Terms and Conditions

Terms of Service

1. Your relationship with TekkersTV

1.1 Your use of the TekkersTV website (the "Website") and any TekkersTV and third-party products and websites, channels, software, data feeds and services, including the TekkersTV and TekkersTV embeddable video player (the "TekkersTV or TekkersTV Player") provided to you on or from or through the Website by TekkersTV (collectively the "Service") is subject to the terms of a legal agreement between you and TekkersTV. "TekkersTV" means TekkersTV Limited, whose principal place of business is at Corydon, United Kingdom.

1.2 Your legal agreement with TekkersTV is made up of (A) the terms and conditions set out in this document, (B) TekkersTV's Privacy Policy (http://www.TekkersTV.co.uk/privacy) and (C) TekkersTV's Community Guidelines (http://www.TekkersTV.co.uk/guidelines) (collectively called the "Terms").

1.3 The Terms form a legally binding agreement between you and TekkersTV in relation to your use of the Service. It is important that you take the time to read them carefully.

1.4 The Terms apply to all users of the Service, including users who are also contributors of Content, on the Service. "Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through or contribute to the Service.

2. Accepting the Terms

2.1 In order to use the Service, you must firstly agree to the Terms. You may not use the Service if you do not accept the Terms.

2.2 You can accept the Terms by simply using the Service. You understand and agree that TekkersTV will treat your use of the Service as acceptance of the Terms from that point onwards.

2.3 You may not use the Service and may not accept the Terms if (a) you are not of legal age to form a binding contract with TekkersTV, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Service under the laws of the country in which you are resident or from which you access or use the Service.

2.4 You should print off or save a local copy of the Terms for your records.

3. Changes to the Terms

TekkersTV reserves the right to make changes the Terms from time to time, for example to address changes to the law or regulatory changes or changes to functionality offered through the Service. Therefore you must look at the Terms regularly to check for such changes. The modified version of the Terms (the "Modified Terms") will be posted at http://www.TekkersTV.co.uk/terms or made available within the Service (for any modified additional terms). If you do not agree to the Modified Terms you must stop using the Service. Your continued use of the Service after the date the Modified Terms are posted will constitute your acceptance of the Modified Terms.

4. TekkersTV accounts

4.1 In order to access some features of the Website or other elements of the Service, you will have to create a TekkersTV account. When creating your account, you must provide accurate and complete information. It is important that you must keep your TekkersTV account password secure and confidential.

4.2 You must notify TekkersTV immediately of any breach of security or unauthorised use of your TekkersTV account that you become aware of.

4.3 You agree that you will be solely responsible (to TekkersTV, and to others) for all activity that occurs under your TekkersTV account.

5. General restrictions on use

5.1 TekkersTV hereby grants you permission to access and use the Service, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:

A. you agree not to distribute any part of or parts of the Website or the Service, including but not limited to any Content, in any medium without TekkersTV's prior written authorisation, unless TekkersTV makes available the means for such distribution through functionality offered by the Service (such as the TekkersTV Player);

B. you agree not to alter or modify any part of the Website or any of the Service (including but not limited to the TekkersTV Player and its related technologies); C. you agree not to access Content through any technology or means other than the video playback pages of the Website itself, the TekkersTV Player, or such other means as TekkersTV may explicitly designate for this purpose;

D. you agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Service or features that (i) prevent or restrict use or copying of Content or (ii) enforce limitations on use of the Service or the content accessible via the Service;

E. you agree not to use the Service (including the TekkersTV Player) for any of the following commercial uses unless you obtain TekkersTV's prior written approval:

i. the sale of access to the Service

ii. the sale of advertising, sponsorships or promotions placed on or within the Service, or Content;

iii. the sale of advertising, sponsorships or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service unless other material not obtained from TekkersTV appears on the same page and is of sufficient value to be the basis for such sales

F. prohibited commercial uses shall not include (i) uploading an original video to TekkersTV, (ii) maintaining an original channel on the Website in order to promote a business or artistic enterprise, (iii) showing TekkersTV videos through the TekkersTV Player or otherwise on an ad-enabled blog or website, subject to those advertising restrictions set out in 5.1(E)(iii) above; and (iv) any use that is expressly authorised by TekkersTV in writing;

G. if you use the TekkersTV Player on your website may not modify, build upon or block any portion or functionality of the TekkersTV Player including but not limited to links back to the Website;

H. you agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Service in a manner that sends more request messages to the TekkersTV servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser;

I. you agree not to collect or harvest any personal data of any user of the Website or any Service (and agree that this shall be deemed to include TekkersTV account names);

J. you agree not to use the Website or the Services (including the comments and email features in the Website) for the solicitation of business in the course of trade or in connection with a commercial enterprise;

K. you agree not to solicit, for commercial purposes, any users of the Website with respect to their Content; and

L. you agree not to access Content or any reason other than your personal, non-commercial use solely as intended through and permitted by the normal functionality of the Service, and solely for Streaming. "Streaming" means a contemporaneous digital transmission of the material by TekkersTV via the Internet to a user operated Internet enabled device in such a manner that the data is intended for real-time viewing and not intended to be downloaded (either permanently or temporarily), copied, stored, or redistributed by the user.

M. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of TekkersTV or the respective licensors of the Content.

5.2 You agree that you will comply with all of the other provisions of the Terms and the TekkersTV Community Guidelines at all times during your use of the Service.

5.3 TekkersTV grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. TekkersTV reserves the right to revoke these exceptions either generally or in specific cases.

5.4 TekkersTV is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service which TekkersTV provides may change from time to time without prior notice to you.

5.5 As part of this continuing innovation, you acknowledge and agree that TekkersTV may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at TekkersTV's sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform TekkersTV when you stop using the Service.

5.6 You agree that you are solely responsible for (and that TekkersTV has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which TekkersTV may suffer) of any such breach.

6. Copyright policy

6.1 TekkersTV operates a clear copyright policy in relation to any Content that is alleged to infringe the copyright of a third party.

6.2 As part of TekkersTV's copyright policy, TekkersTV will terminate user access to the /Service if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.

7. Content

7.1 As a TekkersTV account holder you may submit Content. You understand that whether or not Content is published, TekkersTV does not guarantee any confidentiality with respect to Content.

7.2 You retain all of your ownership rights in your Content, but you are required to grant limited licence rights to TekkersTV and other users of the Service. These are described in paragraph 8 of these Terms (Rights you licence).

7.3 You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it. TekkersTV does not endorse any Content or any opinion, recommendation, or advice expressed therein, and TekkersTV expressly disclaims any and all liability in connection with Content.

7.4 You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable TekkersTV to use your Content for the purposes of the provision of the Service by TekkersTV, and otherwise to use your Content in the manner contemplated by the Service and these Terms.

7.5 You agree that your conduct on the site will comply with (and you agree that the content of all of your Content shall comply with) the TekkersTV Community Guidelines, found athttp://www.TekkersTV.co.uk/guidelines, as updated from time to time.

7.6 You agree that you will not post or upload any Content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for TekkersTV to use or possess in connection with the provision of the Service.

7.7 You agree that Content you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant TekkersTV the licence referred to in paragraph 8.1 below.

7.8 On becoming aware of any potential violation of these Terms, TekkersTV reserves the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in these Terms and may remove such Content and/or terminate a User's access for uploading Content which is in violation of these Terms at any time, without prior notice and at its sole discretion.

7.9 You further understand and acknowledge that in using the Service, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against TekkersTV with respect to any such Content.

8. Rights you licence

8.1 When you upload or post Content to TekkersTV, you grant:

A. to TekkersTV, a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and TekkersTV's business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels;

B. to each user of the Service, a worldwide, non-exclusive, royalty-free licence to access your Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the functionality of the Service and under these Terms.

8.2 The above licenses granted by you in Content terminate when you remove or delete your Content from the Website. The above licenses granted by you in textual comments you submit as Content are perpetual and irrevocable, but are otherwise without prejudice to your ownerships rights, which are retained by you as set out in paragraph 7.2 above.

9. TekkersTV content on the Website

9.1 With the exception of Content submitted to the Service by you, all other Content on the Service is either owned by or licensed to TekkersTV, and is subject to copyright, trade mark rights, and other intellectual property rights of TekkersTV or TekkersTV's licensors. Any third party trade or service marks present on Content not uploaded or posted by you are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of TekkersTV or, where applicable, TekkersTV's licensors. TekkersTV and its licensors reserve all rights not expressly granted in and to their Content.

10. Links from TekkersTV

10.1 The Service may include hyperlinks to other web sites that are not owned or controlled by TekkersTV. TekkersTV has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.

10.2 You acknowledge and agree that TekkersTV is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

10.3 You acknowledge and agree that TekkersTV is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

10.4 TekkersTV encourages you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.

11. Ending your relationship with TekkersTV

11.1 The Terms will continue to apply until terminated by either you or TekkersTV as set out below.

11.2 If you want to terminate your legal agreement with TekkersTV, you may do so by (a) notifying TekkersTV at any time and (b) closing your TekkersTV account. Your notice should be sent, in writing, to TekkersTV's address which is set out at the beginning of these Terms.

11.3 TekkersTV may at any time terminate its legal agreement with you if:

A. you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or

B. TekkersTV is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or

and in the case of each of A and B of this clause 11.4 shall, where possible, give reasonable notice of such termination.

11.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and TekkersTV have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 14.6 shall continue to apply to such rights, obligations and liabilities indefinitely.

12. Exclusion of Warranties

12.1 Nothing in the Terms shall affect any statutory rights that you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.

12.2 The Service is provided "as is" and TekkersTV makes no warranty or representation to you with respect to them.

12.3 In particular TekkersTV does not represent or warrant to you that:

A. your use of the Service will meet your requirements,

B. your use of the Service will be uninterrupted, timely, secure or free from error,

C. any information obtained by you as a result of your use of the Service will be accurate or reliable, and

D. that defects in the operation or functionality of any software provided to you as part of the Service will be corrected.

12.4 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Service except to the extent that they are expressly set out in the Terms.

13. Limitation of Liability

13.1 Nothing in these Terms shall exclude or limit TekkersTV's liability for losses which may not be lawfully excluded or limited by applicable law.

13.2 Subject to the overall provision in paragraph 13.1 above TekkersTV shall not be liable to you for:

A. any indirect or consequential losses which may be incurred by you. This shall include; (i) any loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss of opportunity; or (iv) any loss of data suffered by you;

B. any loss or damage which may be incurred by you as a result of:

i. any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Service;

ii. any changes which TekkersTV may make to the Service, or for any permanent or temporary cessation in the provision of the Service (or any features within the Service);

iii. the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Service;

iv. your failure to provide TekkersTV with accurate account information;

v. your failure to keep your password or TekkersTV account details secure and confidential.

13.3 The limitations on TekkersTV's liability to you in paragraph 13.2 above shall apply whether or not TekkersTV has been advised of or should have been aware of the possibility of any such losses arising.

14. General legal terms

14.1 The Terms constitute the whole legal agreement between you and TekkersTV and govern your use of the Service and completely replace any prior agreements between you and TekkersTV in relation to the Service. All other terms of service that TekkersTV Inc. and any of its subsidiaries may have in place from time to time are expressly excluded from the Terms.

14.2 You agree that TekkersTV may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.

14.3 You agree that if TekkersTV does not exercise or enforce any legal right or remedy which is contained in the Terms (or which TekkersTV has the benefit of under any applicable law), this will not be taken to be a formal waiver of TekkersTV's rights and that those rights or remedies will still be available to TekkersTV.

14.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

14.5 You acknowledge and agree that each member of the group of companies of which TekkersTV is a part shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be a third party beneficiary of the Terms.

14.6 The Terms, and your relationship with TekkersTV under the Terms, shall be governed by English law. You and TekkersTV agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that TekkersTV shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.

Dated: 29 August 2014

TekkersTV Paid Service Terms of Service

Effective as of 29 August 2014

TekkersTV allows you to access certain premium features or content in exchange for a one-time or recurring fee, as applicable to the relevant features or content (collectively, each a "Paid Service" and collectively the "Paid Services"). The Paid Services include TekkersTV rentals & purchases, paid channel subscriptions, paid video streams, advertising, feature-based subscriptions and other TekkersTV services which may be offered by TekkersTV in the future. Your transactions and any other use of the Paid Services are subject to these TekkersTV Paid Service Terms of Service ("Paid Service Terms").

1. Your Acceptance

By using a Paid Service, you signify your agreement to (1) these Paid Service Terms; and (2) TekkersTV's Terms of Service, Privacy Notice, and Community Guidelines applicable to your geographic location, and all other terms and conditions that generally apply to the TekkersTV website. We'll refer to these documents together as the "Terms". Please read the Terms carefully. If you do not understand the Terms, or do not accept any part of them, then you may not use the Paid Services. Each time you place an order for a Paid Service (including when you order individual subscriptions or items of content), you enter into a separate contract for services on these Terms. When you complete a purchase, you signify that you wish to enter into a binding contract for the provision of the applicable Paid Services.

2. Payment, Refund and Cancellation Policy

Payment: TekkersTV accepts payment via the current payment method indicated prior to purchase, which may include Paypal and any other form of payment that we make available to you from time to time. You must have a valid accepted form of payment on file in order to purchase Paid Services or participate in free trial offers or other free offers related to the Paid Services. You agree to abide by any relevant Terms of Service or other valid legal agreement (including without limitation the Paypal Terms of Service), whether with TekkersTV, Paypal or a third party, that governs your use of a given payment processing method. Prices for any Paid Service may change at any time, and TekkersTV does not provide price protection or refunds in the event of a price reduction or promotional offering. You agree to pay for any Paid Service that you order. TekkersTV will charge your credit card or other form of payment for the price listed on the relevant Paid Service offer, along with any additional amounts relating to applicable taxes, bank fees and currency fluctuations (which may be identified to you before purchase). If you purchase any automatically renewing subscriptions, you agree that TekkersTV will charge the payment method on file on the first day of each billing period for the relevant subscription, and if the payment method on file becomes invalid due to an expired credit card or other similar reason and we are unable to charge you on the next billing period, TekkersTV reserves the right to immediately revoke your access to any Paid Service you have ordered until you update your payment method. If you fail to update your payment method within a reasonable amount of time, TekkersTV may cancel your subscription.

Refunds: You can cancel your purchase and receive a refund as long as you have not commenced using the relevant Paid Service ordered and you make your request no later than 7 working days following the day your order is completed, except where the Pay Content and/or Service is defective in which case no time limit applies. Please note that if your order includes a free trial (as described below), the 7 day period for requesting a refund begins at the beginning of the free trial, not when you are subsequently billed for the Paid Service. Requests for refunds must be directed to our customer support team by clicking "Help" next to the relevant purchase on your Purchases page or by contacting the customer support team here. We reserve the right to approve or deny refund requests after 7 working days at our sole discretion, except where the Paid Service is defective. In the event a refund is issued after 7 days for any subscription Paid Service, you may be issued a partial refund that is pro-rated for the remaining time left on the subscription. If you receive a refund for any reason, TekkersTV reserves the right to terminate your access to the relevant Paid Service purchased.

Subscription Cancellations: If you purchase a subscription to a Paid Service that automatically renews, you may cancel the subscription any time before the end of the current billing period and the cancellation will take effect on the next billing period. You will retain access to the Paid Service from the time you cancel until the start of the next billing period, and unless otherwise indicated in the Refund policy will not receive a refund or credit for any remaining days in your current billing period.

Free Trials: TekkersTV may offer free trials to new Paid Service subscribers. If you purchase a subscription to a Paid Service that includes a free trial, you will receive free access to such Paid Service for the duration of the free trial period. At the end of the applicable free trial period, you will be charged the price of the subscription and will continue to be charged until you cancel your subscription. To avoid any charges, you must cancel before the end of the free trial period.

Pre-Orders: TekkersTV may offer the ability to pre-order certain items of content available within the Paid Services. When you place a pre-order for an item of content, unless otherwise noted at the time of purchase, your transaction will be completed and your credit card will be charged on the date when the relevant item of content is made available to you. You can cancel your pre-order at any time up to the point at which the relevant item of content becomes available. In some cases, TekkersTV may need to cancel a pre-order you have placed, in which case we will notify you.

3. Accessing Paid Services.

Device and Usage Requirements. Certain types of Paid Services may require you to use a device that meets the system and compatibility requirements for such Paid Service, which may change from time to time. For further information on supported devices and technical requirements, visit our Help Center.

Additionally, your use of the Paid Services is subject to the TekkersTV Paid Service Usage Rules, which describe how you may access or use the different types of Paid Services on TekkersTV (e.g., applicable viewing periods and device limitations).

Geographic Restrictions. The Paid Services, and certain content available within the Paid Services, are currently available only in some countries. You agree that you will not present any false, inaccurate or misleading information in an effort to misrepresent yourself as a resident of a supported country, and you will not attempt to circumvent any restrictions on access to or availability of the Paid Services or content available within the Paid Services.

Other Paid Services. You may receive access to other subscription products or purchases as part of a transaction for certain TekkersTV Paid Services (e.g., by purchasing a movie on TekkersTV). Additionally, you may receive access to certain TekkersTV Paid Services as part of a purchase of, or subscription to, other TekkersTV products (e.g. by purchasing a movie on TekkersTV Play). Your use of any TekkersTV Paid Service is governed solely by these Paid Service Terms, and not the terms of any other product, including any other product through which you receive access to a TekkersTV Paid Service.

4. License

Your use of the Paid Services must be only for personal, non-commercial use. You agree not to use any Paid Service, in whole or in part in connection with any public presentation even if no fee is charged (except where such use would not constitute a copyright infringement). You are receiving a non-exclusive license to access the Paid Service and all rights, title and interest in the Paid Services (including any content offered through the Paid Services) not expressly granted to you in these Terms are reserved by TekkersTV and its licensors. If TekkersTV reasonably determines that you violated any of the terms and conditions of the Paid Service Terms, your rights under this Section 4 will immediately terminate and TekkersTV may terminate your access to the Paid Service and/or your TekkersTV account without notice and without refund to you.

Restrictions

When you use the Paid Service, you may not (or attempt to):

  • use the Paid Service in an illegal manner or for an illegal purpose;
  • share your TekkersTV account password with someone else to allow them to access any Paid Service that such person did not order;
  • copy, sell, rent, or sublicense the Paid Services Content to any third party;
  • circumvent, reverse-engineer, modify, disable, or otherwise tamper with any security technology that TekkersTV uses to protect the Paid Service or encourage or help anyone else to do so;
  • access the Paid Service other than by means authorized by TekkersTV; or
  • remove any proprietary notices or labels on Paid Services.

6. Changes

Changes or Discontinuation of Paid Services. TekkersTV reserves the right to change the availability of Paid Services. In addition, we reserve the right to modify, suspend, or discontinue any Paid Service and we will not be liable to you or any third party for any such modifications, suspension, or termination. However, this will not affect your ability to request a refund as described above.

Removal or Unavailability of Content. In certain cases, content available within a Paid Service may become unavailable due to restrictions from our partners who license us such content or other legal or policy reasons. TekkersTV will have no liability to you for any such unavailability. In the case of video rentals and purchases, if this happens during your rental period or during the first five years after you purchase content, you may request either a refund of the price paid or a reasonable replacement for such otherwise unavailable rental or purchased content. For all other Paid Services, if you are not able to download a copy of the affected content (if applicable) before it becomes unavailable, then TekkersTV may, at its option and solely as an accommodation to you, offer you either (a) a reasonable replacement of the content if possible or (b) a refund of the price of the content. If TekkersTV chooses to issue you a refund or replacement, the refund or replacement of your purchase price shall be your sole remedy.

Changes to the Paid Service Terms. We may also change these Paid Service Terms from time to time so we encourage you to periodically review the most up-to-date version at http://www.TekkersTV.com/paidterms. If the Paid Service Terms change, you will have the opportunity to review the new terms when you next purchase any Paid Service. By completing the purchase, you signify your agreement to the new Paid Service Terms, and further, that they will apply to your use of the Service as a whole (including any Paid Service you have purchased in the past) and all subsequent purchases (until the Paid Service Terms change again). If you refuse to accept the updated Paid Service Terms then you may not buy any additional Paid Services and the latest version of the Paid Service Terms that you accepted will continue to apply to your use of previously purchased Paid Services.

7. Other Terms

A. You acknowledge and agree that certain content available in the Paid Services may be considered offensive to some people and that such content may not be labeled as such. Additionally, certain descriptions of Paid Services or content available in the Paid Services are not guaranteed to be accurate. You agree to use the Paid Services at your own risk and, subject to applicable laws, TekkersTV will have no liability to you for any content that you find offensive.

B. The Paid Services are being provided by Paypal. Complaints and/or feedback about your Paid Service experience may be sent to the address above or provided online as described above.

C. You agree that you are solely responsible for (and that TekkersTV has no responsibility to you for) your use of any Paid Service, any breach of your obligations under the Paid Service Terms, and for the consequences (including loss or damage of any kind which TekkersTV may suffer) of any such breach.

D. You acknowledge and agree that you are responsible for paying all fees in a timely manner and for providing us with a valid credit card or other form of payment acceptable to TekkersTV.

E. Subject to applicable laws, except as set out in the remainder of this section, neither TekkersTV nor Paypal will be responsible for business losses (including but not limited to loss of profit, loss or reputation and goodwill or any loss of business data). Nothing in these Paid Service Terms is intended to exclude or limit the liability of any party for (i) death or personal injury; (ii) fraud; (iii) fraudulent misrepresentation; or (iv) any liability that cannot be excluded or limited by law.

F. Unless not permitted by applicable law, you acknowledge and agree that that these Paid Service Terms, your transaction for the Paid Service, and your relationship with TekkersTV under these Paid Service Terms shall be governed by the laws of England and Wales, and any claim or dispute that arises in whole or in part from your use of the TekkersTV Website and the Paid Services will be decided exclusively by a court of competent jurisdiction located in England and Wales.

G. You acknowledge and agree that your transaction for the Paid Service is with Smart Sport Performance Limited.

TekkersTV Paid Service Usage Rules

As described in the TekkersTV Paid Service Terms of Service, how you access or use different types of Paid Services on TekkersTV may vary. The usage rules applicable to each type of Paid Service are detailed below, and may change over time as we add new features, devices and content to our service. You may also visit the TekkersTV Help Center for more information.

Video Rentals and Purchases

Certain types of Paid Services allow you to purchase or rent individual items of content made available by third parties. You may view rentals or purchases when (1) online, with a broadband connection and logged onto your TekkersTV or Paypal account or (2) offline by downloading and viewing from a previously authorized device. Authorizing and de-authorizing a device requires you to be online. For further information on how to view rentals or purchases offline on authorized devices please see here. Due to restrictions from our content providers, purchased or rented content may not be available for purchase or playback outside of the territory where you completed your transaction. You may also receive access to your rentals and purchases through another product (e.g. TekkersTV Play or the Apple Store), but your use of your rentals and purchases from TekkersTV shall be governed by the TekkersTV usage rules.

Rental Content: When you rent content, you may view such item of content an unlimited number of times during the period of time displayed at the time of your payment ("Viewing Period") and noted in your confirmation email. Pausing, stopping, or rewinding an item of rented content will not extend your applicable Viewing Period. Each item of rented content may have a different Viewing Period, so please review the Viewing Period before you complete your transaction. Rented content may only be viewed or downloaded on only one device at a time.

Purchased Content. When you purchase an item of content, your content will be stored in a digital locker and you may view it an unlimited number of times for during your Locker Period. The "Locker Period" will be for at least 2 years from the date of your purchase (subject to the restrictions described in the TekkersTV Paid Service Terms of Service). Each item of purchased content may have a different Locker Period and you agree to the Locker Period before you order it. Pausing, stopping, or rewinding purchased content will not extend the Locker Period. As noted in the TekkersTV Paid Service Terms of Service, if an item of purchased content becomes unavailable during the two year period from the purchase date, you may request a refund.

For purchased content, you may (1) view one stream of each item at a time, (2) view up to 3 streams of different items at a time, (3) authorize up to 5 devices for offline playback of purchased content at a time and to authorize additional devices, you must de-authorize one of those 5 devices, (4) only authorize the same device twice every 12 months, and (5) only authorize a total of 2 devices for offline playback every 90 days.

Paid Channel Subscriptions Certain types of Paid Services allow you to access a TekkersTV channel or package of channels made available by third parties, each containing a variety of content, in exchange for a one-time or recurring subscription fee. When you purchase a subscription to a channel or package of channels, you will have access to stream any content currently available within that subscription an unlimited number of times. Our partners may decide to periodically update the content they make available in the subscription, and some items of content may either become unavailable or be made available for free when this happens. You may only view content within a subscription when you are online, with a broadband connection and logged into your TekkersTV account, but in some cases you may be able to access the content while offline for limited periods of time. Due to restrictions from our content providers, subscription content may not be available for playback outside of the territory where you completed your transaction.

TekkersTV Community Guidelines

Respect the TekkersTV Community

We're not asking for the kind of respect reserved for nuns, the elderly and brain surgeons. We mean don't abuse the site. Every cool new community feature on TekkersTV involves a certain level of trust. We trust you to be responsible and millions of users respect that trust, so please be one of them.

We Review Videos Flagged As Inappropriate

Okay, this one is more about us than you. When a video gets flagged as inappropriate, we review the video to determine whether it violates our Terms of Use-flagged videos are not automatically taken down by the system. If we remove your video after reviewing it, you can assume that we removed it deliberately and you should take our warning notification seriously. Take a deep breath, read our Terms of Use and try to see it from our perspective. If you find other videos on TekkersTV with the same violations, please flag them so we can review them as well!

Don't Cross the Line

Here are some common-sense rules that will help you steer clear of trouble:

  • TekkersTV is not for pornography or sexually explicit content. If this describes your video, even if it's a video of yourself, don't post it on TekkersTV. In addition, please be advised that we work closely with law enforcement and we report child exploitation. Please read our Safety Tips and stay safe on TekkersTV.
  • Don't post videos showing things like animal abuse, drug abuse or bomb making.
  • Graphic or gratuitous violence is not allowed. If your video shows someone getting hurt, attacked or humiliated, don't post it.
  • TekkersTV is not a shock site. Don't post gory videos of accidents, dead bodies or similar things.
  • Respect copyright. Only upload videos that you made or that you are authorised to use. This means don't upload videos you didn't make, or use content in your videos to which someone else owns the copyright, such as music tracks, snippets of copyrighted programmes or videos made by other users, without the requisite authorisations. Read our Copyright Tips for more information.
  • We encourage free speech and defend everyone's right to express unpopular points of view. But we do not permit hate speech (speech which attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status and sexual orientation/gender identity).
  • There is zero tolerance of predatory behaviour, stalking, threats, harassment, invading privacy or the revealing of other members' personal information. Anyone caught doing these things may be permanently banned from TekkersTV.
  • Everyone hates spam. Do not create misleading descriptions, tags, titles or thumbnails in order to increase views. It's not OK to post large amounts of untargeted, unwanted or repetitive content, including comments and private messages.

Please take these rules seriously and take them to heart. Don't try to look for loopholes or try to lawyer your way around them-just understand them and try to respect the spirit in which they were created. Violations of the Terms of Use may result in a warning notification or termination of your account. If your account is terminated you are prohibited from creating any new accounts.

TekkersTV is for the Community

Remember that this is your community! Each and every user of TekkersTV makes the site what it is, so don't be afraid to dig in and get involved!

  • Have fun with the site. There's a lot here to see, and lots of people making amazing stuff-one of them might be you! Equipment's getting cheaper and easier to use all the time, so dive in and enjoy.
  • Let people know what you think. Feedback's part of the experience, and when done with respect, can be a great way to make friends, share stories and make your time on TekkersTV more fulfilling. So leave comments, rate videos, make your own responses to videos that affect you, enter contests of interest-there's a lot going on and a lot of ways to participate here.
  • You may not like everything you see. Some of the content here may offend you-if you find that it violates our Terms of Use, then click "Flag as Inappropriate" under the video you're watching to submit it for review by TekkersTV staff. If it doesn't, then consider just clicking on something else-why waste time watching videos you don't like?

That's it! Thanks for reading!
- The TekkersTV Team

TekkersTV Privacy Policy

There are many different ways that you can use our services - to search for and share information, to communicate with other people or to create new content. When you share information with us, for example by creating a TekkersTV Account, we can make those services even better - to show you more relevant search results and ads, to help you connect with people or to make sharing with others quicker and easier. As you use our services, we want you to be clear how we're using information and the ways in which you can protect your privacy.

Our Privacy Policy explains:
  • What information we collect and why we collect it.
  • How we use that information.
  • The choices we offer, including how to access and update information.

We've tried to keep it as simple as possible, but if you're not familiar with terms like cookies, IP addresses, pixel tags and browsers, then read about these key terms first. Your privacy matters to TekkersTV so whether you are new to TekkersTV or a long-time user, please do take the time to get to know our practices.

Information that we collect

We collect information to provide better services to all of our users - from figuring out basic stuff, like which language you speak, to more complex things like which ads you'll find most useful or the people who matter most to you online.

We collect information in two ways:
  • Information that you give us. For example, many of our services require you to sign up for a TekkersTV Account. When you do, we'll ask for personal information, like your name, email address, telephone number or credit card. If you want to take full advantage of the sharing features we offer, we might also ask you to create a publicly visible TekkersTV Profile, which may include your alias and photo.
  • Information that we obtain from your use of our services. We may collect information about the services that you use and how you use them, like when you visit a website that uses our advertising services or you view and interact with our ads and content. This information includes:
    • Device information
      We may collect device-specific information (such as your hardware model, operating system version, unique device identifiers and mobile network information including phone number). TekkersTV may associate your device identifiers or phone number with your TekkersTV Account.
    • Log information
      When you use our services or view content provided by TekkersTV, we may automatically collect and store certain information inserver logs. This may include:
    • Location information
      When you use a location-enabled TekkersTV service, we may collect and process information about your actual location, like GPS signals sent by a mobile device. We may also use various technologies to determine location, such as sensor data from your device that may, for example, provide information on nearby Wi-Fi access points and mobile towers.
    • Unique application numbers
      Certain services include a unique application number. This number and information about your installation (for example, the operating system type and application version number) may be sent to TekkersTV when you install or uninstall that service or when that service periodically contacts our servers, such as for automatic updates.
    • Local storage
      We may collect and store information (including personal information) locally on your device using mechanisms such as browser web storage (including HTML 5) and application data caches.
    • Cookies and anonymous identifiers
      We and our partners use various technologies to collect and store information when you visit a TekkersTV service, and this may include sending one or more cookies or anonymous identifiers to your device. We also use cookies and anonymous identifiers when you interact with services that we offer to our partners, such as advertising services or TekkersTV features that may appear on other sites.

How we use information that we collect

We use the information that we collect from all of our services to provide, maintain, protect and improve them, to develop new ones and toprotect TekkersTV and our users. We also use this information to offer you tailored content - like giving you more relevant search results and ads.

We may use the name that you provide for your TekkersTV Profile across all of the services we offer as Smart Sports Performance Limited "The company" that require a TekkersTV Account. In addition, we may replace past names associated with your TekkersTV Account, so that you are represented consistently across all our services. If other users already have your email or other information that identifies you, we may show them your publicly visible TekkersTV Profile information, such as your name and photo.

When you contact TekkersTV, we may keep a record of your communication to help resolve any issues that you might be facing. We may use your email address to inform you about our services, such as letting you know about upcoming changes or improvements.

We use information collected from cookies and other technologies, like pixel tags, to improve your user experience and the overall quality of our services. For example, by saving your language preferences, we'll be able to have our services appear in the language you prefer. When showing you tailored ads, we will not associate a cookie or anonymous identifier with sensitive categories, such as those based on race, religion, sexual orientation or health.

We may combine personal information from one service with information, including personal information, from other TekkersTV services - for example, to make it easier to share things with people you know. We will not combine DoubleClick cookie information with personally identifiable information unless we have your opt-in consent.

We will ask for your consent before using information for a purpose other than those set out in this Privacy Policy.

TekkersTV processes personal information on our servers in many countries around the world. We may process your personal information on a server located outside the country where you live.

Transparency and choice

People have different privacy concerns. Our goal is to be clear about what information we collect, so that you can make meaningful choices about how it is used. For example, you can:

  • Review and control certain types of information tied to your TekkersTV Account by using TekkersTV Dashboard.
  • View and edit your ads preferences about the ads shown to you on TekkersTV and across the web, such as which categories might interest you, using Ads Settings. You can also opt out of certain TekkersTV advertising services here.
  • Use our editor to see and adjust how your TekkersTV Profile appears to particular individuals.
  • Control who you share information with.
  • Take information out of many of our services.

You may also set your browser to block all cookies, including cookies associated with our services or to indicate when a cookie is being set by us. However, it's important to remember that many of our services may not function properly if your cookies are disabled. For example, we may not remember your language preferences.

Information that you share

Many of our services let you share information with others. Remember that when you share information publicly, it may be indexable by search engines, including TekkersTV. Our services provide you with different options on sharing and removing your content.

Accessing and updating your personal information

Whenever you use our services, we aim to provide you with access to your personal information. If that information is wrong, we strive to give you ways to update it quickly or to delete it - unless we have to keep that information for legitimate business or legal purposes. When updating your personal information, we may ask you to verify your identity before we can act on your request.

We may reject requests that are unreasonably repetitive, require disproportionate technical effort (for example, developing a new system or fundamentally changing an existing practice), risk the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup systems).

Where we can provide information access and correction, we will do so free of charge, except where it would require a disproportionate effort. We aim to maintain our services in a manner that protects information from accidental or malicious destruction. Because of this, after you delete information from our services, we may not immediately delete residual copies from our active servers and may not remove information from our backup systems.

Information that we share

We do not share personal information with companies, organizations and individuals outside of TekkersTV unless one of the following circumstances applies:

  • With your consent
    We will share personal information with companies, organisations or individuals outside TekkersTV when we have your consent to do so. We require opt-in consent for the sharing of any sensitive personal information.
  • With domain administrators
    If your TekkersTV Account is managed for you by a domain administrator (for example, for TekkersTV Apps users) then your domain administrator and resellers who provide user support to your organisation will have access to your TekkersTV Account information (including your emails and other data). Your domain administrator may be able to:
    • view statistics regarding your account, such as statistics regarding applications that you install.
    • change your account password.
    • suspend or terminate your account access.
    • access or retain information stored as part of your account.
    • receive your account information in order to satisfy applicable law, regulation, legal process or enforceable governmental request.
    • restrict your ability to delete or edit information or privacy settings.

Please refer to your domain administrator's privacy policy for more information.

When this Privacy Policy applies

Our Privacy Policy applies to all of the services offered by Smart Sport Performance Limited and its affiliates, including services offered on other sites (such as our advertising services), but excludes services with separate privacy policies that do not incorporate this Privacy Policy.

Our Privacy Policy does not apply to services offered by other companies or individuals, including products or sites that may be displayed to you in search results, sites that may include TekkersTV services or other sites linked from our services. Our Privacy Policy does not cover the information practices of other companies and organisations that advertise our services and that may use cookies, pixel tags and other technologies to serve and offer relevant ads.

Compliance and cooperation with regulatory authorities

We regularly review our compliance with our Privacy Policy. We also adhere to several self-regulatory frameworks. When we receive formal written complaints, we will contact the person who made the complaint to follow up. We work with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that we cannot resolve with our users directly.

Changes

Our Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your explicit consent. We will post any Privacy Policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of Privacy Policy changes). We will also keep prior versions of this Privacy Policy in an archive for your review.

Scout Terms and Conditions

Whether an official scout or unofficial scout it is important that scouts registered with our performance app and/or tekkerstv behave in an appropriate manner. Therefore it is essential that all scouts read the following terms and conditions and code of conduct, which is part of our terms and conditions of service. Official scouts will require confirmation of their status at a club via an official of that club. On registration any scout registering as an official scout is required to submit a contact email at the club they are registered at. We will subsequently contact the club via the provided email to verify credentials. The email provided must be an official club email. A scouts status will become an official status once we receive verification. Whilst we are waiting for verification a registered scout can use the site but not with official status. Once we receive verification the scout’s status will be updated to being an official scout. This will be indicated by the symbol OS. The circle should be a link so anyone clicking on it goes to the following help statement: An official scout is a scout that is registered with tekkerstv and/or our performance app where we have received official confirmation from their club that they scout for them. A scout may publish the clubs name (with their clubs permission) if they so wish but this is not compulsory.
Code of Conduct
All scouts are able to communicate with users on our sites. However, scouts must abide by the
following rules: Scouts must abide by our full terms and conditions . They should particularly note the following:
1. No scout must contact a person under the age of 16 directly.
2. Any scout contacted by a person under the age of 16 must request that the child contacting them pass the scouts details on to a parent/carer for them to contact the scout directly.
3. Scouts must not continue to contact players/parents if they do not wish to receive contact.
4. Scouts must respect FA Premier League guidelines on contacting players who are registered at other professional clubs.
5. Scouts must, where reasonably possible, contact players via their grassroots clubs.
6. Any Scout found to consistently ignore these rules will have their registration terminated by us.
7. If a scout leaves the club they work for it is their and/or their clubs responsibility to inform us so we can change their status to unofficial scout. We cannot be held responsible if we are not informed of this change of status.
A copy of these terms and conditions are sent to an official scouts club at registration.

Photography Guidelines

Recommended Guidelines

There has been much talk about who is allowed to take pictures of children (under 18s) playing sport and in particular what parents/carers are permitted to do. The FA would like to assure parents, carers, coaches, spectators, players and local media that we encourage the taking of appropriate images of children in football.

Potential risks

The FA has developed this guidance to help avoid the following:

• The inappropriate use, adaptation or copying of images for use on child abuse websites on the internet (often incorrectly referred to as pornography sites)

• The identification of children when a photograph is accompanied by significant personal information that will assist a third party in identifying the child. This can lead, and has led, to children being 'groomed'

• The identification and locating of children in inappropriate circumstances which include: (i) where a child has been removed from his/her family for their own safety; (ii) where restrictions on contact with one parent following a parental separation exist e.g. in domestic violence cases; (iii) in situations where a child may be a witness in criminal proceedings; or (iv) other safeguarding children concerns.

It’s important to remember the majority of images taken are appropriate and taken in good faith. If we take the following simple measures we can help to ensure the safety of children in football.

Common sense considerations to ensure everyone's safety.

Do:

1. share The FA’s guidance on taking images with all parents, carers and members when they join the club

2. ensure the club has parental consent to use a player’s image if it is to be used in the public domain e.g. club website or newspaper article. This is essential in relation to point 3 below

3. ensure that any child in your club who is under care proceedings, is protected by ensuring that their image is not placed in the public domain. This can be done by using a Consent Form, so that parents/careers can identify whether this applies to children in their care

4. focus on the activity rather than the individual

5. ensure all those featured are appropriately dressed (a minimum of vest or shirt and shorts)

6. aim to take pictures which represent the broad range of youngsters participating safely in football e.g. boys and girls, disabled people, ethnic minority communities.

Don’t:

1. publish photographs with the full name(s) of the individual(s) featured unless you have written consent to do so and you have informed the parents as to how the image will be used

2. use player profiles with pictures and detailed personal information on websites

3. use an image for something other than that which it was initially agreed, e.g. published in local press when initially produced for a clubhouse commemorative picture

4. allow images to be recorded in changing rooms, showers or toilets – this includes the use of mobile phones that record images.

Commissioning professional photographers and the local media.

If you are commissioning professional photographers or inviting the press to cover a football activity, ensure you and they are clear about each other’s expectations. The key is to plan ahead and communicate early on.

• Provide a clear brief about what is considered appropriate in terms of content and behavior

• Inform them of your club’s commitment to safeguarding children and young people. Establish who will hold the recorded images and what they intend to do with them, e.g. place on a website for sale, distribute thumb nails to the club to co-ordinate sales

• Issue the professional photographer with identification, which must be worn at all times

Inform participants and parents or carers prior to the event that a professional photographer will be in attendance and ensure you have established that no under 18s will be compromised due to safeguarding children concerns if their image is taken – remember this can be done by using a Consent Form at the start of the season.

Remember:

• It’s not an offence to take appropriate photographs in a public place even if asked not to do so

• No one has the right to decide who can and cannot take images on public land

• If you have serious concerns about a possible child protection issue relating to the recording of images then call the Police. This action should only be taken where you believe that someone may be acting unlawfully or putting a child at risk

• The land or facility owner can decide whether or not photography and or videoing at football activities will be permitted when carried out on private land. However you need to make this known before allowing individuals access to the private property. If they do not comply then you may request that they leave

• Try not to use images that include individuals wearing jewellery (as wearing jewellery whilst playing is contrary to the Laws of the Game as well as being a health and safety issue).

If you are concerned about the inappropriate use of images please report this to your CFA Welfare Officer or to The FA Case Manager (contact details provided below).

To report potentially unlawful materials on the internet please contact:

The Internet Watch Foundation
Email: [email protected]
Telephone: 01223 237700
Fax the hotline: 01223 235921
www.iwf.org.uk

The FA’s Case Management Team
Email:[email protected]
Telephone: 0207 745 4787

Child Protection

TekkersTV Child Protection Policy

TekkersTV is a social network site and therefore it is extremely important to us that the issue of Child Protection is adhered to. Like other social network sites we suggest that only people over the age of 13 register to use this site.

TekkersTV is fully committed to safeguarding the welfare of all children and young people. All users of this site must act responsibly and within UK Laws and guidelines on Child Protection, as well as the Football Association Website on safeguarding children. As stated in our terms and conditions TekkersTV will not tolerate any use of the site that is against such laws and practices.

Please read our terms and conditions prior to using the site for more detailed information.

You may also wish to refer to The FA’s website on Safeguarding Children

Help us protect children

If you see a video or photo on our website that depicts children without dignity, respect or regard for privacy, contact us immediately. [email protected]

If you see your photo/video or your child in a photo/video

People posting videos are responsible for the content of those videos. If you see your own photo or your child's photo, and do not wish it to appear, you should contact us immediately [email protected]

Identification of children

It should not be possible for a child (under the age of 13) to be contacted directly via our website. If you are concerned that this has happened then you should contact us immediately.

Children's names

You should never use a child’sfull names on our websites. At most you will see a child's first nameand the name of the area where the child lives.

The law about photos

Laws on how we obtain, use and store photos vary significantly in the countries where Plan works. In some countries, culture, tradition and religion also play a role, and we seek to respect them.

To find out about the law that applies in the United Kingdom, where Plan has its headquarters, see the UK Data Protection Act 1998.

If you have questions or concerns about child protection at Plan, contact our Head of Child Protection [email protected]