Updated: August 22, 2023
We welcome you! It is our pleasure to provide the NHK World Premium service described below for your personal enjoyment and entertainment in accordance with this Subscriber Agreement (herein, the “Agreement”). PLEASE READ THIS AGREEMENT CAREFULLY BECAUSE IT GOVERNS ELIGIBILITY FOR AND USE OF THE SERVICES.
NHK World Premium service operated by Global Distribution Services UK branch LTD located at 71-75, Shelton Street, Covent Garden, London,WC2H 9JQ, UNITED KINGDOM (“GDS”) is referred to in this Agreement as “we”, “us” and “our”. The “Services” include the NHK World Freeview application and the website.
Use of the Services is subject to compliance with this Agreement. By accessing or using the Services you accept and agree to this Agreement. For clarity, it may be necessary to agree to additional terms and conditions to continue use of the Services.Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into this Agreement. If you do not agree to this Agreement, you may not use the Services.
We may amend thisAgreement. Any such amendment will be effective thirty (30) days following either our dispatch of a notice to you or our posting of the amendment on theServices. If you do not agree to any change to this Agreement, you must discontinue using the Services. Our customer service representatives are not authorised to modify any provision of this Agreement, either verbally or in writing.
ANY DISPUTE BETWEEN YOUAND US, EXCEPT FOR SMALL CLAIMS, IS SUBJECT TO A CLASS ACTION WAIVER AND MUSTBE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THIS AGREEMENT AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.
1. USER ELIGIBILITY AND REGISTRATION
a. Eligibility and Age Limitations. Only residents of the United Kingdom are eligible to register for a NHK World Premium account. If you are under the age of 13, you are not permitted to register for a NHK World Premium account. If you are at least 13 and under 18 years of age (or under the applicable age of majority in your state or territory of residence), you may register for a NHKWorld Premium account, but only if you have the consent of your parent or guardian, including consent to this Agreement on your behalf, and for clarity, you may only modify an account with the consent of your parent or guardian. Please note that age requirements for purchase of and access to certain Services may vary. The Services are provided to individuals for their personal, noncommercial use only. Companies, commercial establishments, associations and other groups may not register for a NHK World Premium account or use theServices.
b. Registration and Access. Only individuals that have registered for a NHK World Premium account, provide certain in formation (e.g., a valid email address), and agree to this Agreement are eligible to use the relevant Services. You are solely responsible for maintaining the confidentiality and security of your username and password and for all activities that occur on or through your account. However, if you allow others to access your account, this Agreement, as well any specific consents you may have provided to us, also applies to their access, use, and disclosure of information. You agree to immediately notify us of any unauthorised access to your account. We will not be responsible for any losses arising from the unauthorised use of your account.
c. Notices. Any notices we deliver to you may be made as follows: (i) by email to the last email address provided by you or (ii) by posting a notice on the Services. For clarity, you consent to receive electronic communications from the Services you subscribe to and further agree that any notices, agreements, disclosures, and other communications that we send to you electronically will satisfy any applicable legal notification requirements. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide.
2. SUBSCRIPTION TERMS
a. Service Tier and Other Offerings. When purchasing your subscription to the Services, you may be presented with different plans or options (each a “Service Tier”). Different Service Tiers or other offerings which may be subject to differences in pricing, usage rules, eligibility, restrictions, features, and device availability.
b. Subscription Billing and Auto-Renewal. Your subscription to the Services includes enrolment into an ongoing/recurring payment plan. Your subscription will automatically renew at the end of the disclosed billing period, unless cancelled in accordance with the instructions for cancellation below. Payment will be charged to your chosen payment method at confirmation of purchase and at the start of every new billing period, unless cancelled. When you provide a payment method, we will attempt to verify the information you entered by processing an authorisation hold. We do not charge you in connection with this authorisation hold, but your available balance or credit limit may be reduced. Your “billing period” is the interval of time between each recurring billing date and corresponds to the term of your subscription. For purposes of this Agreement, a “day” or “date” begins at 12:00 a.m. and ends at 11:59 p.m. of that same calendar day. Where applicable, charges for one or more Services may be prorated for any partial month of service.To see your next recurring billing date, log in to your account and view your account details. You acknowledge that the timing of when you are billed may vary, including if your subscription began on a day not contained in a given month (e.g. if you have a monthly subscription and became a paying subscriber on January 31, your payment method would be billed next on February 28), due to free trials and other promotional offers, gift card redemptions, credits applied, or changes in your subscription or payment method. We may also offer you the ability to pause your subscription for a specified period of time. If you do not cancel before the end of the pause period, billing will resume automatically. We reserve the right to change our pricing. In the event of a price change, we will attempt to notify you in advance of the change by sending an email to the email address you have registered for your account. If you do not wish to accept a price change, you may cancel your subscription in accordance with the instructions included in that email and below. If you do not timely cancel your subscription, your subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method for these amounts. We will not be able to notify you of any changes in applicable taxes. You are responsible for all third-party Internet access charges and taxes in connection with your use of the Services. Please check with your Internet provider for information on possible Internet data usage charges.
c. Free Trials and Promotions. Your subscription to the Services may begin with a free trial. Availability of a free trial is not guaranteed and, if one is available, is only available on the specified terms of the free trial. Eligibility for free trials may vary based on factors including the Service Tier selected, how recently you redeemed a free trial, and whether the Service Tier is part of a combined offering. Certain limitations may also exist with respect to combining free trials with any other offers. Your first payment will be charged to your chosen payment method immediately following the free trial, unless cancelled in accordance with the instructions for cancellation below. You can cancel your subscription at any time before the end of your free trial. We provide notice of the terms of the free trial at the time you register and you will not receive a separate notice that your free trial is about to end or has ended, or that your paid subscription has begun, unless required by law in particular jurisdictions or instances. We may also offer, in our sole discretion, promotions (e.g., a promotional price, bundled subscription, device-specific offer or gift card)subject to promotional terms disclosed during your sign-up or in other materials provided to you. We will begin billing the same payment method we otherwise have on-file for your subscription at the then-current, non-promotional price after your promotion ends unless you cancel prior to the end of your promotion or unless otherwise disclosed.
d. Cancellation and Refund Policy. You can cancel your subscription at any time before the end of the current billing period, free trial or promotion. Cancellation will take effect at the end of the current billing period unless otherwise disclosed. If you cancel, you will continue to have access to the Service through the end of your current billing period, unless you are subscribed through a free trial, promotional code or other credit, in which case cancellation may be effective immediately. You must cancel your subscription prior to 11:59 p.m. on the day before your next recurring billing date in order to avoid being charged for the next billing period. We do not refund or credit for partially used billing periods, although we may provide such refunds or credits on a case-by-case basis in our sole and absolute discretion. If you cancel you will forfeit any service, referral, or redeemed gift card credits. To cancel your subscription to the Services, log into your account and follow the instructions on your account page.
e. Payment Details. We will keep your detailed payment information, such as credit card number and expiry date, on file. You are responsible for keeping your payment details up-to-date by changing the details in your account settings. Where your details change or are due to expire, we may obtain or receive from your payment provider updated payment details including your card number, expiry date and 0/V (or equivalent). This enables us to continue to provide you access to the Services.You authorise us to continue to charge your card using the updated information.In the event of a failed attempt to charge to your payment method (e.g. if your payment method has expired), we reserve the right to retry billing your payment method. If a payment is not successfully authorised due to expiration, insufficient funds, or otherwise, we may suspend or terminate your subscription. You will remain responsible for any amounts you fail to pay in connection with your subscription, including collection costs, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs. You also agree that we may charge your payment method on file if you decide to restart your subscription.
3. COPYRIGHT LICENSE GRANT AND RESTRICTIONS
a. License. Within the United Kingdom and subject to the terms and conditions in this Agreement, we grant you a limited, personal use, non-transferable, non-assignable, revocable, non-exclusive and non-sub-licensable right to do the following:
This is a license agreement and not an agreement for sale or assignment of any rights in theContent or the Services. The purchase of a license to stream any Content does not create an ownership interest in such Content. Such Content, including the copyrights, trademarks, service marks, trade names, trade dress and other intellectual property rights in the Content.
b. Restrictions on Your Use of the Content. You agree that as a condition of your license, you may not and agree not to:
c. Restrictions on YourUse of the Services. You agree that as a condition of your license, you may not and agree not to:
d. Violations. Any attempt to perform any of the restrictions listed in Sections 3(b) and 3(c) above is a violation of the rights of NHK World Premium and the copyright holder.
4. USAGE TERMS
a. Compatible Devices. Use of the Services requires compatible devices, and certain software may require periodic updates, and your use of the Services may be affected by the performance of these elements. You can access the Content with almost any Internet-connected TV set purchased in the UK connected to the aerial “Compatible Device”).
b. Internet Connection. You must have a high speed Internet connection in order to access and use certain aspects of the Services.
c. Streaming Content. The Content can be streamed through the Services over an active Internet connection. The number of concurrent streams available for use may be subject to limitations by ServiceTier, and such limitations may change from time to time at our discretion and may require device and account verification. Please visit our FAQ for more information on the number of concurrent streams permitted based on yourService Tier.
d. Content Availability. The Services are not available to subscribers outside of the United Kingdom, and the content that we make available may be limited by law or by the rights that certain of our third-party content providers grant to us. The periods during which you can view each piece of Content will vary based on the rights availability of suchContent and the terms of your subscription. Access to the Services from locations where we do not have rights, that are not offered on your ServiceTier, or where we do not make the Services available is prohibited. Certain live Content, including sporting events, may be unavailable due to your location, blackouts, or device-specific restrictions set by sports leagues and other parties that control Content rights.
e. Future Unavailability. It is possible that the Services and/or some or all Content may not be available for streaming at any given time including (i) during any maintenance or update periods; (ii) any power or server outages; (iii) as a result of war, riots, strikes, social unrest; or (iv) as a result of other matters beyond the control of us or third parties. We will take reasonable efforts to provide you with as much prior notice as possible; however, we shall have no liability to you in such event.There may be times when we have to remove certain features or functionality and/or devices or platforms from being able to access the Services. We will do our best to let you know of any of these changes, usage rules and restrictions, but you acknowledge that we may do so in our sole discretion at any time without notice. You also agree that we will not be liable to you for any modification, suspension or discontinuance of the Services, although if you area subscriber and we suspend or discontinue your subscription to the Services, we may, in our sole discretion, provide you with a credit, refund, discount or other form of consideration. However, if we terminate your account or suspend or discontinue your access to the Services due to your violation of thisAgreement, then you will not be eligible for any such credit, refund, discount or other consideration.
f. Promotional and Experimental Features. In our continued assessment of the Services, we may from time to time, with respect to any or all of our users, experiment or otherwise offer certain features or other elements of the Services, including promotions, features, advertisements, user interfaces, plans and pricing. You acknowledge that these are implemented in our sole discretion, may be subject to additional terms, and may not apply to every subscriber.
5. USE AND SHARING OF CERTAIN INFORMATION
For more information about our collection, use, and sharing of your information, please refer to ourPrivacy Policy, which is incorporated herein by reference.
We reserve the right to, and you agree that we may, release your details to system administrators at other sites and to law enforcement agencies in order to assist them in resolving security incidents and violations of law.
6. SUSPENSION AND TERMINATION
You agree that we may, in our sole discretion and without notice or liability to you, restrict, suspend, or terminate your access to part or all of the Services, and to any Content if we believe you are using or have used the Services in violation of thisAgreement or applicable law or regulations or in any manner other than for their intended purpose and in accordance with all other guidelines and requirements applicable thereto. Without limiting the foregoing, we may restrict or suspend your access to your account for cause, which cause includes but is not limited to (a) requests from law enforcement or other government authorities, (b) unexpected technical issues or problems, or (c) if we reasonably believe that your account has been created fraudulently, your account has been accessed fraudulently, or anyone uses your account to commit fraud or for any purpose other than its intended purpose and in accordance with all of the requirements applicable thereto. We also reserve the right, but are not required, to terminate any account that remains inactive for an extended period of time.
You agree that we will not be liable to you or to any third party for any such restriction, suspension, or termination of your access to your account or the Content.
We also reserve the right to take appropriate legal action against you for violating intellectual property rights, fraud, or similar grounds for termination.
Our decision to delay exercising or enforcing any right or remedy under this Agreement will not constitute a waiver of such right or remedy with respect to any party.
UPON TERMINATION OF YOUR ACCOUNT, WHETHER TERMINATED BASED ON OUR DETERMINATION OR AT YOUR REQUEST(OTHER THAN A CANCELLATION OF YOUR SUBSCRIPTION, IN WHICH CASE YOUR SUBSCRIPTION WILL CONTINUE TO THE END OF THE BILLING PERIOD), YOU WILL LOSE THE RIGHT TO ACCESS STREAMED OR DOWNLOADED CONTENT THROUGH THE SERVICES.
7. BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS PROVISION CAREFULLY, AS IT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT.
There may be instances in which disputes arise between you and GDS. YOU AND GDS AGREE THAT PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS.
Neither you nor GDS will seek to have a dispute heard as a class action or private attorney general action or in any other proceeding in which either party acts or proposes to act in are presentative capacity. You and we agree not to, and expressly waive any right to, file a class action or seek relief on a class basis. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings.
You and GDS agree to arbitrate, as provided below, all disputes between you and us that are not resolved informally, except disputes relating to the ownership or enforcement of intellectual property rights. “Dispute” includes any dispute, action, or other controversy, whether based on past, present, or future events, between you and us concerning the Services or this Agreement, whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis. You and GDS empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or the formation of this contract, including, without limitation the arbitrability of any dispute, and any claim that all or any part of this Agreement are void or voidable.
a. In the event of a dispute, you and GDS agree to attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve a Dispute informally. The claiming party must send to the other party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, detailed factual information sufficient to evaluate the merits of the claiming party’s individualised claim, and the specific relief sought, including whatever amount of money is demanded and the means by which the demanding party calculated the claimed damages. You must send any notice of dispute to 71-75, Shelton Street, Covent Garden, London,WC2H 9JQ, UNITED KINGDOM
We will send any notice of dispute to you at the contact information we have for you.
b. You and GDSwill attempt to resolve a dispute through informal negotiation within sixty (60) days beginning from the date the notice of dispute is sent. This informal negotiation requires an individual meet–and-confer in person, telephonically, or via video conference that addresses only the dispute between you and us. If you are represented by counsel, your counsel may participate in the conference, but you will also need to individually participate. GDS will participate in the conference through one or more representatives, which may include our counsel. After the end of the sixty (60)day informal negotiation period and not before, and only after the completion of the dispute resolution conference with respect to a claim, you or we may commence an arbitration proceeding regarding that claim. Alternatively, you may litigate a dispute in small claims court immediately if the dispute meets the requirements to be heard in small claims court and you proceed only on an individual basis, whether or not you first negotiated informally or completed a dispute resolution conference. However, nothing in this paragraph is intended to prohibit the parties from engaging in informal communications to resolve the initiating party’s claims before, during, or after any dispute resolution conference or filing in small claims court.
c. If you, on one hand, and GDS, on the other, do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be resolved by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the laws of England.
8. ADDITIONAL PROVISIONS
a. We aspire for theServices to provide exceptional sources of entertainment for you and yourfamily. You understand and agree that the Content you receive through theServices is intended for informational and entertainment purposes only; it does not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes.
b. Content Subjectivity. We strive to provide a variety of Content for our diverse group of users to enjoy.The Content tends to elicit varying reactions among different people. You may come across Content that you find offensive, indecent, explicit or objectionable. Also, content ratings, types, genres, categories, and/or descriptions are provided as suggestions to help with navigation and for informational purposes. We do not guarantee that you will agree with them. You acknowledge these risks and your responsibility for making your own choices regarding whatContent is appropriate for your family.
c. Photo-sensitivities. The Content may contain some flashing lights sequences or patterns which may affect users who are susceptible to photosensitive epilepsy or other photo-sensitivities. Additionally, 4K UHD content versions enable greater brightness and colour saturation, which may also affect users.
d. Content Quality. We use various technologies to provide you with an optimal viewing experience. That said, the playback quality of Content, including resolution, may be affected by the format of the Content, your location, the speed, bandwidth and specific terms of your Internet service, and the devices and/or equipment used, among other factors. The time it takes you to begin viewing Content will vary based on a number of factors, including your location, Internet bandwidth, 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.
e. Third-Party Services and Content. TheServices may integrate, be integrated into, or be provided in connection with third-party services and content. We do not control those third-party services and content. You should read the terms of use, agreements and privacy policies that apply to such third-party services and content. If you access the Services using a third-party service or device (for example, an Apple iOS, Android orMicrosoft Windows-powered device) then Apple Inc., Google, Inc. or MicrosoftCorporation, respectively, or another such company that offers a third-party service or device, shall be a third-party beneficiary to this contract. However, these third-party beneficiaries are not parties to this contract. You agree that your access to the Services using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.
f. Mobile Networks. When you access theServices through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using the Services may be prohibited or restricted by your network provider and the Services may not work with your network provider or device.
g. Export Controls. Software and the transmission of applicable technical data, if any, in connection with theServices, are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United Kingdom or the country in which you reside.
h. Submissions and Unsolicited Ideas Policies. Our policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. In connection with anything you submit to us, whether or not solicited by us, you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type. We do not claim ownership over any ideas, suggestions, or other materials submitted; however, as to such materials, you grant us a non-exclusive, sub-licensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, display, create derivative works, or otherwise exploit them for any purpose without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
i. General Contact Information. For any matters where specific contact procedures are not provided for elsewhere in this Agreement, you may contact GDS by sending an email to support@nhk-world-premium.uk
j. DISCLAIMERS OF WARRANTY; LIABILITY LIMITATION. YOU ACKNOWLEDGE AND AGREE TO THE ESSENTIAL CONDITION THAT THE CONTENT AS WELL AS THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, GLOBAL DISTRIBUTION SERVICES AND ITS AFFILIATES, LICENSORS, AGENTS, AND SERVICE PROVIDERS EACH EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY. INCLUDING BUT NOT LIMITED TO,WARRANTIES OR CONDITIONS OF MERCHANTABILITY. FITNESS FOR A PARTICULAR PURPOSE,ACCURACY. COMPLETENESS, AVAILABILITY. SECURITY. COMPATIBILITY. SATISFACTORY QUALITY AND NON-INFRINGEMENT. AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. YOU ALSO ACKNOWLEDGE AND AGREE THAT THE GLOBAL DISTRIBUTION SERVICES PARTIES DO NOT WARRANT THAT THE CONTENT OR THE SERVICES WILL BE WITHOUT ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. THE GLOBAL DISTRIBUTION SERVICES PARTIES DO NOT WARRANT OR OTHERWISE STATE THAT THE CONTENT OR THE SERVICES WILL MEET YOUR REQUIREMENTS.YOU AND NOT THE GLOBAL DISTRIBUTION SERVICES PARTIES ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OCCASIONED BY USE OF THE CONTENT AND THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL THE GLOBAL DISTRIBUTION SERVICES PARTIES BE LIABLE FOR ANY PERSONAL INJURY. OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS AND PROPERTY DAMAGE,EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OF OR INABILITY TO USE THE CONTENT OR THE SERVICES, HOWEVER CAUSED. NOR SHALL GLOBAL DISTRIBUTION SERVICES PARTIES BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND THEIR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE THOUSAND GBP (£1,000). THE LIABILITY LIMITATIONS IN THIS SECTION APPLY UNDER ANY LEGAL THEORY (TORT, CONTRACT, BREACH OF WARRANTY. STRICT LIABILITY OR OTHERWISE) EVEN IF THE GLOBAL DISTRIBUTION SERVICES PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DONOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY. THE ABOVE LIMITATION MAYNOT APPLY TO YOU.
k. Choice of Law. This Agreement is governed by and construed in accordance with the laws of England, without giving effect to any conflict of law principles.
l. Severability. If any provision of thisAgreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
m. Survival. The provisions of thisAgreement which by their nature should survive the termination of thisAgreement shall survive such termination.
n. Entire Agreement. This Agreement and the provisions referenced herein, along with any agreements or policies that are incorporated herein by reference, constitute the entire agreement between you and us pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.