1. ACCEPTANCE OF TERMS AND CONDITIONS
- Resellers: If you receive your SKY service from a company other than SKY, then that party's terms may also apply to any SKY service offers referred to on this website.
2. USE OF WEBSITE
- No interference: In your use of this website, you agree not to do anything that may cause undue inconvenience, disruption or offence to SKY, or that may affect the security or operation of this website, any services offered via this website or any network or system underlying or connected to them (including without limitation, by using a robot, spider, scraper or other automated means to access this website or feature on it for any purpose).
- Termination/indemnity: SKY reserves the right to terminate your use of this website in the event that you breach any of the Terms or any Additional Terms, and in which case, you agree to indemnify SKY against the consequences of your breach.
3. WEBSITE CONTENT
- Material: You acknowledge and agree that all of the material on this website, including text, images, videos, programme listing information, graphics, trade marks, layout, look-and-feel and any other information contained on or in this website (the "Material") is subject to copyright and other proprietary rights belonging to SKY or its licensors. This website is for your personal, non commercial use only and you agree that nothing contained on this website grants you any licence or right to use the Material. You agree not to, in any way, copy, reproduce, republish, upload, post, transmit, distribute, store (including in electronic form) or modify the Material in whole or in part, whether in text, graphical, audio, video or executable form, without SKY's express written permission.
- Programme Listing information: In relation to the programme listing information on this website, and without limiting the foregoing, you may not remove, copy or extract any of the programme listing information by any automated means or exhibit, permit or facilitate the viewing of any or all of programme listing information in a public viewing area or via the internet or any other means of communication. You may only view the programme listing information. If you wish to make commercial use of the programme listing information you must obtain a separate licence by contacting SKY at firstname.lastname@example.org.
- Streamed Video Content: Where SKY makes available any video content for streaming via the SKY website or any other website, the terms set out in Clause 10 apply
4. EXTERNAL WEBSITES AND THIRD PARTY INFORMATION
- Convenience only: You acknowledge and agree that links and references on this website to external websites or third party material (including advertisements) are provided to you as a convenience only. Except to the extent required by mandatory statutory provisions, SKY is not responsible for any third party material you access on or through this website (including advertisements) and SKY has not reviewed and does not endorse or assume any responsibility for any third party content, advertisements, or products or services offered on or available through this website or any external websites.
- Arrangements with third parties: Any arrangements between you and any third party supplier that advertises products on or through this website (such as payment terms, delivery dates for products or services, warranties or representations associated with such products or services) are made between you and the relevant third party supplier. Unless stated otherwise, SKY has no liability whatsoever in relation to these arrangements.
- Links:You agree not to create any links from any external websites to this website (including deep-links) except with the prior express written permission of SKY. If you wish to obtain such permission email SKY at email@example.com.
- No liability: SKY makes every endeavour to keep the information on this website, including the programme listing information, as up to date as possible, however, you agree that, except to the extent required by mandatory statutory provisions, SKY will not be liable to you for the content, accuracy, availability, timeliness or reliability of any information, statements, services or programme listing information contained on or offered via this website.
- Not error free: SKY does not represent or warrant that this website will be error-free, free of any viruses or bugs or compatible with any other software or material.
6. PROVISION OF INFORMATION BY YOU
- Your information: You acknowledge that any information or material which you provide electronically through your access to or usage of this website is not confidential or proprietary, except as may be required under applicable law, and acknowledge that unprotected communication over the internet is subject to possible interception, alteration or loss. You warrant that any information or materials (other than personal data) which you provide to SKY via this website do not infringe the rights of any person or entity, and that such information and materials may be used in whole or in part in any manner by SKY including, but not limited to, reproduction, retransmission or publication of such information or material or ideas or concepts. You agree not to introduce into or through this website any information or materials which may be harmful to others.
- Selection: Certain services offered via this website may require you to have a login ID and password. We recommend the password you select should not relate to any readily accessible data such as your name, birth date, address, telephone number, driver's licence, licence plate or passport. Nor may it be an obvious combination of letters and numbers, including sequential or same numbers or letters.
- Responsibility: You are entirely responsible for maintaining the security of your login ID and password, and for all activity which occurs on or through your login ID and password, whether authorised or unauthorised. You should change your password immediately if you believe that your login ID and password have been used without authorisation. SKY shall not have any liability for your failure to comply with these obligations. You agree that all information provided to SKY by you in relation to any login ID and password shall be current, complete and accurate.
8. GOVERNING LAW
- New Zealand: Use of this website, these Terms any Additional Terms shall be governed by the laws of New Zealand without reference to principles of conflict of laws. You agree to be bound by such laws and irrevocably agree to submit to the jurisdiction of the courts of New Zealand in connection with the interpretation or application of these Terms any Additional Terms.
- Outside New Zealand: Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
9. PHYSICAL ADDRESS
- SKY Network Television Ltd. is located at 10 Panorama Rd., Mt Wellington, Auckland, New Zealand. To contact us, please write to SKY Network Television, Ltd., PO Box 9059, Newmarket, Auckland; send us an email at http://skytv.custhelp.com/app/ask or phone us at 0800 800 759.
10. STREAMED CONTENT
- Content: Where SKY makes available any video content ("Content") for streaming via the SKY website or any other website:
- SKY may determine in its sole discretion what Content it makes available for viewing, and the viewing period that applies to the Content. Content may be provided on a live streaming basis, or "on demand" at SKY's discretion.
- SKY has no obligation to make any particular Content available, or for any set period of time, and there may be periods where SKY makes no Content available. Content may be provided without charge or for a fee at SKY's absolute discretion.
- You are responsible for arranging a broadband connection at your cost from your personal computer to the website. The volume of data consumed by streaming Content is typically high. You are solely responsible for paying for any data charges that you incur as a result of such streaming.
- You acknowledge that the performance of the streaming or playing of Content is dependent on your broadband connection, the specifications of your personal computer, and other functions being performed by your personal computer at the time, and that SKY will have no responsibility for poor performance or any delay or inability to stream or play any Content due to such factors.
- Content classifications will be displayed with each piece of Content available. You accept full responsibility for reviewing all classification information supplied for each piece of Content for the purpose of informing, and where appropriate safeguarding, other viewers of the Content.
- The website may contain third party information, including advertising, marketing materials, images, editorial commentary and links to third party websites. We do not endorse such content and are not responsible for any reliance that you place on any of this content.
- When you access the Content, you are granted a non-exclusive, non-transferable, limited licence to view the Content on a personal computer for your personal, non-commercial viewing, within the viewing period determined by SKY only. Except for such licence, no right, title or interest in such Content is given or granted to you.
- All copyright, trade marks and all other intellectual property rights in all material or Content supplied remain at all times vested in SKY or SKY’s licensors. You are permitted to use this material or Content only according to these terms and conditions. You will not, and you will not assist or facilitate any third party to:
- copy, reproduce, transmit, distribute, frame, commercially exploit or create derivative works of such material or Content, including but not limited to any unauthorised peer to peer file-sharing and the facilitating of such activities through hosted websites and services;
- engage in activities that infringe intellectual property rights owned or controlled by SKY's licensors, including, without limitation, the unauthorized reproduction, making available, or distribution of the material or content via unauthorized posting, unauthorized streaming, making available, uploading or downloading; or
- facilitate such activities through subscriber hosted websites and services.
- If you become aware of any such unauthorised exploitation of the content or other material supplied, you agree to notify SKY immediately and to provide all reasonable assistance to SKY to stop and/or prevent such activity.
- In viewing the Content, you must not:
- display or make the Content available in any public place;
- distribute, transmit or resupply the Content to any person;
- transfer the Content from your personal computer to any other device, including to another personal computer;
- copy, edit, modify, reproduce, create derivative works from, alter or adapt the Content or any portion thereof (including without limitation by "burning," P2P file-sharing, posting, uploading or downloading), or in any other way breach the copyrights in the Content;
- use the Content for any commercial purposes;
- attempt to damage, interfere or harm to SKY or the website, or any network or system underlying or connected to them, including by using a robot, spider, scraper or other automated means to access the website or information featured on it for any purpose;
- attempt to circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any encryption, rights signalling or copy protection technology in which the Content is wrapped or otherwise associated;
- breach these terms, or any of other terms and conditions that apply between you and SKY;
- cause us to breach the law or incur a liability to any person;
- adversely affect our reputation or brand;
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any material;
- collect or store personal information about other users; or
- breach a law or engage in any illegal activities.
- SKY does not guarantee that the Content will always be available, or error free, or that requests to view Content will always be successful.
- SKY reserves the right to withdraw any Content at any time, at SKY's discretion.
- You may not view the Content if you are located outside New Zealand.
- In addition, you may not be able to access the Content if your network configuration prohibits you from streaming video content (for example, if your firewall or filtering mechanisms prevent access to certain websites or file types).