E‐mail: [email protected] | Phone: +44 808 175 6708
Terms & Conditions
Effective date: 1 August, 2024
1. Service
The Site and the Service, including all features and functionalities, instant streaming, our website and user interfaces, and all content and software associated therewith (the " service" or "service") are offered under the terms and conditions stated in this document, called Terms of Use ("Terms") together with the other agreements and documents referenced herein, including any future amendments to any of the foregoing (collectively, the "Agreement"). By using the Site and/or the Service, either as a Member User, a recipient of an e-mail from a registered user, or the user of ("you" or "your"), you agree to the Agreement. You agree the Agreement is a binding contract between you and Digilyte Ltd with its registered office in 43 Budham Way, Bracknell, Berkshire RG12 7PE UK VAT number: 442711417 (Digilyte Ltd, “we”), the company that owns and operates the website (the "Site"). If you do not wish to be bound to these Terms, you should immediately stop using the Site and the Service.
2. The Agreement
No contract or agreement is formed and you have no rights to the Service, unless and until Digilyte Ltd has agreed to provide you the Service. Digilyte Ltd may amend or modify the Agreement at any time, without prior notice. The changes become effective immediately upon posting such amended or modified terms on the Site or if Digilyte Ltd otherwise notifies you of such amended or modified terms. If you continue using the Site and/or the Service after Digilyte Ltd so posts or provides such notice of such amendments or modifications, you have accepted the Agreement as amended or modified. If you do not accept and abide by such amended or modified Agreement, you should not use the Site or the Service. We may refuse any application to use the Services for any reason whatsoever.
3. License & Content
License
Digilyte Ltd is pleased to grant you a non-exclusive limited license to use the Digilyte Ltd Services, including accessing and viewing the Content on a downing-only basis through the site, for personal, non-commercial purposes as set forth in these Terms. We reserve the right in our sole and absolute discretion to make changes and without notice in how we operate our service. Any description of how our service works should not be considered a representation or obligation with respect to how the service will always be working in the future. We are constantly making adjustments to our service and often these adjustments are not completely captured within these Terms of Use.
The Content
You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by Digilyte Ltd in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by Digilyte Ltd in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by Digilyte Ltd. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by Digilyte Ltd in writing. This prohibition applies even if you intend to give away the derivative materials free of charge..
Availability
The availability of the Content will change from time to time, and from country to country. The quality of the display of the content may vary from computer to computer, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. Digilyte Ltd makes no representations or warranties about the quality of your instant watching experience on your display.
Geographic Limitation
You may instantly watch the Content through the service only in geographic locations where we offer our service and have licensed such movie or TV show. The content that may be available to watch will vary by geographic location. Digilyte Ltd will use technologies to verify your geographic location.
Credentials
You will receive your unique login credentials via email, which will arrive within 5 minutes of your successful activation.
4. Support service
To use the Services, any device that you want to use it on shall meet the minimum requirements of the Site, i.e.: connection to the internet, web browser, Java Script, shockwave, flash. During the term and for Member Users, the Service includes (a) a reasonable amount of assistance in the use of the Service and reasonable diagnosing and attempting to resolve problems with the use or delivery of the Service, and (b) updates and revisions to the Site and Services that Digilyte Ltd elects to provide to Member Users generally (collectively, the "Support Services"). Support Services are only provided during Digilyte Ltd regular business hours and exclude weekends and Digilyte Ltd holidays. Digilyte Ltd may condition the timing and delivery of Support Services in whatever method or manner it chooses, which may include communication via email. In order to take advantage of the Support Services, you may be required to purchase additional or different equipment or services from third parties. Digilyte Ltd has no obligation to provide any other assistance, support, maintenance, or other services or to perform any assistance by any other method, such as at your location. If Digilyte Ltd, in its sole discretion, agrees to provide any additional services, such additional service shall be governed by these Terms and Conditions.
5. Fees and Payment
The applicable fees will be communicated to you through the Services and the Sites. This is a monthly subscription to the Service.
Your monthly subscription starts the moment you subscribe to the service for a fee of £39.99. If you do not unsubscribe, the Service will automatically renew on a monthly (30 days) basis and you as the user give permission for a monthly charge / fee of £39.99 via your credit card to occur.
The applicable fees for the recurring monthly subscription are displayed in your member area and welcome email.
In the event of an unsuccessful recurring payment, Digilyte Ltd reserves the right to apply a discounted membership rate, allowing you continued access to the Service. If this discounted rate cannot be processed successfully, a £3.00 administrative fee may be applied to maintain your subscription until the full or discounted subscription fee is successfully processed.
Digilyte Ltd, within the limits allowed by law, is not responsible for any inconveniences or damages caused by usage of the particular Payment Method, especially delays or impossibility to make payment. In such case you should complain about those services to their provider, in the manner provided by their terms and conditions. If the Payment was not accepted because of any reasons attributable to Digilyte Ltd, please contact us via e-mail address: [email protected]
Internet Access Charges
You are responsible for any costs you incur to access the internet.
6. Cancellation
Term
User has the right to cancel the subscription at any time starting from the time the registration was made. If the user chooses to cancel the subscription after the regular billing have started, the subscription will be cancelled immediately and the account will run out at the end of the period that have been paid for.
To cancel your account, you may go to your account settings and choose cancel account. You may also call us at or email us at : [email protected].
Service Termination
Except as stated below, you agree that Digilyte Ltd may modify, suspend, discontinue, or otherwise terminate the Service or the Agreement, on a temporary or permanent basis, at any time, in whole or in part, for any reason or no reason, with or without notice, and without liability to you. For example and without limitation, Digilyte Ltd may terminate or suspend your access to the Service for lack of use; for failure to pay account fees within the period of time designated by Digilyte Ltd; for registering more than one free account; for using multiple free accounts; for maintenance of the Site or performance of Support Services; for failure to follow the rules posted on the Site or in these Terms; for actions outside these Terms; or for any other reason determined by Digilyte Ltd. Unless you have violated the terms and conditions of the Agreement, if you are a Paid User, a material modification that negatively impacts the Service or a suspension, discontinuance, or other termination of the Service or the Agreement will occur at the end of the current term of the Service. Notwithstanding the foregoing, Digilyte Ltd may make a material modification that negatively impacts the Service or suspend, discontinue, or otherwise terminate the Service or the Agreement at any time by refunding you the prorated portion of the fees you have paid for the current term of the Service through the end of that term. Continuation of the Service by a Paid User after any such material modification or suspension constitutes the Paid User's agreement to waive any claim for any refund of fees.
Other Remedies
In addition or as an alternative to termination, cancellation, or discontinuance of the Site and/or the Service, Digilyte Ltd may take whatever action it deems necessary or convenient, in its sole discretion, in the event of your breach of Agreement. Such actions may include, without limitation, suspending your access to the Site and/or the Service, blocking your IP address, or any other technical or legal means at Digilyte Ltd disposal.
Effect of Termination
Upon expiration, termination, cancellation, or discontinuance of the Site and/or the Service, your right to use the Site and/or Service will cease in the time stated above, and you will have no right to access your account or any files or other content contained in your account, although residual copies may be retained in Digilyte Ltd system. Digilyte Ltd may retain any such files or other content at its discretion. Any suspension, termination or cancellation will not affect your obligations to Digilyte Ltd under these Terms of Use (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
7. Refunds
We will process any refund due to you (less any deductions due to us) without undue delay and not later than the earliest of 7 days from the date you notify us of your decision to cancel. Refunds will be credited to your card within a maximum of 14 days from this date. We will make the refund using the same means of payment that you used when you placed your order, unless you have agreed otherwise. These cancellation rights do not affect your legal rights.
8. Your responsibilities
You agree to use the Services for lawful, non-commercial, and appropriate purposes only. You agree to observe the ' Services, Content and embedding restrictions detailed above, and further agree that you will not access the Site or use the ' Services in a way that:
- - violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights.
- - uses technology or other means to access, index, frame or link to the Services (including the Content) that is not authorized by Digilyte Ltd (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Services)
- - involves accessing the Services (including the Content) through any automated means, including "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of the Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content)
- - introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment
- - damages, disables, overburdens, impairs, or gains unauthorized access to the Services, including 's servers, computer network, or user accounts
- - removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Services (including the Content)
- - uses the Services to advertise or promote services that are not expressly approved in advance in writing by Digilyte Ltd
- - collects personally identifiable information in violation of Digilyte Ltd Privacy Policy
- - encourages conduct that would constitute a criminal offence or give rise to civil liability
- - violates these Terms or any guidelines or policies posted by Digilyte Ltd
- - interferes with any other party's use and enjoyment of the Services
- - attempts to do any of the foregoing
Accordingly, you undertake that:
- - you will stream and watch Content for personal, private use only (and not for any direct or indirect commercial purpose)
- - you will not, and will not encourage or assist any other person to, copy, reproduce, lend, rent, broadcast, distribute or transmit any Content
- - you will not, and will not encourage or assist any other person to, circumvent, modify, remove, reverse-engineer, decompile, disassemble, alter or otherwise tamper with any security, encryption or other rights management technology or software that is part of any Content or part of the means by which we stream the Content to you
9. Suspension/Discontinuation
We hope not to, but we may change, suspend, or discontinue - temporarily or permanently - some or all of the Services (including the Content and the devices through which the Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that Digilyte Ltd may do so in Digilyte Ltd sole discretion. You also agree that Digilyte Ltd will not be liable to you for any modification, suspension, or discontinuance of the Services, although Digilyte Ltd may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, we may credit additional days of service to your account). However, if Digilyte Ltd terminates your account or suspends or discontinues your access to Services due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.
10. Copyright
All Content is owned by Digilyte Ltd (or our affiliates and/or third-party licensors (as applicable)), unless indicated otherwise. The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you without our prior written permission.
You acknowledge and agree that certain Content provided to you is the property of third-party licensors and without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions within these Terms against you.
11. Trademarks
The logo and all other product or service marks are trademarks of Digilyte Ltd. All other trademarks, logos, images, product and company names displayed or referred to on the Website or any Device are the property of their respective owners. Nothing grants you any licence or right to use, alter or remove such material.
12. Force Majeure
Digilyte Ltd will not be liable to you by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, failure of the internet or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to Digilyte Ltd infrastructure or connectivity to the internet or failure at an Digilyte Ltd co-location facility (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, Digilyte Ltd will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues, and for such further period of time that Digilyte Ltd may reasonably require to recover from the effects of such Force Majeure Event.
13. Disclaimer of Warranties
You expressly understand and agree that your use of the site and/or the service is at your sole risk. Digilyte Ltd and its suppliers provide the service "as is" and without any warranty or condition of any kind, express, implied, statutory, or otherwise, including, but not limited to, the implied warranty of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement. Digilyte Ltd makes no warranty that the site or the service will: meet your requirements or be uninterrupted, timely, properly stored or delivered, accurate, secure, error-free, or free of viruses or other harmful components, and the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations. Any material transmitted or otherwise obtained through the use of the service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the transmission of any such material.
14. Governing Law and Jurisdiction
These Website Terms shall be governed by and construed in accordance with United Kingdom law. You can bring legal proceedings in respect of Website Terms in the United Kingdom courts.
As a consumer, you will benefit from any mandatory provisions of the law. Nothing in these Website Terms, including the paragraph above, affects your rights as a consumer to rely on such mandatory provisions of local law.