Terms of Service
Dated: 29 August, 2024
Welcome to The Theatre Channel!
Introduction
Thank you for using The Theatre Channel platform and the products, services and features we make available to you as part of the platform (collectively, the “Service”).
Our Service
The Service allows you to discover, watch and share theatre related videos and other content, provides a forum for people to connect, inform, and inspire others across the globe, and acts as a distribution platform for original content creators and advertisers large and small. We provide lots of information about our products and how to use them in our Help Centre.
Your Service Provider
The entity providing the Service in the United Kingdom is A Spotlight On Ltd located at Top Floor, 11 Blackheath Village, London, SE3 9LA (referred to as “The Theatre Channel”, “we”, “us”, or “our”). References to The Theatre Channel’s “Affiliates” in these terms means the other companies where one or more of the directors of A Spotlight On Ltd are legally involved with.
Applicable Terms
Your use of the Service is subject to these terms, the The Theatre Channel Community Guidelines and the Safety and Copyright Policies (together, the "Agreement"). Your Agreement with us will also include the Advertising on The Theatre Channel Policies if you provide advertising or sponsorships to the Service or incorporate paid promotions in your Content.
Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service.
Who may use the Service?
Age Requirements
You may use the Service if you are at least 13 years old; however, children of all ages may use the Service if enabled by a parent or legal guardian.
Permission by Parent or Guardian
If you are under 18, you must have your parent or legal guardian’s permission to use the Service. Please have them read this Agreement with you.
If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service.
If you are using the Service on behalf of a company or organisation, you confirm to us that you have authority to act on behalf of that entity, and that entity accepts this Agreement.
Your Use of the Service
Content on the Service
The content on the Service includes videos, audio (for example music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials (collectively, "Content”). Content may be provided to the Service and distributed by our users and The Theatre Channel is a provider of hosting services for such Content. Content is the responsibility of the person or entity that provides it to the Service. If you see any Content you believe does not comply with these terms, such as by violating the Community Guidelines or the law, you can report it to us.
Theatre Channel Accounts
You can use parts of the Service, such as browsing and searching for Content, without having a Theatre Channel account. However, you do need a Theatre Channel account to use some features. With a Theatre Channel account, you may be able to like and comment on videos, join our community and more.
To protect your Theatre Channel account, keep your password confidential. You should not reuse your Theatre Channel account password on third-party applications.
Your Information
Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the Service
We will process any audio or audiovisual content uploaded by you to the Service in accordance with the The Theatre Channel Data Processing Terms.
Permissions and Restrictions
You may access and use the Service as made available to you, as long as you comply with this Agreement and the law. You may view or listen to Content for your personal, non-commercial use. You may also show The Theatre Channel videos through the embeddable The Theatre Channel player.
The following restrictions apply to your use of the Service. You are not allowed to:
access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except:
as specifically permitted by the Service;
with prior written permission from The Theatre Channel and, if applicable, the respective rights holders; or
as permitted by applicable law;
circumvent, disable, fraudulently engage, or otherwise interfere with the Service (or attempt to do any of these things), including security-related features or features that:
prevent or restrict the copying or other use of Content; or
limit the use of the Service or Content;
access the Service using any automated means (such as robots, botnets or scrapers) except:
in the case of public search engines, in accordance with The Theatre Channel’s robots.txt file;
with The Theatre Channel’s prior written permission; or
as permitted by applicable law;
collect or use any information that might identify a person (for example, harvesting usernames or faces), unless permitted by that person or allowed under section 3 above;
use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations (spam);
cause or encourage any inaccurate measurements of genuine user engagement with the Service, including by paying people or providing them with incentives to increase a video’s views, likes, or dislikes, or to increase a channel’s subscribers, or otherwise manipulate metrics;
misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
run contests on or through the Service;
use the Service to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly screen videos or stream music from the Service); or
use the Service to:
sell any advertising, sponsorships, or promotions placed on, around, or within the Service or Content, other than those allowed in the Advertising on The Theatre Channel policies (such as compliant product placements); or
sell advertising, sponsorships, or promotions on any page of any website or application that only contains Content from the Service or where Content from the Service is the primary basis for such sales (for example, selling ads on a webpage where The Theatre Channel videos are the only content of value).
Reservation
Any right not expressly granted to you in this Agreement remains the right of The Theatre Channel or the respective rights holders. This means, for example, that using the Service does not give you ownership of any intellectual property rights in the Content you access (including any branding used on or displayed in the Service).
Develop, Improve and Update the Service
The Theatre Channel is constantly changing and improving the Service. As part of this continual evolution, we may make modifications or changes (to all or part of the Service) such as adding or removing features and functionalities, offering new digital content or services or discontinuing old ones. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. When the Service requires or includes downloadable software, that software may update automatically on your device once a new version or feature is available, subject to your device settings. If we make material changes that negatively impact your use of the Service or if we stop offering any part of the Service, we’ll provide you with reasonable advance notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues. We’ll also provide you with an opportunity to export your content from your Theatre Channel Account subject to applicable law and policies.
Your Content and Conduct
Uploading Content
If you become a content partner of The Theatre Channel, you may be able to upload Content to the Service. You may use your Content to promote your business or artistic enterprise. If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service. We may use automated systems that analyse your Content to help detect infringement and abuse, such as spam, malware, and illegal content.
Rights you Grant
You retain all of your ownership rights in your Content. In short, what belongs to you stays yours. However, we do require you to grant certain rights to The Theatre Channel and other users of the Service, as described below.
Licence to The Theatre Channel
By providing Content to the Service, you grant to The Theatre Channel a worldwide, non-exclusive, royalty-free, transferable, sub licensable licence to use that Content (including to reproduce, distribute, modify, display and perform it) for the purpose of operating, promoting, and improving the Service.
Licence to Other Users
You also grant each other user of the Service a worldwide, non-exclusive, royalty-free licence to access your Content through the Service, and to use that Content (including to reproduce, distribute, modify, display, and perform it) only as enabled by a feature of the Service.
Duration of Licence
The licences granted by you continue until the Content is removed as described below. Once removed, the licences will terminate, except where the operation of the Service, use of Content permitted before your removal, or the law requires otherwise. For example, removal of Content does not require The Theatre Channel to:
recall Content that is being used by other users within any limited offline viewing functionality of the Service; or
delete copies we reasonably need to keep for legal purposes.
Right to Monetise
You grant to The Theatre Channel the right to monetise your Content on the Service (and such monetisation may include displaying ads on or within Content or charging users a fee for access). This Agreement does not entitle you to any payments. Starting Sep 1, 2024, any payments you may be entitled to receive from The Theatre Channel under any other agreement between you and The Theatre Channel (including for example payments under The Theatre Channel Partner Program) will be treated as royalties. If required by law, Theatre Channel will withhold taxes from such payments.
Removing Your Content
You may request to remove your Content from the Service at any time by contacting our support team at info@thetheatrechannel.com. We may also be able to provide you a copy of your Content before removing it. You must request to remove your Content if you no longer have the rights required by these terms.
Removal of Content by The Theatre Channel
If we reasonably believe that any of your Content is
in breach of this Agreement or
may cause harm to The Theatre Channel, our users, or third parties, we reserve the right to remove or take down some or all of such Content.
We will notify you with the reason for our action unless we reasonably believe that to do so:
would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for The Theatre Channel or our Affiliates;
would compromise an investigation or the integrity or operation of the Service; or
would cause harm to any user, other third party, The Theatre Channel or our Affiliates.
Community Guidelines Strikes
The Theatre Channel operates a system of “strikes” in respect of Content that violates the The Theatre Channel Community Guidelines. Each strike comes with varying restrictions and may result in the permanent removal of your account from The Theatre Channel. If you believe that a strike has been issued in error, you may appeal by contacting us.
If your account has been restricted due to a strike, you must not use another channel to circumvent these restrictions. Violation of this prohibition is a material breach of this Agreement and Theatre Channel reserves the right to terminate your Theatre Channel account or your access to all or part of the Service.
Copyright Protection
If you believe your copyright has been infringed on the Service, please send us a notice.
Account Suspension and Termination
Terminations by You
You may stop using the Service at any time. You can also delete the Service from your Theatre Channel Account, which involves closing your The Theatre Channel channel and removing your data.
Terminations and Suspensions by The Theatre Channel
The Theatre Channel reserves the right to suspend or terminate your Theatre Channel account or your access to all or part of the Service if:
you materially or repeatedly breach this Agreement;
we are required to do so to comply with a legal requirement or a court order; or
we reasonably believe that there has been conduct that creates liability or harm to any user, other third party, The Theatre Channel or our Affiliates.
Notice for Termination or Suspension
We will notify you with the reason for termination or suspension by The Theatre Channel unless we reasonably believe that to do so:
would violate the law or the direction of a legal enforcement authority;
would compromise an investigation;
would compromise the integrity, operation or security of the Service; or
would cause harm to any user, other third party, The Theatre Channel or our Affiliates.
Effect of Account Suspension or Termination
If your Theatre Channel account is terminated or your access to the Service is restricted, you may continue using certain aspects of the Service (such as viewing only) without an account, and this Agreement will continue to apply to such use. If you believe your that the termination or suspension has been made in error, you should contact us immediately.
About Software in our Service
Downloadable Software
When the Service requires or includes downloadable software, unless that software is governed by additional terms which provide a licence, The Theatre Channel gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by The Theatre Channel as part of the Service. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by The Theatre Channel, in the manner permitted by this Agreement. You are not allowed to copy, modify, distribute, sell, or lease any part of the software, or to reverse-engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have The Theatre Channel’s written permission.
Open Source
Some software used in our Service may be offered under an open-source licence. There may be provisions in an open-source licence that expressly override some of these terms. If so, we will make that open-source licence available to you.
Other Legal Terms
Warranty
We provide the Service with reasonable care and skill.
Disclaimer
By law, consumers have certain rights that cannot be excluded or altered by a contract. Nothing in this Agreement affects those rights you may have as a consumer. Other than as expressly stated in this Agreement or as required by law, The Theatre Channel does not make any specific promises about the Service. For example, we don’t make any promises about: the Content provided through the Service; the specific features of the Service, or its accuracy, reliability, availability, or ability to meet your needs; or that any Content you submit will be accessible or stored on the Service.
Limitation of Liability
All users: Nothing in this Agreement is intended to exclude or limit any party’s liability for: death or personal injury; fraud; fraudulent misrepresentation; or any liability that cannot be excluded or limited by law.
To the extent permitted by applicable law, The Theatre Channel and its Affiliates will not be responsible for:
losses that were not caused by The Theatre Channel or its Affiliates’ breach of this Agreement;
any loss or damage that was not, at the time that this Agreement was formed between you and The Theatre Channel, a reasonably foreseeable consequence of The Theatre Channel or its Affiliates breaching this Agreement; or
the Content submitted by any user, or for the defamatory, offensive, or illegal conduct of any user.
Business Users only: If you are using the Service for the purpose of your trade, business, craft or profession, (a “Business User”), to the extent permitted by applicable law, the following limitations of liability will also apply:
The Theatre Channel and its Affiliates will not be responsible for lost profits, revenues, or data; loss of opportunity or anticipated savings; indirect or consequential losses, or punitive damages (in all cases whether such losses were foreseeable or not); and
The Theatre Channel and its Affiliates’ total liability for any claims arising from or relating to the Service is limited to the greater of:
the amount of revenue that The Theatre Channel has paid to you from your use of the Service in the 12 months before the date of your notice, in writing to The Theatre Channel, of the claim and
£500, whichever is greater.
Third-Party Links
The Service may contain links to third-party websites and online services that are not owned or controlled by The Theatre Channel. The Theatre Channel has no control over, and assumes no responsibility for, such websites and online services. Be aware when you leave the Service; we suggest you read the terms and privacy policy of each third-party website and online service that you visit.
About this Agreement
Changing this Agreement
We may change this Agreement, for example, to reflect changes to our Service or how we do business - for example:
when we add new products or features or remove old ones,
for legal, regulatory, or security reasons or
to prevent abuse or harm.
If we materially change this Agreement, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except
when we launch a new product or feature, or
in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don’t agree to the new terms, you should remove any Content you uploaded and stop using the Service.
Continuation of this Agreement
If your use of the Service ends, the following terms of this Agreement will continue to apply to you: “Other Legal Terms”, “About This Agreement”, and the licenses granted by you will continue in limited cases as described under “Duration of License”.
Severance
If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.
Assignment
The Theatre Channel may transfer all or part of this Agreement to an Affiliate or, if The Theatre Channel is sold, to a third party.
No Waiver
If you do not comply with this Agreement and we do not take action immediately, this doesn’t mean that we are giving up any rights that we may have (such as the right to take action in the future).
Governing Law
If you live in the United Kingdom this Agreement, and your relationship with The Theatre Channel under this Agreement will be governed by the laws of your country of residence, and legal proceedings may be brought in your local courts.