content available at the times advertised but you hereby acknowledge and accept that these times may vary; and
7.7.3. PUSH LIVE reserves the right, at its sole discretion and without prior notification to you, to modify or deny access to or delete any Content contained or made available on the Service.
7.8. Image quality of the Content may vary depending on the computer or device you use to access it and may depend on many factors, including in particular the bandwidth available and the speed of the internet connection. To use the Service, you must use a device with an internet connection that is fast enough. In order to view the Content, the following minimum hardware specifications are required:
minimum 1Mb, optimal +10 Mb
Windows: Windows 10
Mac: Mac OS X
Microsoft Edge: https://www.microsoft.com/en-us/edge
Google Chrome: https://www.google.com/chrome
8.1. Any cancellation of your purchase of a PPV Event will be subject to the terms and conditions of the applicable ticketing provider. However, please note that you do not have a right to cancel a purchase of any of our digital products or services after you have started to download or stream these. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
9. BREACH OF THE TERMS
9.1. If you violate any of the provisions of the Terms, PUSH LIVE reserves the right, at its sole discretion and without prior notification of to you, to limit, suspend or terminate your Account and / or access to the Service or any part thereof. If we terminate your access to and use of the Service in accordance with this clause 9, you will be responsible for paying us any amounts that you owe us up to and including the date of termination.
10. LIMITED LIABILITY
10.1. As mentioned above, we cannot promise that your use of our Service or your Account will be uninterrupted, timely, secure or error-free. Therefore, unless the law says otherwise, we are not responsible for:
10.1.1. losses, damage, costs or expenses not caused by our breach of the Terms;
10.1.2. any indirect or consequential loss or damage which means a loss suffered by you which is a side effect of the main loss or damage (for example, loss of profits) and where we could not have anticipated that type of loss arising when you agreed to the Terms; or
10.1.3. any harm, loss or damage suffered by you or anyone else if the Service are interrupted, suspended or otherwise not provided to you or if we do not comply with the Terms because of events beyond our control (including, but not limited to, failure of or delays in third-party communications networks, acts of terrorism, or power failure).
10.2. If we fail to comply with the Terms, we are responsible for the loss or damage that you suffer that is a foreseeable result of our breaching the Terms or our failing to use reasonable care and skill. However, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
10.3. Nothing in the Terms:
10.3.1. restricts your statutory rights as a consumer (including your rights to receive a reasonable standard of service, more details about which can be obtained from your local Trading Standards Office or Citizen’s Advice Bureau); or
10.3.2. limits our liability for death or personal injury resulting from our negligence or for fraud.
10.4. Where we provide digital content (including PPV Events) as part of the Service, then the following will apply for consumers resident in the European Union or the United Kingdom:
10.4.1. if the digital content is faulty you are entitled to request that it is repaired or replaced;
10.4.2. if the fault cannot be fixed within a reasonable time, you may, subject to the terms of any third party ticketing agent, be entitled to receive a full or partial refund of any fees paid (if any); and
10.4.3. if you can show the fault has damaged your device and we have not used reasonable care and skill, you may be entitled to a repair or compensation.
11.1. You agree that you will compensate (in legal terms this is often referred to as indemnifying) us and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, for any claim or demand (including reasonable legal fees) made by any third party due to or arising out of your breach of the Terms, or your violation of any law or the rights of a third party.
12. APPLICABLE LAW AND JURISDICTION
12.1. Unless otherwise required by applicable law, any disputes in connection with these Terms will be governed by the laws of the England and Wales, and the parties consent to the exclusive jurisdiction of the English Courts (or the laws and courts of Scotland or Northern Ireland if you reside there). If the courts in your country will not apply the laws of England and Wales, or if the courts in your country will not permit you to consent to the jurisdiction of the courts in England and Wales, then your local law and jurisdiction will apply to such disputes related to the Terms. The Terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.
13. OTHER IMPORTANT TERMS
13.2. No waiver. If we do not insist immediately that you do anything you are required to do under the Terms, or if we delay in taking steps against you in respect any breach of the Terms by you, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
13.3. Assignment. You may not assign or grant a further license, transfer, encumber, sub-contract or otherwise dispose of rights or obligations under the Terms. We may transfer our rights and obligations under the Terms to another organisation. We will tell you if this happens either via email or on the Service, and we will ensure that the transfer will not affect your rights under the Terms.
13.4. Disputes. Nothing in the Terms deprives you of your right under European or English law to bring a claim via the European Commission’s Online Dispute Resolution mechanism (available at http://ec.europa.eu/odr).
13.5. Rights of third parties. The Terms are not intended to give rights to anyone except you and us.
13.6. Severability of terms. If any provision or part-provision of the Terms is or becomes invalid, illegal or unenforceable, it will be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision will be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause will not affect the validity and enforceability of the rest of the Terms.
14. CUSTOMER SERVICE
14.1. If you have any feedback, questions or complaints or any requests for technical support, please refer to our FAQ Pages. For more information about our Service and its functions, or if you require assistance regarding your Account, please contact us at email@example.com.
14.2. We do our best to respond to all queries as soon as possible but we cannot guarantee a response time.