Terms and conditions for TV3's Online services

Definitions

Terms and Conditions: Means the terms and conditions of use and or access to TV3's Online services.

TV3: means TV3 television network Limited. The operator of the television channels TV3, 3e and be3 together with any high definition and time shifted versions thereof.

TV3's Online services: This refers to tv3.ie, 3player, any future TV3 app, smart tv services supplied by TV3 or future advances in technology which will give our viewers an ability to access, watch or read TV3's content wirelessly.

Cookies: A small text file deployed to a browser by a visited website or advertisement that can contain information such as login settings, user preferences, geographic and demographic information.

App: An application that is designed to run on various mobile devices, such as smartphones and tablets.

"you" and "user": means any and all natural persons, as well as persons operating any and all computers, machines etc accessing or using these TV3 online services or availing of any services available through TV3's Online services.

By using TV3's Online services you agree to be bound by these Terms.

1. Introduction

1.1 These Terms apply to the TV3's Online services and form part of the agreement between you and us, TV3. It is important that you read these Terms carefully. If you ever need up-to-date copies of these Terms, please ask us and we will give you a copy.

1.2 If you have any questions about these Terms, please contact info@tv3.ie.

1.3 Irish law applies and the Irish courts have non-exclusive jurisdiction over any disputes between us.

2. The service

2.1 To use TV3's Online services you may do so by accessing the TV3 website on a PC, App or smart TV. The services that are available to you may vary depending on the type of device you are using.

2.2 You are responsible for ensuring that your device is capable of operating online services or Apps (which we will update from time to time). We cannot guarantee that we will continue to support the operating system used by your device.

2.3 There may be times when our online services are unavailable for you to use due to maintenance, repairs or upgrades to our systems by any party used to provide our online services. We will aim to notify you in advance of any maintenance work but may not always be able to do so. Please contact us if you are unable to use the App or access our online services and we will do our best to help.

2.4 You may be given the opportunity to register via an online registration form to create a user account that may allow you to receive information from TV3. By registering you represent and warrant that all information that you provide is current, complete and accurate to the best of your knowledge. TV3 will use the information you provide in accordance with TV3's privacy policy and the data protection laws of Ireland.

3. Licence Terms

3.1 Licence to use TV3's Online services

3.1.1. When you download the TV3 App or access the online services we automatically give you a temporary non-transferable, non-exclusive right to use the online services provided that you agree to the following:

You can only use TV3's Online services for playing TV3 content and no other purpose;

The TV3 online content is solely for your personal entertainment use.

The right to use TV3's Online services are given only to you and you must not give any rights of use or any other rights in respect of the App to any other person:

You must not copy, reproduce, alter or modify or adapt TV3's Online services or Apps or any part of it;

You must not remove or tamper with any copyright notice attached to our online content or contained within the Apps and you agree that all ownership of the Apps and online content remains with TV3;

You may not broadcast, copy, download, frame, reproduce, republish, post, transmit, merge, edit, adapt, resell, re-use, produce summaries or otherwise use TV3's Online content in any way except for your own personal, non-commercial, non- business use.

If your right to use the Apps is terminated all rights given to you in respect of the App will end immediately.

The content is subject to territorial restrictions and access to the content will depend on where you are located geographically through the use of location based technology.

You are solely responsible for installing updates to any application that gives you access to TV3's Online services.

You acknowledge that you may not be able to access or use TV3's Online services download application unless you install relevant updates.

After you install updates you may no longer be able to access TV3's Online content previously downloaded and TV3 will have no liability to you if this occurs.

You can only use TV3's App on a registered device belonging to you or under your control.

You will need to register each additional or replacement device separately;

3.1.2 The Licence includes the right to use any future updates to the Apps or online services that we make available to you.

3.1.3 We are solely responsible for TV3's Online content. If you have any questions or complaints or need and assistance please contact info@tv3.ie

3.1.4 If any third party claims that TV3's Online services infringes their intellectual property rights, we will be solely responsible for dealing with the claim.

4. Duration and Termination of Licence

4.1 We will assume that you have accepted the terms of the Licence by accessing online content such as installing an App or watching footage on your device and the Licence will continue until you leave the site or cancel TV3 Player App and/or delete the App.

4.2 TV3 may revoke your right to use TV3's Online Services at any time at it's sole discretion.

5. TV3s online services

5.1 You shall not add to, delete or modify any audio, video, headlines, text, links, or other content contained in the 3Player; you shall not delete or modify the TV3 logos contained in the 3Player; your use or display of 3Player must not suggest that TV3 endorses you or any third party or the causes, ideas, sites, products or services of you or any third party;

5.2 You shall not use the 3Player in any way that changes or distorts the fundamental meaning of the content; or for inappropriate commercial purposes or in any way that is unlawful or harmful to any other person or entity;

5.3 You may not insert any intermediate page, splash page, pre-roll advertising or sponsorship messages, post-roll advertising or sponsorship messages, or other content between the links contained within the 3Player and TV3's Services and you shall not insert any advertising or sponsorship messages adjacent to the 3Player or in any way that's suggests that the advertisement or sponsorship supports or has been placed by TV3.

5.4 Any other use of TV3's marks, the 3Player, or of any content contained within the 3Player requires the prior written permission of TV3. For permission requests, please see our contact us page.

5.5 TV3 may cease offering the 3Player or withdraw any or all content from the 3Player at any time in its discretion.

6. Charges

6.1 We do not currently charge you for TV3's Online services. However your mobile phone network operator may charge you when using TV3's Online services such as 3player and these charges may vary if you use your mobile phone to access TV3 Player when abroad.

6.2 Please check your wireless plan, however, because carrier data use charges and other fees may apply.

6.3 You acknowledge that streaming media can result in high data usage and may lead to excess data charges.

6.4 You must provide at your own expense the equipment and connections needed for you to use TV3's Online services and you agree that you are solely responsible for any costs you incur to access TV3's Online services, including any excess data charges.

7 Third party online services

7.1 TV3 is not responsible for the availability or content of any third party online services or material accessed through TV3's Online services. TV3 does not exercise any control or supervision of content of these linked online services.

7.2 Third party online services linked through TV3's Online services are not covered by these terms and conditions and TV3 accepts no responsibility for them or for any loss or damage that may arise through your use of them.

7.3 TV3 does not endorse and shall not be held responsible for any content that advertises products, services or information on third partys' online services.

8. Children

8.1 Children should always get permission from their parents before sending any information about themselves (such as their names, email addresses, and phone numbers) via TV3's Online services to TV3 or to anyone else. TV3 Services are not directed at children under the age of 18 and TV3 does not knowingly allow anyone under the age of 18 to provide any personally-identifying information to TV3. If you are under 18, please do not attempt to register for any TV3's online services or provide any information about yourself.

8.2 You must be at least 18 years old in order to submit any user materials on or through TV3's Online services, register for TV3's Services, create a public profile, participate in any online contests. Visitors between the ages of 13 and 18 must obtain permission from their parents or guardians before registering for email newsletters or otherwise sending any personally-identifying information.

8.3 In Ireland under the Child Care Act 1991, the Children Act 2001 and the United Nations Convention on the Rights of the Child (pdf) a child is defined as anyone under the age of 18. Unless you are or were married, you cannot enter a legally binding contract until you are aged 18.

9. Advertisements and Promotions

9.1 TV3 may run advertisements and promotions from third parties on TV3's Online services. Your business dealings or correspondence with, or participation in promotions of, advertisers other than TV3 and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party.

9.2 TV3 is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the site.

10. Intellectual Property

10.1 All copyright, trademarks, database rights, design rights, patents and other intellectual property rights (registered and unregistered) in and on TV3's Online Services and TV3 content belong to TV3.

10.2 TV3 reserves all of its rights in TV3 content and TV3 online services. Nothing in the Terms grants you a right or licence to use any trade mark, design right or copyright owned or controlled by TV3 or any other third party except as expressly provided in the Terms.

10.3 So that TV3 can meet its obligations to third parties who own rights in TV3 content, TV3 may embed digital rights management security in TV3's Online services or TV3 content and/or use other content-protection measures. You may not adjust or circumvent or try to adjust or circumvent these technical measures.

11. General

11.1 If you do not agree to be legally bound by all the following terms and conditions you should not access TV3's Online services.

11.2 If TV3 have reasonable grounds to believe that you have breached these terms and conditions, TV3 Group may suspend, restrict or terminate your access to the App. TV3 may monitor your use of the APP to ensure that you have complied with these terms and conditions.

11.3 No clause, sub-clause or their relevant parts in these Terms and Conditions may be held to be unenforceable or void except for the judgment of a court in Ireland. Should any clause, sub-clause or part thereof be so held to be unenforceable or void, the remaining clauses, sub-clauses and their relevant parts shall remain in full force and effect to the extent that they are capable of remaining operative having taken account of the said court's judgment.

11.4 These terms and conditions, privacy statement and privacy policy contain the entire agreement between the parties and any previous agreement between the parties is terminated or superseded.

11.5 By using TV3's Online services you are consenting to these Terms together with TV3's privacy and cookies policy which can be found on our website and Apps.