MTV Play Terms & Conditions
These are the legal terms (“Terms”) that apply to your use of the MTV Play subscription video on demand app (the “App”) and the digital content (including all programmes) that we make available through the App from time to time (the “Content”). Please read these Terms carefully before accessing the App and/or Content. By accessing the App and/or any Content, you agree to be bound by these Terms. If you do not agree to any of the provisions of these Terms you should immediately stop using the App and the Content. If you have any questions regarding these Terms you can contact us as set out below. These Terms are only available in the English language.
Any reference in these Terms to “you” or “your” means you, the user of the App.
1. OUR DETAILS
"We", "us" and "our" means Viacom International Media Networks UK Limited which is a company registered in England & Wales (company no. 10344647) with its registered office at 17-29 Hawley Crescent, London, NW1 8TT. Our VAT number is GB466509032.
If you have any questions or concerns you may contact us using the in-App chat function or this email address: firstname.lastname@example.org
2. CHANGES TO THESE TERMS
We may need to make changes to these Terms in the future, for example to reflect changes in the law, changes in the App or Content or to correct errors in these Terms. We recommend that you check these Terms from time to time to see if they have changed and refer to the Legal Updates Summary document within the App for a summary of any changes. We will always state at the bottom of these Terms the date on which they were last updated.
If you continue to use the App and/or Content after our Terms change you will be bound by those changes.
3. DOWNLOADING THE APP AND ACCESSING THE CONTENT
In order to download the App and access Content you must:
be 16 years old or older to access the App via the Google Play store or be 17 years old or older to access the App via the Apple App Store;
be resident in the United Kingdom;
have an account registered with the third party app store that you download the App from (the “App Store Provider”); and
have an iOS device with iOS 10 or higher or an android mobile device with Android 4.4.2 or higher and access to the internet or a mobile cellular network.
Your download of the App is subject to the terms of service of the applicable App Store Provider.
The App is free to download, but in order to access the Content you will need to start a subscription or free trial. Your subscription or free trial will be registered against the account that you hold: (i) with the App Store Provider; or (ii) if you have opted in to receive access to the Content as part of an offer from a telecommunications or entertainment service provider (“Service Provider”), with the Service Provider. Further details of the free trials and the subscriptions that we offer, and how payment is taken in respect of a subscription, are set out in sections 4 and 5 below.
If any of the information provided in respect of the account you hold with the App Store Provider or the Service Provider is untrue, not current or incomplete we or they may suspend or terminate your access to the App and Content.
You are responsible for keeping any passwords and other account details secret. You will be responsible for all activity that occurs under your account by another person if you fail to take reasonable measures to keep your account details secret. You agree to notify us immediately if you know of any unauthorised use of your account or any other breach of security and to exit from your account at the end of each session.
These security measures are important and we cannot take any responsibility for inconvenience, loss or damage you suffer as a result of failing to comply with them.
Once you have started a subscription or a free trial you will be able to access Content, although the Content accessible on the App will change from time to time.
Please note that when the App communicates with our servers, it sends and receives data that may be transferred over your mobile carrier's cellular network. You understand that you are responsible for any data charges according to your device's mobile carrier and service plan.
4. FREE TRIALS, SUBSCRIPTIONS AND PAYMENT
Note: If you have opted in to receive access to the Content as part of an offer from a Service Provider the terms of this section do not apply to you. Please see section 5 below instead.
New users of the App may be eligible for a free trial, of a duration specified to new users at the point of subscription. Please note that if you have at any time held a subscription you will not be eligible for the free trial. Each user is only eligible for one free trial.
If you are eligible for a free trial, the free trial period will start when you download the App and choose to start your subscription and end at the expiry of the free trial.
Unless you cancel prior to the end of the free trial, you will automatically start a paid subscription at the end of the free trial period and your payment method will automatically start to be billed for the periodic subscription fee (as further set out below). We will NOT notify you once your free trial comes to an end and you begin to be billed.
App Store Paid Subscriptions
You can gain access to the Content by paying a periodic subscription fee at the current price set out in the App to the App Store Provider (the “App Store Subscription Fee”). Please note that the App Store Subscription Fee may be varied from time to time.
The App Store Subscription Fee is inclusive of VAT and any applicable sales taxes.
Payment of App Store Subscription Fee
When you pay the App Store Subscription Fee, you will be paying the App Store Provider and not us directly. Your payment of the App Store Subscription Fee is subject to these Terms and the App Store Providerâ€™s terms and conditions.
Payment for the App Store Subscription Fee will be taken by the App Store Provider from the payment method that you have registered against your account held with the App Store Provider.
The provider of your chosen payment method may charge you additional charges on top of the App Store Subscription Fee. You should ask your payment method provider for further details.
If you wish to change your payment method you will need to do so through the App Store Provider.
5. CUSTOMERS WITH AN OFFER FROM A SERVICE PROVIDER
Note: A customer who has opted in to receive access to the Content as part of an offer from a Service Provider shall be referred to as a “Service Provider Customer”. If you are not a Service Provider Customer, the terms of this section do not apply to you. Please see section 4 above instead.
As a Service Provider Customer you may be eligible for a free trial offered by the Service Provider. Any such free trial shall be subject to your contract with the Service Provider.
You can gain access to the Content by paying a periodic subscription fee to your Service Provider at the current price set out in the App or offered by your Service Provider (the “Service Provider Subscription Fee”). Please note that the Service Provider Subscription Fee may be varied from time to time.
Payment of Service Provider Subscription Fee
When you pay for the Service Provider Subscription Fee, you will be paying your Service Provider and not us directly. Your payment of the Service Provider Subscription Fee is subject to your contract with the Service Provider.
6. CANCELLATIONS AND REFUNDS
You may cancel your subscription at any time. To do so, you will need to contact (i) the App Store Provider or, (ii) if you are a Service Provider Customer, the Service Provider. Please see the App Store Providerâ€™s terms or your contract with the Service Provider (as applicable) for further details as to the steps that you need to take to do so. We are not responsible for any charges you may incur where you have not cancelled your subscription with the App Store Provider or the Service Provider (as applicable) correctly.
Once you cancel your subscription you will continue to have access to the Content until the end of the period that you have paid for. You will cease having access to the Content from the end of such period.
Under law, you have an additional legal right to cancel certain contracts and claim a refund after 14 days after entry into such a contract, however you acknowledge that, by downloading the App and registering/verifying your account, you agree that we can start to provide the Content to you immediately and by doing so you acknowledge that you lose this additional right to cancel and obtain a refund.
All subscription fees are non-refundable and in no event will you be eligible for a refund for any partial subscription period.
6. YOUR USE OF THE APP
You agree that in using the App and accessing the Content you will not:
use the App or Content for any purpose other than your personal and private use;
transfer files that contain viruses, trojans or other harmful programs;
penetrate or attempt to penetrate the App's security measures;
circumvent or attempt to circumvent any restrictions on the Content accessible by you;
decompile, reverse engineer or disassemble the App or any other software;
copy, archive, reproduce, republish, transmit, edit, modify, create derivative works of, communicate to the public or otherwise distribute in any way the Content;
act in a way that violates or infringes the rights of anyone else, for example other peopleâ€™s copyright or right to privacy; or
act in any other way that could reasonably be expected to affect us adversely or reflect negatively on our goodwill, name or reputation.
Intellectual Property Rights
The App, Content and all other material and information provided by us or any third party via the App (including, without limitation, photographs, logos, graphics, animations and text) (the “Materials”) is protected by intellectual property rights including copyright, designs and trade marks. Nothing in these Terms, or your use of the App or Content, gives you any rights of ownership in the Materials and you may only use the Materials in accordance with these Terms.
Access Restrictions and Portability
Content is only available to be streamed, and may not be downloaded. This means that in order to watch Content, you will need to have access to the internet or a mobile cellular network. Please note that you may incur data charges if you are streaming content via a mobile cellular network.
As well as accessing the Content in the United Kingdom, you may stream the Content elsewhere in the European Union (“EU”) but only whilst you are located outside of the United Kingdom on a temporary basis. It is your responsibility to let us and the App Store Provider or the Service Provider (as applicable) know if you are outside of the UK but otherwise in the EU on any other basis (for example, if you move to another EU country on a permanent basis).
Quality of Stream
The quality of your stream of Content will depend on what Content you choose to stream, what device you stream it on, the configuration of that device, the quality/speed of your internet connection or mobile cellular network, and your location. The quality of the stream may vary depending on whether you are in the United Kingdom or elsewhere in the European Union.
Nothing in these Terms shall exclude or limit our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence, or the negligence of our employees or agents.
You have certain rights under the law and certain legal remedies if we breach any of these rights which may apply notwithstanding these Terms. Nothing in these Terms is intended to affect these legal rights or remedies.
If we breach these Terms we will only be liable for losses which are a reasonably foreseeable consequence of such a breach, up to a maximum of one thousand pounds sterling (Â£1,000). Losses are foreseeable where they could be contemplated by you and us at the time of you accepting these Terms.
We will not be liable to you for:
losses not caused by our breach of these Terms;
indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time of you accepting these Terms; or
failure to provide the App or Content or to meet any of our obligations under these Terms where such failure is due to Events Beyond Our Control. “Events Beyond Our Control” means any cause beyond our reasonable control which prevents us from providing the App or Content or fulfilling any of our other obligations under these Terms and includes but is not limited to fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God.
Whilst we use reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention, we do not warrant that the information on the App itself will be free from errors or omissions.
Subject to your rights under law in respect of digital content, we do not warrant that the App or Content will be available uninterrupted or in a fully operating condition. Access to the App and Content may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons Events Beyond Our Control.
The App and Content are provided on an 'as is' and 'as available' basis. Subject to your rights under law in respect of digital content, we do not make any representation or give any warranty (whether express or implied) in respect of the App or Content, including, without limitation, any statements made by advertisers on or via the App. Any decisions or action taken by you on the basis of information provided on or via the App are at your sole discretion and risk and you should obtain individual professional advice where necessary.
Subject to your rights under law in respect of digital content, we may change, modify, add to, or delete elements of the App and/or Content at any time, with or without notice.
You will be required to compensate us in full for all of our losses caused by your misuse of the App and Content, including losses we suffer by virtue of someone else bringing a claim against us in respect of such misuse. A misuse of the App and Content arises if you do not comply with the rules set out in these Terms.
9. THIRD PARTY WEBSITES
We may include links in the App to other websites which are not controlled by us. Any such links are provided solely for your convenience and this does not amount to an endorsement by us of that website or its content. If you use those links you will leave the App and if you decide to visit any linked site, you do so at your own risk. These Terms and our Privacy and Cookies Policy only apply to your use of the App and Content and we cannot be responsible for any content, or products and services available on any other websites as we do not control them.
10. SUSPENSION AND TERMINATION
We (and/or the App Store Provider or the Service Provider) have the right to suspend or terminate your access to the App and Content if you do not comply with these Terms or if you do not pay the relevant subscription fees to the App Store Provider or the Service Provider. We will use reasonable efforts to give you reasonable prior notice of our intention to suspend or terminate your access unless your non-compliance is or could be against the law, is adversely affecting other users of the App or Content or could damage our reputation.
11. QUERIES AND COMPLAINTS
If you have a query or want to make a complaint about the App or any Content you can do so by using our in-App chat function or this email address: email@example.com
Each provision of these Terms is to be construed separately and will apply and survive even if for any reason any other provision is held to be inapplicable or unenforceable in any circumstances. Each of the provisions of these Terms excluding or limiting liability will remain in force notwithstanding any termination of these Terms or termination or suspension of your access to App and Content.
13. NO WAIVER
No waiver of any rights by either you or us will be taken as a waiver of any other rights you or we may have. For example if we waive our rights to complain about a particular breach of these Terms by you it does not prevent us from complaining about other breaches.
14. GOVERNING LAW AND JURISDICTION
We shall do our best to resolve any disputes between us. Any disputes shall be subject to the laws of England and Wales and subject to the exclusive jurisdiction of the courts of England and Wales. However, if you reside elsewhere in the European Union, you still have the benefit of any applicable rights under the laws of, and the right to bring an action before the courts of, your country of habitual residence.
These Terms were last updated on 2 October 2018.