EULA | Virgin Media Kids App

EULA | Virgin Media Kids App

This end-user licence agreement (“EULA”) is a legal agreement between you as an end-user (“you”) and Virgin Media Limited (“Virgin Media”, “us” or “we”) for the access to and use of the Virgin Media Kids App together with any software components, associated media and data, and any online or electronic documents (the “App”).

The service that you connect to via the App and any content that we provide to you through it is referred to in these terms as the “Service”.

By downloading, installing, copying or otherwise using the App, you agree to the terms of this EULA which will bind you.

You are responsible for all use of the App using your user account (including use by others). When you allow children to use your device and/or the App, it is your responsibility to supervise them.

Please also read our Virgin Media Cable Terms and Conditions and our Privacy Policy (as updated from time to time) and any other specific terms as may be notified to you, all of which form part of this EULA by reference, and apply to your use of the App and Service.

If you do not agree to the terms of this EULA, we will not license the App to you and you must not download it. If you have already downloaded the App, you must immediately delete and stop using it and the Service.

App store terms also apply

The ways in which you can use the App may also be controlled by the rules and policies of the relevant app store from which you have downloaded the App.

Operating system requirements

The App is only available on supported mobile phones as specified on the relevant app store and our website and from time to time updates to the App may be issued through the applicable app store. You shall ensure that your supported mobile phone or tablet meets and continues to meet the App’s operating system requirements. Depending on the update, you may not be able to use the App until you have downloaded the latest version of the Operating System and accepted any new terms.

Updates to the App and EULA

From time to time, updates to the App and/or EULA may be issued through the applicable app store. Depending on the update, you may not be able to use the App until you have downloaded the latest version of the App and/or accepted any new terms contained in the updated EULA.

Content

We may make available for streaming or download via the App on-demand programmes and films, games, books, images, music, text, and other material (“Content”). Content may be added, changed or removed at any time at our discretion. Streaming and downloading is only available in the UK (however from 1 April 2018, under a new EU law on the portability of online content, you can also stream or download while you are temporarily abroad in another EU member state). When you access the App away from your home Virgin Media internet connection, the quality of the internet connection you’re using may affect your experience of the content.

Limit on number of devices

You may only use the App and Service on registered devices. Instructions on how to register a device can be found on our website and in the FAQs section of the App. Due to our contractual agreements with content suppliers, the number of devices you may register at any one time, and how often registered devices may be swapped for another device, are limited. These limitations may change from time to time and can be found on our website and in the FAQs section.

Grant of licence

In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive, limited, revocable personal licence without rights to sublicense to use the App and Service in accordance with the terms set out in this EULA for as long as:

• You are a Virgin TV customer on a pack that includes the App (the list of packs including the App may change from time to time); and
• We choose to make the App available. We may withdraw it at any time and for any reason. We reserve all other rights.

Your Privacy

We collect and use the personal data we gather from your use of the App or Service in the ways set out in our Privacy Policy or as set out below. We collect technical data about your device and all devices using the App, in order to monitor the performance of the App, to analyse usage patterns, and to improve the service users receive. We do not collect specific data that could identify you individually. By using the App or Service you agree to us collecting and using technical data on this basis. When you use the App, it will check your location to establish whether or not you are in the UK or EU and therefore entitled to download and stream content under the terms of this EULA. You will not be able to download or stream content if the App is unable to access your device’s location services. We do not collect or retain location information, or use it to pinpoint the location of users.

You are responsible for use of the App

You must not disclose your My Virgin Media login details to anyone else and you are responsible for keeping them confidential. If you know or suspect the security of your login details has been compromised, you must immediately change them and inform Virgin Media. You confirm you own, or have obtained permission from the owner of, any device that you are using to download or use the App. You or they may be charged by your or their service provider(s) for internet access on that device. The device owner will continue to be responsible and liable for all costs, such as 3G or 4G data, associated with the device and connected service provider(s).

You are responsible for all use of the App using your user account (including use by others) and for complying with the terms of this EULA, whether or not you own the phone or other device that the App is being used on. In particular, when you allow children to use your device and/or the App, it is your responsibility to supervise them appropriately, for example to prevent them from altering the App settings (eg to allow downloads when not connected to Wi-Fi, which could result in significant data charges from your service provider) or to prevent them inappropriately accessing or using other apps on the device (such as apps with age-inappropriate content or that allow in-app purchases).

We have restricted access to the App’s settings section with a simple mathematical puzzle and provided instructions on how to use your device’s general settings to temporarily stop the user from exiting the app and using another. However our inclusion of these features does not in any way diminish your responsibility to appropriately supervise children using the App on your devices.

Your use of the App

You may download a copy of the App onto your device, and you may view, use and display the App on your device for your personal purposes only. You agree not to use the App for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. You agree not to (and not to assist or permit any third party to):

• Copy the App or the Service (except as part of the normal use of the App or Service);
• Rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Service in any form, in whole or in part, to any person without our prior written consent;
• Translate, merge, adapt, vary, alter or modify the App, in whole or in part, or permit the App or Service (or any part of them) to be combined with, or become incorporated in, any other programs (except as necessary to use the App or Service on devices as permitted in this EULA);
• Access the source code of the App, nor disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such things to the App, to the extent such activities can be restricted by law;
• Use the App to create any software product that can be used to create software applications of any kind;
• Tamper with the App or circumvent any technology used by Virgin Media or its licensors to protect any content accessible through the App;
• circumvent any territorial restrictions applied to the App or Service;
• Use the App or Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously (for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, or operating system);
• Transmit any material that is defamatory, offensive or that we (at our sole discretion) otherwise consider objectionable in relation to your use of the App or Service;
• use the App or Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
• Infringe our intellectual property rights or those of any third party in relation to your use of the App or Service; or
• Collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers.

Intellectual Property Rights

The Content made available via the App is owned by Virgin Media or its licensors and your use of it is limited by the terms of this EULA (including any document incorporated in it).

You acknowledge that all intellectual property rights in the App anywhere in the world belong to us or our licensors, and that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App other than the right to use it in accordance with the terms of this EULA.

Some Apps may include Microsoft PlayReadyTM or similar content access technology to protect third party intellectual property, including Content. If one or more of your devices uses PlayReady technology to access PlayReady-protected Content and/or WMDRM-protected Content, and if the device fails to properly enforce restrictions on content usage, Content owners may require Microsoft to revoke the device’s ability to consume PlayReady-protected content. Revocation should not affect unprotected Content or Content protected by other content access technologies. We may require you to upgrade PlayReady to access their Content. If you decline an upgrade, you will not be able to access Content that requires an upgrade. If any open-source software is included in the App, the terms of an open-source licence may override some of the terms of this EULA.

Transfer of rights under this EULA

We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA. You may not transfer your rights or obligations under this EULA to anyone else. This EULA is personal to you and no third party is entitled to benefit under this EULA except as expressly set out here.

Liability

We reserve the right to use the App at any time to enforce this EULA and/or the Terms and Conditions with or without notice to you by removing or restricting your access to the App and/or Service.

The use of the App is at your own risk. The App is provided on an “as is” and “as available” basis. Except as required by law, Virgin Media gives no warranty, express or implied, as to the quality, content, availability, uptime or fitness for a specific purpose of the App or the Service.

In no event shall Virgin Media (or its affiliates, directors, employees or licensors) be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to any loss of data, service interruption or computer failure) arising from your use of the App or Service, or any errors, viruses or bugs contained in the App, even if you have advised us of the possibility of such loss. Your only right or remedy with respect to any problems or dissatisfaction you have with the App is to uninstall it or stop using it.

Notwithstanding the foregoing, we do not exclude or limit our liability to you where it would be unlawful for us to do so. This includes any liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation. If you require any advice on your legal rights, you can refer to www.adviceguide.org.uk

Termination of this EULA

Your rights under this EULA will end upon you uninstalling the App from your device. We may terminate this EULA and your rights under it will terminate at any time immediately (and without any obligation to provide notice) if:

1. You cease to be a Virgin TV customer, or switch to a TV pack that does not include the App;
2. You breach any term of this EULA;
3. We are required to do so by any of our licensors; or
4. We withdraw the App or Service for any reason at our sole discretion.
5. If we or you end your rights to use the App or Service:
6. You must immediately stop all activities authorised by these terms, including your use of the App or Service;
7. We may immediately cease providing you with access to the App and/or the Service.

General

If we give you any notice that is required under this EULA, we shall give it to you by electronic means (for example, within the app store, via a notification within the App or by email where you have provided us with an email address).

If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

This EULA is governed by English law and you agree to submit to the exclusive jurisdiction of the courts of England and Wales in respect of any disputes arising in connection with this EULA and/or your use of the Apps and the Service.

Virgin Media's registered office is at Media House, Bartley Wood Business Park, Hook, Hampshire, RG27 9UP.

EULA | Virgin Media Kids App

The Virgin Media Kids App is a supplementary service as defined in our terms and conditions for Virgin Media Television, Virgin Broadband and Virgin Phone Services, or, if you are an Oomph customer, in our standard Oomph terms and conditions (as applicable, the “Virgin Media Standard Terms”) (available here). The Virgin Media Standard Terms shall also apply to the Virgin Media Kids App. This EULA will form part of your Virgin Media customer contract once an eligible request for your My Virgin Media Kids App login has been accepted by us . In addition to the Virgin Media Standard Terms, this end-user licence agreement (“EULA”) forms the legal agreement between you as an end-user (“you”) and Virgin Media Limited (“Virgin Media”, “us” or “we”) for the access to and use of the Virgin Media Kids App together with any software components, associated media and data, and any online or electronic documents (the “App”). In the event this EULA contradicts the Virgin Media Standard Terms, the terms and conditions of this EULA prevail in respect of the App.

The service that you connect to via the App and any content that we provide to you through it is referred to in these terms as the “Service”.

By downloading, installing, copying or otherwise using the App, you agree to the terms of this EULA which will bind you.

You are responsible for all use of the App using your user account (including use by others). When you allow children to use your device and/or the App, it is your responsibility to supervise them.

Please also read our Virgin Media Standard Terms and our Privacy Policy (as updated from time to time) and any other specific terms as may be notified to , you, all of which form part of this EULA by reference, and apply to your use of the App and Service.

If you do not agree to the terms of this EULA, we will not license the App to you and you must not download it. If you have already downloaded the App, you must immediately delete and stop using it and the Service.

App store terms also apply

The ways in which you can use the App may also be controlled by the rules and policies of the relevant app store from which you have downloaded the App.

Operating system requirements

The App is only available on supported mobile phones as specified on the relevant app store and our website and from time to time updates to the App may be issued through the applicable app store. You shall ensure that your supported mobile phone or tablet meets and continues to meet the ’App’s operating system requirements. Depending on the update, you may not be able to use the App until you have downloaded the latest version of the Operating System and accepted any new terms. Where an operating system or device is outdated, we may be unable to provide the Service to you and you will not have a right to cancel your agreement for your core services a result of such a change.

Updates to the App and EULA

The App and the Service are variable in nature and, from time to time, we may upgrade, update, replace or withdraw the App, EULA and/or the Service. Updates to the App and/or EULA may be issued through the applicable app store. Depending on the update, you may not be able to use the App until you have downloaded the latest version of the App and/or accepted any new terms contained in the updated EULA. Please refer to the Virgin Media Standard Terms and Conditions for more details on our rights to vary and (if applicable) your rights to cancel.

Content

We may make available for streaming or download via the App on-demand programmes and films, games, books, images, music, text, and other material (“Content”). The Content is variable in nature and may change from time to time as it is supplied by third parties and is therefore outside our control. Subject to Section N (or Section O if you are an Oomph customer) of your Virgin Media Standard Terms, we may add, change or remove Content at any time at our discretion. . Please refer to the Virgin Media Standard Terms and Conditions for more details on our rights to vary and replace content and (if applicable) your rights to cancel.
Streaming and downloading is only available in the UK (however from 1 April 2018, under a new EU law on the portability of online content, you can also stream or download while you are temporarily abroad in another EU member state). When you access the App away from your home Virgin Media internet connection, the quality of the internet connection you’re using may affect your experience of the content.

Limit on number of devices

You may only use the App and Service on registered devices. Instructions on how to register a device can be found on our website and in the FAQs section of the App. Due to our contractual agreements with content suppliers, the number of devices you may register at any one time, and how often registered devices may be swapped for another device are limited. These limitations may change from time to time and can be found on our website and in the FAQs section.

Grant of licence

In consideration of you agreeing to abide by the terms of this , EULA, we grant you a non-transferable, non-exclusive, limited, revocable personal licence without rights to sublicense to use the App and Service in accordance with the terms set out in this EULA for as long as:

• You are a Virgin TV customer on a pack that includes the App (the list of packs including the App may change from time to time); and
• We choose to make the App available. We may withdraw it at any time and for any reason. We will notify you of changes to the App in accordance with the Virgin Media Standard Terms. We reserve all other rights.

Your Privacy

We collect and use the personal data we gather from your use of the App or Service in the ways set out in our Privacy Policy or as set out below. We collect technical data about your device and all devices using the App, in order to monitor the performance of the App, to analyse usage patterns, and to improve the service users receive. We do not collect specific data that could identify you individually. By using the App or Service you agree to us collecting and using technical data on this basis. When you use the App, it will check your location to establish whether or not you are in the UK or EU and therefore entitled to download and stream content under the terms of this EULA. You will not be able to download or stream content if the App is unable to access your device’s location services. We do not collect or retain location information, or use it to pinpoint the location of users.

You are responsible for use of the App

You must not disclose your My Virgin Media login details to anyone else and you are responsible for keeping them confidential. If you know or suspect the security of your login details has been compromised, you must immediately change them and inform Virgin Media. You confirm you own, or have obtained permission from the owner of any device that you are using to download or use the App. You or they may be charged by your or their service provider(s) for internet access on that device. The device owner will continue to be responsible and liable for all costs, such as 3G or 4G data, associated with the device and connected service provider(s). You are responsible for all use of the App using your user account (including use by others) and for complying with the terms of this EULA, whether or not you own the phone or other device that the App is being used on. In particular, when you allow children to use your device and/or the App, it is your responsibility to supervise them appropriately, for example to prevent them from altering the App settings (eg to allow downloads when not connected to Wi-Fi, which could result in significant data charges from your service provider) or to prevent them inappropriately accessing or using other apps on the device (such as apps with age-inappropriate content or that allow-in-app purchases). We have restricted access to the App’s settings section with a simple mathematical puzzle and provided instructions on how to use your device’s general settings to temporarily stop the user from exiting the app and using another. However our inclusion of these features does not in any way diminish your responsibility to appropriately supervise children using the App on your devices.

Your use of the App

You may download a copy of the App onto your device, and you may view, use and display the App on your device for your personal purposes only. You agree not to use the App for any commercial, business or resale purposes, and we have no liability to you for any loss of , profit, loss of business, business interruption, or loss of business opportunity. You agree not to (and not to assist or permit any third party to):

• Copy the App or the Service (except as part of the normal use of the App or Service);
• Rent, lease, sub-license, loan, , provide, or otherwise make , available, the App or the Service in any ,form, in whole or in , part, to any person without our prior written consent;
• Translate, merge, adapt, vary, alter or modify the App, in whole or in part, or permit the App or Service (or any part of them) to be combined with, or become incorporated in, any other programs (except as necessary to use the App or Service on devices as permitted in this EULA);
• Access the source code of the App, nor , disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such things to the App, to the extent such activities can be restricted by law;
• Use the App to create any software product that can be used to create software applications of any kind;
• Tamper with the App or circumvent any technology used by Virgin Media or its licensors to protect any content accessible through the App; circumvent any territorial restrictions applied to the App or Service;
• Use the App or Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously (for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, or operating system);
• Transmit any material that is defamatory, offensive or that we (at our sole discretion) otherwise consider objectionable in relation to your use of the App or Serviceuse the App or Service in a way that could damage, , disable, , overburden, impair or compromise our systems or security or interfere with other users;
• Infringe our intellectual property rights or those of any third party in relation to your use of the App or Service; or
• Collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers.

Intellectual Property Rights

The Content made available via the App is owned by Virgin Media or its licensors and your use of it is limited by the terms of this EULA (including any document incorporated in it). You acknowledge that all intellectual property rights in the App anywhere in the world belong to us or our licensors, and that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App other than the right to use it in accordance with the terms of this EULA. Some Apps may include Microsoft PlayReadyTM or similar content access technology to protect third party intellectual property, including Content. If one or more of your devices uses PlayReady technology to access PlayReady-protected Content and/or WMDRM-protected Content and if the device fails to properly enforce restrictions on content usage, Content owners may require Microsoft to revoke the device’s ability to consume PlayReady-protected . content. Revocation should not affect unprotected Content or Content protected by other content access technologies. We may require you to upgrade PlayReady to access their Content. If you decline an upgrade, you will not be able to access Content that requires an upgrade. If any open-source software is included in the App, the terms of an open-source licence may override some of the terms of this EULA. Transfer of rights under this EULA We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this . EULA. You may not transfer your rights or obligations under this EULA to anyone else. This EULA is personal to you and no third party is entitled to benefit under this EULA except as expressly set out here.

Liability

We reserve the right to use the App at any time to enforce this EULA and/or the Virgin Media Standard Terms with or without notice to you by removing or restricting your access to the App and/or Service. The use of the App is at your own risk. The App is provided on an “as is” and “as available” basis. Except as required by law, Virgin Media gives no warranty, express or implied, as to the quality content availability, uptime or fitness for a specific purpose of the App or the Service. In no event shall Virgin Media (or its affiliates, directors, employees or licensors) be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to any loss of data, service interruption or computer failure) arising from your use of the App or Service, or any errors, viruses or bugs contained in the App, even if you have advised us of the possibility of such loss. Your only right or remedy with respect to any problems or dissatisfaction you have with the App is to uninstall it or stop using it. Notwithstanding the foregoing, we do not exclude or limit our liability to you where it would be unlawful for us to do so. This includes any liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation. If you require any advice on your legal rights, you can refer to www.adviceguide.org.uk.

Termination of this EULA

Your rights under this EULA will end upon you uninstalling the App from your device.,. We may terminate this EULA and your rights under it will terminate at any time immediately (and without any obligation to provide notice) if:

1. You cease to be a Virgin TV customer, or switch to a TV pack that does not include the App;
2. You breach any term of this EULA;
3. We are required to do so by any of our licensors; or
4. We withdraw the App or Service for any reason at our sole discretion. If we or you end your rights to use the App or Service:
5. You must immediately stop all activities authorised by these terms, including your use of the App or Service;
6. You must immediately delete or remove the App from all devices in your possession and destroy all copies of the App; and
7. We may immediately cease providing you with access to the App and/or the Service.

As the App and/or Service are variable in nature and evolving over time, we may need to make changes to or discontinue all or any part of the App and/or Service, or modify this EULA at any time, at our sole discretion. Please refer to the Virgin Media Standard Terms and Conditions for more details on our rights to vary and (if applicable) your rights to cancel.

General

If we give you any notice that is required under this EULA, we shall give it to you in accordance with our Virgin Media Standard Terms. For the avoidance of doubt notifications by electronic message may include (but are not limited to) messages within the app store, via a notification within the app or by email where you have provided us with an email address). If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. This EULA is governed by English law and you agree to submit to the exclusive jurisdiction of the courts of England and Wales in respect of any disputes arising in connection with this EULA and/or your use of the Apps and the Service. Virgin Media's registered office is at 500 Brook Drive, Reading, RG2 6UU.