Terms of Service & End User License Agreement (EULA)
Applicable from 22th August 2016
A previous version of the Terms of Service may be found here.
The following Terms of service and end user license agreement EULA constitute an agreement between you and Trilby Multimedia Ltd, and its affiliates (TrilbyTV). This EULA governs your use of Software and Services (as specified below).
“Software” means software programs published by Trilby Multimedia Ltd 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 Multimedia Ltd, 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 EULA. BY INSTALLING, USING OR ACCESSING THE TRILBYTV PLATFORM, YOU HEREBY ACCEPT THE TERMS OF THIS EULA.
If you do not accept the terms of this EULA, do not install, use or access the TrilbyTV Platform.
- Moderation 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 Multimedia 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 Acceptable Content Policy we reserve the right to remove it without notice.
- Cookies – Cookies collect data about your use of the platform which is then anonymised and used to help us improve our online services. Cookies remember your preferences and make the service easier for you to use. These cookies are placed on your device either by Trilby or by the third parties whose services we use as part of the TrilbyTV Platform. Some cookies are retained in your browser for only as long as you visit our website, while others persist for a longer period.
- Accuracy of Data and Content – Whilst we take steps to ensure the accuracy of the information accessed via the TrilbyTV Platform, we cannot guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material appearing on it. We have no responsibility for content provided by third parties and are merely providing access to such content to you. We have no obligation to verify the content of such information nor to edit any such information provided by third parties. We 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.
- Our Copyright – The TrilbyTV Platform comprising of the 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 “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 nor reproduced (in whole or part) for any other purpose including on or in connection another website, product or publication or for direct commercial gain.
- Your Copyright – All original video material uploaded to the TrilbyTV Platform by individuals is copyright to the individual. By uploading content you do not pass any rights to Trilby Multimedia Ltd and you retain full ownership of the uploaded content. Trilby Multimedia Ltd may wish to use your content in marketing or promotional activities in which case we will contact you and seek permission.
- Extent of License – Your purchase of one TrilbyTV license allows you to use the TrilbyTV Platform in your single institution or site. A multi-site license must be purchased if the TrilbyTV Platform is to be used in two separate institutions. We reserve the right to withdraw the service if we deem that you are using the system across more than one institution.
- 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.
- Warranty – The TrilbyTV Platform and its contents 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.
- 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.
- Governing Law and Jurisdiction – These conditions are governed by the laws of England and Wales.
- 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 issues with the above please get in touch with us using the information on our Contacts page.
Last updated: 21 July 2016