Terms of Service & End User License Agreement (EULA)

Applicable from 1st February 2018 (reviewed 1st Feb 2019)

Thank you for using TrilbyTV. The following Terms of service and end user license agreement EULA constitute an agreement between you and Trilby Multimedia Ltd “Trilby”, its affiliates and brands of which TrilbyTV is one. This EULA governs your use of Software and Services (as specified below).

“Software” means software programs published by Trilby including, but not limited to TrilbyTV and TrilbyTV Player. Software also includes updates and upgrades as well as accompanying documentation.

“Services” means all services made available by Trilby, including but not limited to TrilbyTV services accessed via our Software and via a web browser such as the Admin Dashboard.

Software and Services are collectively referred to as the “TrilbyTV Platform”.

THE SOFTWARE IS LICENSED, NOT SOLD. YOUR USE OF THE TRILBYTV PLATFORM IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS DOCUMENT. BY INSTALLING, USING OR ACCESSING THE TRILBYTV PLATFORM, YOU HEREBY ACCEPT THE TERMS OF THIS DOCUMENT.

If you do not accept the terms of this document, do not install, use or access the TrilbyTV Platform.

  1. Moderation & Administration Responsibilities – Content uploading can be performed by any user who has access to the TrilbyTV platform. When they register, a user enters a Sign Up Code which links them to an individual institution. Anyone at that institution who has Moderator privileges can then assess and approve content for display to others in the same institution. Trilby takes NO responsibility for the content uploaded or for the moderation process. However if an uploaded item is deemed in breach of our Privacy Notice and/or Acceptable Content Policy we reserve the right to remove it without notice.
    1. You shall ensure that users not store on, or distribute or transmit via, the TrilbyTV Platform any virus or any material that is unlawful, harmful, threatening, defamatory, obscene, harassing or racially or ethnically offensive; facilitates illegal activities; depicts sexually explicit images; promotes unlawful violence; or is in breach of a third party’s Intellectual Property Rights.
  2. Users – When registering as a new user or adding a users information to the TrilbyTV Platform you must ensure that a secure and confidential password is used. You should ensure that this password is kept safe and secure against unauthorised use. Passwords should be changed periodically and all users have the ability to do this in their Profile settings. When linking to a domain for third party authentication (via Google or Microsoft) password security is controlled by the third party authenticator and is not the responsibility of Trilby.
  3. Accuracy of Data and Content – Whilst Trilby will take steps to ensure the accuracy of the information accessed via the TrilbyTV Platform, Trilby cannot guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material appearing on it. Trilby has no responsibility for content provided by third parties and is merely providing access to such content to you. Trilby has no obligation to verify the content of such information nor to edit any such information provided by third parties. Trilby do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any third party details and you acknowledge that any reliance on such information will be at your own risk.
  4. Our Copyright – The TrilbyTV Platform comprising of TrilbyTV app, the website and all materials, text, code, content, software, graphics, photographs, illustrations, artwork, photographs, names, logos, marks, formats, files, graphics, devices and links contained in it or linked to it (together ‘the Content’) are protected by copyright, and other rights of intellectual property owned by us. Anyone accessing the TrilbyTV Platform is entitled to view any part of it. However, the Content must not be used or reproduced (in whole or part) for any other purpose including on, or in connection with, another website, product or publication or for commercial gain.
  5. Your Copyright – All original materials uploaded to the TrilbyTV Platform by individuals is copyright to the individual. By uploading content you do not pass any rights to Trilby or TrilbyTV and you retain full ownership of the uploaded content. Trilby may wish to use your content in marketing or promotional activities in which case we will contact you and seek permission.
  6. Extent of License – Education users, your purchase of one TrilbyTV license allows you to use the TrilbyTV Platform in your single institution or geographically located site. A multi-site license must be purchased if the TrilbyTV Platform is to be used in two or more separate institutions. For corporate users, one license permits playback at one location and on one screen, multiple licenses must be bought for multiple locations. We reserve the right to withdraw the service if we deem that you are using the system across more than one institution.
  7. Service Subscription & Payments – Your annual subscription fee is payable in advance and you will be notified of a pending renewal at least 60 days in advance. The annual subscription will run from the date at which you can first access the TrilbyTV Platform to 365 days in the future. We provide for a 30 day cooling off period; during which time, if confirmed by email, we can issue a full refund. In the event of an unresolvable issue, we may, at our discretion, issue a partial refund in accordance with applicable law.
  8. Availability – Subject to occasions outlined in this document and events of a global nature, Trilby shall make every effort and use reasonable endeavours to make the TrilbyTV Platform available 24 hours a day, seven days a week.
  9. Support – Trilby offers a remote support service in relation to setup, configuration and use of the TrilbyTV Platform. Working hours support is offered as part of the TrilbyTV Platform subscription and is offered by Email, Twitter, Web site, Web chat and Telephone.
    1. Our working day runs from 8.30am to 6pm GMT, Monday to Friday
    2. It is our policy to respond to all customers on the same working day. Requests received after 5pm may not be responded to till the next working day.
    3. We structure our priority and response to support requests based on a number of factors, our aim is to resolve…
      1. Platform Failure (no access to website and players off) within 3 hours (24×7)
      2. Platform Disruption (some users affected or degraded performance) within 6 hours (working hours)
      3. Minor disruption (where a single user is having access issues) within 24 hours (working hours)
      4. Sporadic issues (such as an individual content item not working) within 3 working days
    4. Resolution of an issue may require contact with the end user experiencing the issue, if the end user cannot be contacted then resolution times will be affected.
  10. Maintenance – The TrilbyTV Platform may sometimes require interruption of the service for maintenance. We will ensure we do all we can to minimise any disruption by performing maintenance tasks outside of working hours. The technical and administrative contacts provided by the end user will be notified of any scheduled maintenance. We reserve the right to interrupt the service at any time if emergency maintenance is required.
  11. Updates – As part of our commitment to improve and develop, updates will be provided from time to time to the TrilbyTV Platform. These updates may be provided without prior notice, typically we will issue a communication to users before, or on the day of, their release. Additional features which are part of the core product will be included in the existing subscription. We may add additional features that extend the product and these ‘add-ons’ may be charged for separately, the ‘Extra Storage’ option is an example of this.
  12. Warranty – The TrilbyTV Platform and its content is provided “as is”; excluding warranties of any kind, either express or implied, to the fullest extent permissible under applicable law. We accept no liability for functions contained in the app or on the site and make no warranty that the site will operate uninterrupted or error-free or that any defect will be corrected. We do not warrant that the site or its server is free of errors, viruses, and we shall not be liable for any damage you may suffer as a result of such errors.
  13. Limitation of Liability – You acknowledge that your use of the TrilbyTV Platform and its content is at your own risk. Except for liability which we cannot by law restrict or exclude, we shall have no liability to you or any third party for any direct, indirect or consequential damages (including loss of profits), or any other damages of any kind whether based on warranty, contract, tort (including negligence) or otherwise. Applicable law may not allow the limitation or exclusion of liability of certain damages, so this limitation or exclusion may not apply to you in its entirety.
  14. Governing Law and Jurisdiction – These conditions are governed by the laws of England and Wales.
  15. Any changes to this notice may be made from time to time and will come in to effect 30 days from the change date, the current version will always be displayed on the TrilbyTV website.

If you have any comments or questions concerning the above please get in touch with us using the information on our Contacts page.

 

Last reviewed: Feb 1, 2019