·         1. TERMS AND CONDITIONS

o        1.1 Acceptance of Terms and Conditions Welcome to www.battlefield.tv (this "Website"). This Website is owned and operated by Battlefield History TV Limited (BHTV). References to "we", "us" or "our" are references to Battlefield History TV Limited. We are a company registered in England and Wales, our registered company number is 4867210, and our registered company address Battlefield History TV Limited, Old Pond House, Upper Dean, Huntingdon, Cambs, PE28 0ND.

o        Your use of this Website and your use and/or purchase of BHTV's products and services is at all times subject to these Terms and Conditions (which forms a legally binding contract between you and us) and all applicable laws. By accesssing this Website or using and/or purchasing BHTV's products or services, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use this Website and do not use and/or purchase BHTV's products or services.

o        1.2 Changes to Terms and Conditions
We reserve the right, from time to time, with or without notice to you, to change these Terms and Conditions at our sole discretion. The Terms and Conditions applicable to your access to and use of this Website and your use and/or purchase of our products or services will be the version that is current and displayed on this Website as at each date you access this Website or use and/or purchase our products or services (as applicable). Your use of  this Website or your use and/or purchase of BHTV's products or services after changes are made means that you agree to be bound by such changes.

         
 2. USE OF THE BHTV WEBSITE o        2.1-BHTV offers a  - Download-To-Own Service the additional terms and conditions for this service are set out on the product page of each individual download.

o        2.2 Any terms and conditions, additional usage rules or similar on this Website relating to any product or service that you use and/or purchase from us are deemed to be incorporated into these Terms and Conditions.

o        2.3 We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of our products and services.  

o        2.4 You must have internet access and valid payment details to use and/ or purchase any item or service on our website to protect us from theft and fraud. Some banks or payment card companies may reflect this authorisation against your available balance or credit limit.

                                3. DOWNLOAD SERVICE

o        3.1 This Website offers download-to-own content ("DTO Content"), which you may download and view for an unlimited period on specific devices  subject to these Terms and Conditions (and any other terms and conditions or usage rules displayed when you purchase), and payment of the applicable DTO Content fee.

 o        3.2 Please note that your ability to download and/or view DTO Content will depend upon having sufficient technical        equipment, including connectivity and bandwidth available to you to properly download and view DTO Content. Prior to purchasing DTO Content, you must ensure that you have all necessary equipment, connectivity and systems to download and view the DTO Content properly. We are not able to specify particular requirements (which may vary) and are not responsible in any way for your ability to download and view DTO Content. Minimum system requirements are specified in the download section of this Website.

o        3.3 Your purchase of DTO Content will entitle you to download from us any appropriate content files (displayed at point of purchase) at any time after purchase of the DTO Content license.

o        3.4 Unless otherwise stated in the product details page of the individual download, you will be entitled to retain one file relating to the DTO Content on the hard drive of your personal computer (or other device specifically authorised by BHTV) to which the DTO Content is initially delivered via a connection to the Services over the Internet. This file is not transferable to, or usable on, any other device. Always check the detailed information on what you are buying on the product page  of the individual download.

o        3.5 You will be entitled to retain one file relating to the DTO Content that is transferable to one other device, being a portable device that is compatible with the appropriate format which will be clearly displayed at point of purchase. You will need to synchronise your chosen device with your personal computer in order to transfer the relevant file. Once you have transferred the relevant file to a portable device, you will not be entitled to transfer the file to any other device either from your personal computer or from your portable device. In order to use portable devices, you must ensure that your portable media player is compatible.

o        3.6 In order to enable viewing of your DTO Content on personal computers other than the one to which it was initially delivered, you will have to obtain a new license by connecting each such computer to the Services via an Internet connection and purchasing and downloading a new license.

o        3.7 We may determine from time-to-time in our sole discretion those devices that are compatible to receive a license to view DTO Content as indicated on this Website at the time of downloading and installing the new license. Any rights granted to you hereunder (or on this Website at the time of purchase) to make and keep any copies of DTO Content is solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any audio or video content contained within any DTO Content.

o        3.8 You are solely responsible for retaining a permanent copy of the DTO Content. If the Content that you purchase does not download and play correctly, please contact Customer Service and we will endeavor to resolve the problem. Once you have successfully downloaded a copy of DTO Content, we will not replace the DTO Content if you are unable to play it or if you lose the DTO Content including if the file becomes damaged or corrupt, is accidentally deleted, your computer crashes, is lost or destroyed, your hard drive fails or the DTO Content does not play for any other reason.

o        3.9 You understand that the DTO Content includes a security framework using technology that protects digital information and limits your usage of the DTO Content to certain usage rules established by us or our licensors (whether in these Terms and Conditions and/or on the relevant pages of this Website). You undertake that you will use the DTO Content for personal, private use only (and not for any direct or indirect commercial purpose) and that you will not copy, rent, sell or grant any third party rights in any DTO Content. You agree that you will not attempt to, or encourage or assist any other person to, circumvent, modify, reverse-engineer, decompile, disassemble, or otherwise tamper with any security or rights management technology or software that is part of the DTO Content or used to administer the usage rules, or interfere with, remove or alter any rights management information on the DTO Content.

·         4. PROHIBITED USE OF THIS WEBSITE

o        4.1 You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with this Website. You agree not to interfere with the servers or networks underlying or connected to this Website or our services or to violate any of the procedures, policies or regulations of networks connected to this Website.

o        4.2 You agree not to impersonate any other person while using this Website, conduct yourself in an offensive manner while using this Website, or use this Website for any illegal, immoral or harmful purpose.

·         5. MATERIAL ON THIS WEBSITE

o        5.1 Copyright
All materials (including software and content whether downloaded or not) contained on this Website are owned by BHTV (or our affiliates and/or third party licensors (as applicable)), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited licence for use of content that you may purchase from this Website to use such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms and Conditions, without our prior written permission.
You acknowledge and agree that certain content on this Website and on discs provided to you is the property of third party licensors and without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions within these Terms and Conditions against you.

6. USER MATERIAL

o        6.1 This Website allows for material to be submitted to us under certain controlled conditions, for example, to upload items onto the “News Channel”. You may be able to upload video, images or sounds. In these Terms and Conditions, we use the term "User Material" to refer to any material of any kind that you submit to us, including text, files, images, photos, video, sounds and musical or literary works. It does not include the information you provide when you register or purchase items.

o        6.2 This clause 6 (User Material) of these Terms and Conditions sets out the rights and obligations that you and we have in connection with User Material. If you review or submit User Material you are agreeing to do so on these Terms and Conditions. If you do not want to review or submit User Material on these Terms and Conditions, then you should not do so.

o        6.3 We do not review User Material submitted by users of this Website. We are not responsible for the content of User Material. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy. We disclaim all liability in connection with User Material to the extent permitted by law.

o        6.4 We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of this Website, particularly where User Material breaches this clause 6 (User Material) of these Terms and Conditions and we may do this with or without giving you any prior notice.

o        6.5 We do not claim any ownership rights in User Material. However, by submitting User Material you hereby grant to BHTV an irrevocable, perpetual, non-exclusive, royalty-free, sublicensable, transferable and worldwide license to use, reproduce, modify, prepare derivative works of, display and perform that User Material in any media (including this Website and those websites which we operate by way of a "white-label" or "co-branded" service for third parties).

o        6.6 We may link User Material or parts of User Material to other material, including material submitted by other users of this Website or created by BHTV and/or other third parties. We may use User Material for our internal business purposes, for example, to examine trends or categories and to use those on this Website or to promote, market or advertise BHTV. We will not sell your User Material to third parties but you acknowledge that we may indirectly commercially benefit from it, for example, by selling third party advertising which appears next to User Material.

o        6.7 Each time you submit User Material to us, you represent and warrant to us as follows: (a) you own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trade mark), privacy or publicity rights, rights of confidentiality or rights under contract; (b) your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or otherwise inappropriate; (c) your User Material does not identify any individual (including by way or name, address or a still picture or video) under the age of 18 and if User Material identifies any individual over the age of 18, you have that person's consent to being identified in exactly that way in your User Material; and (d) in submitting your User Material you are not impersonating any other person.

o         

·         7. GENERAL TERMS AND CONDITIONS

o        7.1 Privacy
We collect personal information about you through and in connection with your use of this Website and your use and/or purchase of our products and services. All information that we collect about you is subject to our Privacy Policy, which is deemed to be incorporated into these Terms and Conditions.

o        7.2 Indemnity by you
You agree to indemnify and hold BHTV, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with any breach by you of these Terms and Conditions, including clause 6 (User Material) or any violation by you of any applicable laws or the rights of any third party.

o        7.3 Disclaimer of Warranties and Limitations on Liability

§         7.3.1 Nothing in this clause 7.3 (Disclaimer of Warranties and Limitations on Liability) or otherwise in these Terms and Conditions shall exclude or in any way limit BHTV's liability for:
i fraud; or
ii death or personal injury caused by its negligence (including negligence as defined in s.1 Unfair Contract Terms Act 1977); or
iii liability to the extent the same may not be excluded or limited as a matter of law.

§         7.3.2 This Website and its contents are provided "as is" and on an "as available" basis and we make no representations or warranties of any kind with respect to it, including as to the accuracy, completeness or currency of this Website or its content. We assume no liability or responsibility for any errors or omissions in the content of this Website, any failures, delays, or interruptions in the shipment of discs, delivery or downloading of any content contained on this Website, any costs, losses, expenses or damages arising from the use of the content provided on this Website or any conduct by users of this Website. We reserve the right to deliver discs or enable downloading of Content at our sole discretion. Subject to clause 7.3.1, we disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. .

§         7.4.3 Subject to clause 7.3.1, in no event shall we, our shareholders, directors, officers, or employees be liable (jointly or severally), to you or any third party for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of such damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. If any applicable authority holds any portion of this clause 7.3.3 to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

§         7.4.4 Subject to clauses 7.3.1, 7.3.2 and 7.3.3 our maximum liability to you, (whether in contract, tort, (including negligence), breach of statutory duty or otherwise), arising out of or in connection directly or indirectly with your use of this Website, or any website content or your use of our products and services shall not exceed in aggregate the greater of £1 and/or the total amount paid by you to us in respect of BHTV's products and Sservices in the month preceding any such claim.

o        7.5 Applicable Law
Your use of this Website is governed by these Terms and Conditions and construed and enforced in accordance with the laws of England and Wales. Disputes arising from or in connection with your use of this Website  or your use and/or purchase of our products or services are subject to the non-exclusive jurisdiction of the English courts.

o        7.6 Assignment/Transfer By Us
You agree that we may assign any or all of our rights and/or novate, transfer, sub-contract or delegate any or all of our obligations under these Terms and Conditions to any third party. These Terms and Conditions are personal to you and are agreed to by you for your own benefit and not for the benefit of any third party.

o        7.7 Assignment/Transfer by You
Rights and/or obligations under these Terms and Conditions are not transferable and therefore cannot be sold or traded. Further, you may not assign, novate, transfer, sub-contract or otherwise dispose of any or all of your rights and/or obligations under these Terms and Conditions.

o        7.8 No Waiver
If we delay exercising or fail to exercise or enforce any right available to us under these Terms and Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions.

o        7.9 Force Majeure
We will not be liable to you for any lack of performance, or the unavailability or failure, of this Website or any of our products or services, or for any failure or delay by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause beyond our reasonable control.

o        7.10 Third Party Rights
Subject to clauses 5.1 and  7.4, which confer benefits on third parties- which you hereby acknowledge and agree shall be directly enforceable by such third parties, nothing in these Terms and Conditions confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.
In accordance with clause 1.2, we may rescind, waive, assign, release or vary any or all of the provisions in this Agreement in any way without your consent or the consent of any third party.

o        7.11 Entire Agreement
These Terms and Conditions (including the Privacy Policy and any other terms and conditions or usage rules incorporated into these Terms and Conditions) constitute the whole agreement between you and us relating to their subject matter and supersede any prior agreements, undertakings, representations, warranties and arrangements of any nature, whether in writing or oral, relating to such subject matter. Neither party has any liability to the other for a representation or statement not set out in these Terms and Conditions.

o        7.12 Interpretation
7.12 Interpretation In these Terms and Conditions, unless the context requires otherwise: i any phrase introduced by the words "including", "include", "in particular", "for example" or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and ii references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.

o        8. BHTV's Contact Details
All correspondence to BHTV, including any queries you may have regarding your use of the Website, your use and/or purchase of BHTV's products and services or these Terms and Conditions, should be sent to the address set out in clause 1.
BHTV's registered office is located at Old Pond House, Upper Dean, Huntingdon, Cambs, PE28 0ND UK its VAT number is 928 9998 33.