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Terms

Welcome to www.digitaltheatre.com (the “Website”).

If you are an educational user, you must not use this Website, as our content licences don't allow viewing in schools or universities. Instead, please go to our sister organisation www.digitaltheatreplus.com, where you'll find a service tailored to your needs.

The Parties. In these Terms of Use (referred to herein as “Terms”), “Digital Theatre”, “we”, “us” and “our” refers to DigitalTheatre.com Limited operating in the UK and registered in England and Wales under company number 06570330, and all companies which are for the time being either a holding company, subsidiary or affiliate. The terms “subscriber”, “you” or “your” refer to you as an individual visitor or subscriber to our Website and other online services.

The Service. The term “Service” refers to our online video streaming service, offering subscribers the opportunity to view a selection of films, documentaries and other content (collectively, the “Content”), and includes our platform for viewing the Content (the “Platform”) as well as any other products, features, tools, materials, or other services offered from time to time through the Website, and/or applications, including where we make our applications available on third party platforms or services.

Excluded Service. We provide a separate service to educational institutions through our website https://www.digitaltheatreplus.com. This service is governed by independent licence agreements. The Services governed by these Terms are for personal and private use only and are not licenced for educational use.

Rental Service. When you rent Content (“Rented Content”), you may view such Rented Content an unlimited number of times for a period of forty-eight (48) hours from the time of purchase as noted in your confirmation email (“Viewing Period”). Pausing, stopping, or rewinding the Rented Content will not extend your Viewing Period. You may only watch Rented Content on one device at a time (either online or offline). To watch or download Rented Content on another device, you must remove it from the first device. Please note, your contract for the purchase and use of the Rented Content is completed when the Rented Content is made available to you, and you will be charged for the purchase at that time. You can cancel your purchase at any time up to the point at which the Rented Content becomes available to you. We will need to cancel your order if the Rented Content is withdrawn from our Service before it is made available to you, in which case, we shall promptly refund you any amounts paid by you.

Live Theatre Service. Digital Theatre may offer you the chance to view live theatre on a one-time pay per view basis (“Live Theatre Service”). You will be charged at the time of purchase for the Live Theatre Service.

Acceptance. Please read these Terms carefully. Your use of the Service is subject to these Terms. By using the Service, you signify your acceptance of these Terms. In clicking on the “Subscribe” button, or any button with similar functionality, you are entering into a legally binding agreement with us to purchase the Services. You may not use the Service if you do not accept these Terms.

Privacy Policy. We process information about you in accordance with our Privacy Policy. These Terms incorporate our Privacy Policy. By using our Services, and agreeing to these Terms, you consent to such processing and you warrant that all data provided by you is accurate.

Term. These Terms will become effective and binding when you voluntarily provide any information about yourself to us, register with us and/or use the Services. Your subscription will continue until cancelled in accordance with these Terms (see the “Cancellation” section).

Free Trials. On occasion, we may offer free trials. The duration of your free trial will be specified during registration. We reserve the right to determine eligibility for free trials, and we may limit eligibility or duration to prevent free trial abuse. We also reserve the right to revoke the free trial and put your account on hold if we determine that you are not eligible. Promotional offers and free trials cannot be combined. You will not receive a notice from us that your free trial has ended and that payment for your subscription is due. If you wish to avoid charges to your Payment Method, you must cancel your subscription prior to the end of the free trial period. You can cancel your subscription at any time (see the “Cancellation” section).

Billing. We charge a fee to access the Service which is inclusive of any applicable VAT or other taxes. The first payment is taken on the day you register, or if you have a free trial or other promotional offer, on the day your free trial or promotional offer period expires. Your “Billing Period” is the interval of time between each recurring billing date (for example, one month). You acknowledge that the timing of when you are billed and the amount you are billed each Billing Period may vary if the day your subscription began does not exist in the relevant month (for example, if you became a paying subscriber on 31 January, your Payment Method would next be billed on 28 February, 31 March, 30 April and so on), due to free trials, other promotional offers or changes in your subscription or Payment Method.

Automatic Renewal. Your subscription will continue and automatically renew on a recurring basis corresponding to the term of your subscription unless and until you cancel your subscription, or your account is otherwise suspended or terminated pursuant to these Terms. You can cancel your subscription at any time (see the “Cancellation” section).

Price Variations. We reserve the right to change the terms of your subscription, including price, from time to time, effective as of the beginning of your next Billing Period following the date of the change. We may also add, delete, or change some or all of the Service provided for free at any time. You will be notified of any such changes and given the option to continue to use or to terminate your account. You will be responsible for all charges for using these additional services if you choose to continue use.

Payment Method. Unless otherwise indicated, you will be required to provide a current, valid, accepted method of payment as may be updated from time to time (“Payment Method”). Unless you cancel your subscription before your billing date, you authorise us to charge your Payment Method a subscription fee for the next Billing Period, and any applicable taxes. You are solely responsible for any and all fees charged to your Payment Method. If you want to use a different Payment Method than the one you provided during registration, you may edit your Payment Method by logging into your account and selecting “Billing Details”.

Failed Payment. In the event of a failed attempt to charge your Payment Method (for example, if your Payment Method has expired), we reserve the right to retry billing your Payment Method. We may suspend or cancel your access to the Service if we remain unable to successfully charge a valid Payment Method. We also reserve the right to pursue any amounts you fail to pay in connection with your subscription including collection costs, bank overdraft fees, collection agency fees, reasonable legal fees and arbitration or court costs.

Subscriber Cancellation. You can cancel your subscription at any time by logging into your account and selecting “Billing Details” and then “Cancel Subscription”. You will continue to have access to the Service through the end of your current Billing Period. Payments are non-refundable. We do not provide refunds for any partial Billing Periods or unwatched Content. If you cancel your subscription your account will automatically close at the end of your Billing Period. If you cancel your subscription before the expiry of your free trial, you will not be charged. 

Cancellation by Us. You agree that we may cancel your subscription or use of our Service immediately, without prior written notice, if in our opinion you have failed to comply with any of the provisions of these Terms. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to our Service. If we cancel your subscription, any payment obligations incurred prior to such cancellation shall survive and in no event shall any refunds or credits be paid to you.

Ownership and Licence. We own and retain all rights to the Service. The Content is owned or controlled by us and our programmers. The Service and Content are also protected by copyright, trademark, and other intellectual property laws. During your subscription, we grant to you a non-exclusive, limited, non-transferable, non-sublicensable right to access the Service, including accessing and viewing the Content through the Platform for personal, non-commercial purposes as set forth in these Terms. The periods during which you can view each piece of Content will vary based on the rights availability of the Content and the terms of your subscription.

Account Access. You will need to register for your own account to use the Services (“account”) and you may be required to be logged into your account and have a valid Payment Method associated with it. You are responsible for making all arrangements necessary for you to have access to our Service. All registration information you submit must be accurate and updated.

Devices. To be able to view or download the Content using the Service you must have a compatible device and an active broadband internet connection or mobile network connection. It is your responsibility to ensure that your equipment, systems, and connectivity are suitable to enable you to access the Service before you decide to become a subscriber. We are not responsible in any way for your ability to view the Content and you are responsible for any costs, other charges or expenses charged by your internet service provider or network operator in relation to your use of the Service.

Passwords. Your password is confidential to you and you are responsible for keeping it secure. If you know or suspect your password has been compromised, you must change your password as soon as possible using the functionality provided with the Service. We will never ask you for your password in an email or when calling you by telephone. We will never invite you to log in to your account through a link in any email communication you receive from us. We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.

Modifications/Suspension/Discontinuation of Service. Access to our Service is permitted on a temporary basis. The availability of the Content and the devices through which the Services are provided will change from time to time. We reserve the right to modify, suspend or discontinue the Service, or any part of the Service without notice (except as required by applicable law), and we will not be liable to you should we exercise such rights, even if your ability to use the Content is impacted by the change.

Age Limitations. Our Service is not intended to be used by children under the age of eighteen (18) without the involvement and approval of a parent or guardian. We do not allow children under the age of eighteen (18) to subscribe to our Service or provide us with personal information. If you are under eighteen (18) years of age, please do not use this Service without your parent or guardian’s consent, including their consent to these Terms on your behalf. You must also comply with any additional age limitations that may apply for the use of specific Content. Please note that you must be at least eighteen (18) years of age in order to purchase certain services, for example, our Rented Content, Live Theatre Service or gift subscriptions.

General Restrictions. You agree that you will comply with our reasonable instructions regarding your use of the Service. You agree that you will not (and you will not allow any other person to) use the Service for any purpose which is commercial, unlawful or other improper. In particular, (except as expressly permitted by these Terms or otherwise by us), you will not by any means as a result of or in connection with your use of the Services:

We reserve the right to immediately terminate or restrict your account or your use of the Services at any time, without notice or liability, if we determine or reasonably believe in our sole discretion that you have breached these Terms, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason.

You agree to compensate us in respect of any damages suffered by us or any of our losses resulting from any claim made by a third-party in each case in respect of any matter arising from your use of the Service in breach of these Terms or from your violation of any applicable law or regulation.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Services or on any site linked to it.

Platform. You may not modify, enhance, remove, interfere with or otherwise alter in any way any portion of the Platform, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Platform.

Content Usage Rules. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content. You may not build a business utilising the Content, whether or not for profit. You may not unless expressly permitted by these Terms or otherwise by us (a) directly or through the use of any device, software, internet site, web-based service, or other means copy, record, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, or transmit or retransmit the Content (b) incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links (c) create, recreate, distribute or advertise an index of any significant portion of the Content. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills.

Content Subjectivity. You may come across Content that you find offensive, indecent, explicit or objectionable. Content types, genres, categories, and descriptions are provided for convenience and we do not guarantee their accuracy. You agree to use the Service at your sole risk, and we have no liability to you for any Content.

Content Quality. The quality of the display of the Content may be affected by a variety of factors such as your location, the speed and bandwidth of your internet service and the devices used. HD, Ultra HD and HDR availability is subject to your internet service and device capabilities. You are solely responsible for all internet access charges, including internet data usage charges. The time it takes to begin watching Content will vary based on a number of factors, including your location, available bandwidth at the time, the number of devices simultaneously connecting to the same network, the Content you have selected and the configuration of the device you are using. As a result, we are unable to make any warranties about the Content in these respects.

Software Downloads. If you access the Services using a device, you acknowledge that the use of the Service may require third-party software that is subject to third-party licences. The third-party that offers the device shall be a third-party beneficiary to these Terms but is not a party to these Terms.

Linking to our Website. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from a website that is not owned by you. Our Website must not be framed on any other website, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw the linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in the “Your Responsibilities” section. If you wish to make any use of Content on our Website other than as described in this section, please address your request to consumer.support@digitaltheatre.com .

Links from our Website. Where our Website contains links to other websites, resources and/or applications provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

Disclaimer of Warranties. Your use of this Service is at your own risk. This Service, the Content, information, software, facilities, and other content in this Service are provided “as is” and “as available” without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of fitness for a particular purpose and non-infringement. We do not warrant that the functions contained in this Service will be available, uninterrupted or error-free, that defects will be corrected or that the Platform or Website or the services that make them available are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the Content, information, software, facilities, services and other content in this Service or any websites linked to this Service in terms of their accuracy, reliability, or otherwise. We make no warranties that your use of the Content, information, software, facilities, service or other content in this Service will not infringe the rights of others and assumes no responsibility for errors or omissions in such Content, information, software, facilities, service or other content of this Service. If the applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you, the above exclusions will apply to you only to the extent permitted by applicable law.

Limitation of Liability. We do not accept any liability for any loss or damage (direct, indirect, punitive, actual, consequential, incidental, special, exemplary or otherwise) resulting from any use of, or inability to use, this Service or the Content, information, software, facilities, services or other content on this Service, regardless of the basis upon which liability is claimed and even if we have been advised of the possibility of such loss or damage. Without limitation, you assume the entire cost of all necessary servicing, repair or correction in the event of any such loss or damage arising. If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law. Nothing in this legal notice shall exclude or limit our liability for death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977) or fraud or misrepresentation as to a fundamental matter or any liability which cannot be excluded or limited under applicable law.

Indemnity. You agree to indemnify and hold harmless Digital Theatre, its directors, officers, shareholders, parents, subsidiaries, affiliates, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from any and all use of your account in violation of these Terms or the failure to fulfil any obligations relating to your account incurred by you or any other person using your account.

Limitation on time to bring a claim. To help resolve issues between us promptly, you and Digital Theatre agree to the extent permitted by applicable law, to bring any claim arising out of or relating in any way to these Terms (including our Privacy Policy), our relationship, or the use of the Services within one (1) year after a claim arises, otherwise the claim is waived.

Governing Law. These Terms shall be governed by and construed in accordance with English Law. The English Courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to or use of our Platform or Website although we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country.

Geographic Variability. You may view the Content primarily within the country in which you have established your account. If you choose to access the Service from other locations, you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United Kingdom or the country you reside in. 

Entire Agreement. These Terms and any terms, policies or documents referred to herein, constitute the entire agreement between you and Digital Theatre and supersede any and all prior understandings relative to the Service and your use of the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software and/or applications.
 
No partnership. The parties are independent contractors, and no agency, partnership, joint venture, employee/employer or franchisee/franchisee relationship is intended or created by these Terms.
 
No Waiver. Any failure of Digital Theatre to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver by Digital Theatre of any provision of these Terms will be of any force or effect unless made in writing and signed by an authorised officer of Digital Theatre.
 
No Assignment. We may assign our rights and obligations under these Terms, in whole or in part, to any party at any time without notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Digital Theatre.

Unsolicited Materials. We do not accept unsolicited materials, including scripts, story lines, articles, fan fiction, drawings, suggestions, ideas or concepts. Our policy is to delete any materials without reading them. We are therefore not responsible for the similarity in any elements of the Content and any unsolicited materials.

Survival. If any provision of these Terms shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect. The section titles in these Terms are inserted only as a matter of convenience and have no legal or contractual effect.

Force Majeure. We shall not have any liability to you by reason of any delay or failure to perform any obligation hereunder if the delay or failure to person is occasioned by force majeure, which shall refer to any act of God, storm, fire casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labour dispute, civil disturbance, riot, war, national emergency, Governmental action, or other cause beyond its control.

Variations to Terms. We may at any time revise these Terms. For example, we may need to reflect updates in how the Services work or changes in the law. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you. If we make material changes to these Terms, we will notify you by posting a notice on the Website. If you are a subscriber, we will also send an email to the email address you most recently provided to us prior to the material change taking effect. The material change will be effective automatically thirty (30) days after the revised Terms are first posted.

Communications. Applicable laws require that some of the information or communications we send to you should be in writing. When using our Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Website. You agree to this electronic means of communication and acknowledge that all contacts, notices, agreements, information and other communications that we provide to you electronically comply with any applicable legal notification requirements.

Contact Us. If you have any concerns about the Content on our Platform or Website, you have any technical issues or need assistance with your account, or for more information about our Services, you should contact us at https://digitaltheatreconsumer.zendesk.com/hc/en-gb/requests/new.


Digital Theatre Gift Subscription

Terms and Conditions 

By purchasing or redeeming a Digital Theatre gift subscription, you agree to these terms and conditions (the “Gift Terms”).

Unless capitalised herein, all defined terms shall have the same meaning as those set forth in our Terms of Use.

Digital Theatre. Gift subscriptions are issued by Digital Theatre.com Limited operating in the UK and registered in England and Wales under company number 06570330. 

Purchase. Digital Theatre gift subscriptions, constitute a prepaid credit towards eligible services offered by us, which can be purchased online by visiting our Gift subscriptions webpage and selecting the offer. Gift subscriptions may be offered in various denominations (for example, six (6) months or twelve (12) months). Please note that after a gift subscription is purchased, its value cannot be increased. Gift subscriptions are valid worldwide.

Eligible Services. A Redeemer will receive an account credit equal to the value of the gift subscription. Unless otherwise specified, the credit may be applied only toward access to https://www.digitaltheatre.com and eligible services (the “Eligible Services”). Eligible Services currently exclude Rental Services, Live/As-Live Event Theatre Services and our service for educational institutions accessed through our website Digital Theatre Plus. Eligible Services are subject to change at our sole discretion. In the event a Redeemer chooses to purchase a service other than the Eligible Services, a credit card or other payment method accepted by us (a “Payment Method”) will be required to complete the account creation.

Delivery. The redeemer of a gift subscription (the “Redeemer”) must be eighteen (18) years of age or older and create a new Digital Theatre account using a valid email address. We will contact the Redeemer using the email address associated with the account to deliver the redemption code and the redemption instructions. You agree that the gift subscription will be sent to the Redeemer at the email address you provided, and you represent and warrant that such contact information is accurate, up to date and does not infringe any third-party rights.

Redemption. Gift subscriptions can be redeemed by following the redemption instructions in the Redeemer’s email.

Terms of Use and Privacy Policy. Your use of the Eligible Services is subject to the compliance with our Terms of Use and our Privacy Policy.  By accessing or using the Eligible Services you accept and agree to the Terms of Use and Privacy Policy, incorporated by reference.  

Payment. The Redeemers account will be debited the price of the Eligible Services in addition to any applicable taxes and fees starting on the day the gift subscription is redeemed. If the gift subscription is insufficient to cover the cost of the full subscription billing term, the Redeemer will receive access to the Eligible Services for as long as the gift subscription balance lasts. At that point, the Redeemer’s access to the Eligible Service will be terminated. For whatever reason, if the gift subscription is more than sufficient to cover the cost of the full subscription billing term, the Redeemer will receive a credit to their account. This credit (only) can be used as part payment of a new subscription or towards a service other than the Eligible Services (for example, Rental Services or Live/As-Live Event Theatre Services). 

New Subscription. A Redeemer does not need to take any action to end a gift subscription. We will contact the Redeemer using the email address associated with the account to give notice of the expiry of the gift subscription. If the Redeemer wishes to continue to access the Eligible Services following expiry of the gift subscription, the Redeemer will be required to purchase a new subscription using an acceptable Payment Method. 

Non-refundable and Non-transferable. Gift subscriptions are non-refundable or redeemable for cash, either prior or after redemption, unless otherwise required by applicable law. Gift subscription redemption codes are for one-time use only, and may be given by you to, and redeemed by, only one Redeemer. Once a gift subscription is redeemed, the Redeemer may not transfer or assign access to the Eligible Services to another person or another account.

Re-sale. Gift subscriptions cannot be resold. Any redemption code that has been resold is subject to invalidations at our discretion. 

Expiration. Unless otherwise specified, a gift subscription must be redeemed within twelve (12) months. However, once a gift subscription has been redeemed, it shall only continue for the period of time specified in the Redeemer’s email (for example, six (6) months or twelve (12) months). No inactivity or service fees apply to any gift subscription.

Risk of Loss. Please keep your gift subscription and redemption code in a safe location. Upon our electronic transmission of the gift subscription to you or your designated recipient, the risk of loss and title for your gift subscription passes to you. We are not responsible for lost or stolen gift subscriptions or redemption codes.

Fraudulently obtained subscriptions. Any gift subscription that we believe in our sole discretion has been purchased or obtained fraudulently or through illegal means will be subject to invalidation without refund. 

Withdrawal rights. You have the right to change your mind and withdraw from your purchase for a gift subscription within fourteen (14) days after the day that we email you confirming your acceptance of your order. However, once we have delivered the gift subscription to your selected Redeemer, you cannot change your mind and withdraw your purchase, even if the fourteen (14) day period is still running. For a valid withdrawal, we will refund you the price you paid for the gift subscription, by the method you used for payment, and within fourteen (14) days of you informing us that you have changed your mind. To exercise your right of withdrawal, you must notify us by email to: consumer.support@digitaltheatre.com with a clear statement of your decision to withdraw from your purchase.

Limited Liability. TO THE EXTENT PERMITTED BY LAW, DIGITAL THEATRE DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO YOUR GIFT SUBSCRIPTION. IN NO EVENT SHALL DIGITAL THEATRE OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT PROGRAMMERS), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR PURCHASE OR USE OF A GIFT SUBSCRIPTION. IF YOU RESIDE IN THE US, CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.

Governing Law. The laws of England and Wales, without regard to principles of conflict of laws, shall govern these Gift Terms and the Redeemers use of the gift subscription. 

Changes. We reserve the right to amend, modify or waive these Gift Terms from time to time in our sole discretion. 

Contact Us. If you have any questions about your gift subscription, please open a support ticket at: https://digitaltheatreconsumer.zendesk.com/hc/en-gb/requests/new