Television X WebTV Customer Terms and Conditions
These Terms and Conditions govern your use of the Television X WebTV website ("the Site") and your relationship with us.
For the avoidance of doubt, where you have been granted access to the Site as a part of Portland’s “Ultimate” or “Premier” packages, then the terms of such access shall be governed by Portland’s TV Channel Customer Terms and Conditions.
Please read these Terms and Conditions, and our privacy policy, carefully before registering on the Site, as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, or our privacy policy, please do not register on the Site. Our privacy policy can be found at here.
In these Terms and Conditions, and in our privacy policy, "we ", "us" and "our" mean Portland Enterprises (CI) Limited and "you" means the individual who is using the Site. Where these Terms and Conditions mention your "use" of, or "using", the Site, this includes your receipt of, or receiving, any services available through the Site or otherwise from us; it also includes your ordering and purchasing of any goods through the Site or otherwise from us.
1. Use Of the Site
By registering on the Site you agree to these Terms and Conditions. Where these Terms and Conditions require you to do something you will, by registering on the Site, agree to do it; and where they require you not to do something you will, by registering, agree not to do it.
If you register on the Site, we will provide the Site, and the services available through it, to you on a Subscriber or PPV Viewer basis for your own personal use and as described in these Terms and Conditions. These services include allowing you to access and view adult entertainment content on the Site.
You warrant and represent that you will not allow anyone else to use your membership on the Site or to pretend to be you in using the Site.
After you register on the Site we will send you an email to confirm that your membership has been accepted and to give you a password to allow you to activate your membership. You will not receive any services through the Site until you have activated your membership using that password.
2. Pricing and Payment
By registering on the Site you agree to pay us the amount specified in our pricing schedule shown on the Site. The amount you agree to pay will depend on whether you choose to be a Subscriber or a PPV viewer:
Subscriber: As a Subscriber, you shall be entitled to access the Site in accordance with these Conditions for as long as you have paid the relevant reoccurring monthly fees indicated on this Site. Payments for Subscribers shall be paid by the Subscriber to Portland on a monthly reoccurring payment basis by means of the payment method selected by the Subscriber. To subscribe to the service you must first be registered with us.
PPV Viewer: As a PPV Viewer, you shall be entitled to access the Site the Site on a “Pay Per Night” basis for a 24 hour period commencing at the time that your payment has been received by Portland and you have activated your password which shall allow you access to the Site.
Our pricing schedule, and details of the categories of membership (Subscriber and PPV Viewer) available through the Site, can be found at http://webtv2.televisionx.co.uk/help.aspx.
All prices are stated in pound sterling and are inclusive of VAT.
Payment will be made online and may be made by any major credit or debit card.
3. Changes to these Terms and Conditions
We may change these Terms and Conditions, from time to time, to comply with the law and any codes of practice or to improve the Site or the services available through it. We will notify you of any changes by making an announcement on the Site or by sending you an email.
Except for changes to our pricing schedule, or which otherwise may affect any payments due from you to us, any changes to these Terms and Conditions will apply from the time they are announced.Any changes to our pricing schedule, or which otherwise may affect any payments due from you to us, will take effect one (1) calendar month after they are announced.
If you do not wish to accept any changes to these Terms and Conditions or pricing schedule you may ask us to us terminate your membership in accordance with the terms listed below.
4. Availability of the Site
We make no promise that you will be able to access the Site or that it, or the services available through it, will meet your requirements. We also make no promise that the services you receive through the Site will be fault free or available when you want them.
We may occasionally restrict your access to the Site, or particular services, to make repairs, to maintain the Site or to introduce new facilities or services to the Site.
5. Providing Information when you Register on the Site
When you register on the Site you will need to provide us with your name, address, day time telephone number, home telephone number, email address and credit or debit card details. We will use these details in accordance with our privacy policy.
By registering on the Site you will be confirming that that the details you provide are correct and complete. You will also be confirming that either you are the registered owner of the credit or debit card, the details of which you provide, or that you have the permission of its registered owner to provide those details in registering on the Site. We reserve the right to cancel your membership if this confirmation is untrue.
You must inform us of any change to any details you provide immediately.
6. Providing pictures and film clips for inclusion on the Site
After you have registered on the Site, we may in future add functionality whereby you may send us pictures and film clips for inclusion on the Site. By doing so, you will allow us to:
*include them on the Site, but agree that we are not required to do so;
*edit them before or after including them on the Site; and
*make them available to other people, including users of the Site and internet search engines, worldwide.
By sending us those pictures and film clips you will also be confirming that you created, and did not copy, them or any of their content (including any soundtrack). You will also be confirming that by providing them to us, and by our including them on the Site, neither you nor we will infringe any person's copyright or other rights, of whatever nature, including other intellectual property rights.
You must not send us any picture or film which, or any part of which (including any soundtrack), depicts or promotes any unlawful activity; is offensive, abusive, objectionable or unlawful; or which includes any harassing, defamatory, abusive, threatening, harmful, obscene, profane, or racist material, or any advertising.
We may, but do not have to, monitor the pictures and film clips you send us from the Site, and may remove them at our discretion.
7. Chat Rooms and other Forums
The Site may in the future contain chat rooms, message boards and comment boards (“Forums”) to which you may contribute after you have registered on it. When you enter any Forum, and each time you make any contribution to any of them (including of any graphics), you confirm that your contributions will:
*be civil and not disruptive, offensive, abusive, objectionable or unlawful;
*Not be derogatory to us, our Site or our content,
*not include harassing, defamatory, abusive, threatening, harmful, obscene, profane, or racist material;
*not depict or promote any unlawful activity;
*not include advertising; and
*not impersonate any person.
We advise you not to reveal any personal information about yourself or anyone else (including any telephone number, address or email address) in any Forum, or to meet alone any person with whom you make contact through any chat room.
We may, but do not have to, monitor contributions to Forums on the Site and remove and/or edit them as and when we choose. By making any contribution to any Forum you agree that we may do this and that we may forward your contributions, and details about you, to any law enforcement authority.
We reserve the right to terminate your membership of the Site if you do not comply with any of these requirements concerning chat rooms on the Site.
You understand that the views expressed in the Forums on the Site are not our views.
8. Your Right to Cancel your Membership
If you are a Subscriber and wish to terminate your membership, its termination will take effect at the end of the calendar month in which you email us at support@televisionx.co.uk informing us that you wish to terminate your membership. You shall not be entitled to any refund of your membership fees for the period between the date on which you inform of your wish to terminate your membership, and the termination of your membership at the end of the relevant calendar month. After termination, you will no longer be obliged to pay monthly subscription fees, and you shall no longer be able to access the Site or any of its content.
If you are a PPV Viewer, at the end of any relevant 24 hour period of Pay Per View access to the Site that you have paid for in accordance with these terms and conditions, your membership will automatically expire without obligation to renew for further periods.
9. Age Restrictions
When you first register on the Site, and each time you access the Site, you confirm that you are at least eighteen (18) years of age.
We reserve the right to cancel your membership, and/or bar your access to the Site if we reasonably believe that such confirmation is untrue.
10. Your Responsibilities
We will not provide you with computer or other necessary equipment to access the Site. To use the Site you will require Internet connectivity and appropriate computer equipment and telecommunications links.
You alone are responsible for ensuring that you do not injure yourself by excessive use of computer or other equipment in using the Site and that you are able to afford to use the Site, and purchase goods through the Site, to the extent that you do so.
We will not pay for any telephone or other costs that you may incur in accessing or using the Site. If you will not be paying the telephone costs of accessing the Site, please ask for the permission of the person who will before you access it.
11. Our Rights
We, or people we have contracted with, own or are permitted to use all the copyright, database rights or other rights and information within the Site. You may use content obtained from the Site on a temporary basis for your personal use and reference. You will not make any hard copies of any of content obtained from the Site and, except where you are using a feature of the Site, such as "e-mail a friend”, you must not copy, or send to or share with any other person, any of that content unless we have already agreed in writing. Portland reserves the right to immediately suspend or terminate your membership and/or your access to the Site in the event that you breach any term of these Terms and Conditions.
12. Limitations on your use of the Site
You may not use the Site for any of the following purposes:
*Sending or sharing any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material;
*Sending or sharing any material that encourages criminal activity or which causes any person to breach any law, regulation or code of practice;
*Gaining unauthorised access to any computer system;
*Interfering with any other person's use or enjoyment of the Site;
*Breaching any laws concerning the use of public telecommunications networks;
*Interfering or disrupting networks or web sites;
*Making, transmitting or storing electronic copies of the materials protected by copyright without our permission; and
*Any business purpose.
13. Our Liability
The Site is provided by us without any warranties or guarantees. You must bear the risks associated with using the Internet.
The Site includes content from other Internet sites or resources. We will not be responsible if any of this is incorrect, incomplete or not reputable; you alone must bear the risks of relying on that content. We will not be responsible for any technical problems you may experience with the Site. If we are informed of any errors in the contents on the Site we will try to correct them as soon as we reasonably can.
In addition, we will not be liable for any losses or expenses you suffer in connection with any:
*Incompatibility of the Site with any computer equipment, software or telecommunications links; or
*Technical problems, including errors or interruptions of the Site.
You agree that we will not be liable to you for any loss of income, profits or data in connection with your use of the Site.
Nothing in these Terms and Conditions limits our liability for personal injury or death caused by negligence or for fraud.
14. Your Liability
You will pay all our losses and expenses arising in connection with:
* Any claim by anyone that your use of the Site is, or has been, defamatory, offensive or abusive or of an obscene nature, or that it is or has been illegal or a breach of any law, regulation or code of practice; and
* Any claim by any third party that your use of the Site infringes, or has infringed, any person's copyright or other rights, of whatever nature, including other intellectual property rights.
The above will not apply to any loss or expense arising only out of our provision of the Site or the services available through it.
15. Advertising and Sponsorship
Part of the Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with relevant laws and codes of practice. We are not responsible for any error or inaccuracy in that advertising or sponsorship.
16. Governing Law
These Terms and Conditions are governed by, and should be understood according to, English law. You agree that if you and we have any dispute concerning these Terms and Conditions, the Site or your use of the Site, which you or we take to court, you and we will only take the dispute to the courts of England and Wales and that those courts may decide it.
Unless otherwise specified, the Site is directed solely at individuals in the United Kingdom. If you choose to access the Site from outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
17. Miscellaneous
You cannot give any other person any of your rights under these Terms and Conditions and nobody except you and we can enforce any of these Terms and Conditions.
If a court decides that any of these Terms and Conditions is invalid, that decision will not affect the rest of these Terms and Conditions.
We will not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our control.
Where these Terms and Conditions use the words "include" or "including", those words will be understood to mean "include without limitation" and "including without limitation", respectively.
The Site is owned and operated by Portland Enterprises (CI) Limited, a company registered in Jersey whose registered office is at First Floor, Orviss House, Queen Street, St Helier, Jersey JE2 4WD.