1. ABOUT US
1.1 This BOC Site is owned and operated by Ocelot Productions Limited, a company incorporated under English law (company number: 1959814) and whose registered office is at Regis House, 134 Percival Road, Enfield, Middlesex, EN1 1QU
1.2 If You would like to make a complaint about or report to Us anything contained on the BOC Site, please contact us using the following details:
Address: 18A St. John's Avenue, London, SW15 2AA
2. ACCESS AND USE OF THE BOC SITE
2.4 You may not use the BOC Site in any improper or unlawful manner or in breach of any legislation or licence that applies to You.
2.5 Without limiting the foregoing, You agree that when using the BOC Site You will not:
(a) copy, reproduce, display, sell, licence, transmit, distribute or broadcast via any medium any part of the BOC Site including, without limitation, any User Generated Content (as defined in clause 7 below) without Our prior written consent;
(b) harass others or disclose personal information about others that could amount to harassment;
(c) publish, post, upload, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, harmful, confidential, libellous, hateful, threatening or otherwise illegal material or information or anything which might constitute a criminal or civil offence;
(d) omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses or otherwise manipulate identifiers to disguise the origin of any content;
(e) upload files that contain software or other material which are the intellectual property rights of any third party or which are protected by rights of privacy or publicity of any third party without having received all necessary consents;
(f) upload files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of the BOC Site or any other computer;
(g) alter or modify any part of the BOC Site or any of the services provided by the BOC Site (including but not limited to the BOC Player and its related technologies) nor modify, build upon or block any portion or functionality of the BOC Player including but not limited to links back to the BOC Site;
(h) access any content contained on the BOC Site through any technology or means other than the video playback pages of the BOC Site itself, the BOC Player, or such other means as BOC may explicitly designate for this purpose;
(i) circumvent, disable or otherwise interfere with any security related features of the BOC Site or features that (i) prevent or restrict use or copying of content or (ii) enforce limitations on use of the BOC Site or the content accessible via the BOC Site;
(j) use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Service in a manner that sends more request messages to the BOC servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser;
(k) create multiple logins;
(l) impersonate others;
(m) use the information available on the Site for any illegal, immoral or anti-social purpose, in violation of any applicable laws or regulations or in a manner which is or may be damaging to Our name or reputation or promote any activity that is illegal; or
(n) use software to harvest information from the BOC Site.
2.6 You agree to comply with all reasonable instructions that we may give You regarding Your use of the BOC Site.
2.7 You agree that You are responsible for your own communications and that you will not post, disseminate or transmit any content that: (1) contains personally identifiable information belonging to minors; or (2) is for commercial purposes or contains advertising or is intended to solicit a person to buy or sell services or to make donations.
2.8 You are responsible for obtaining (at Your own cost) all necessary equipment and telecommunications services required to access the BOC Site. You are also responsible for ensuring that no person uses Your equipment to access the BOC Site without Your permission. We will be entitled to assume that anyone who accesses the BOC Site using Your equipment has Your permission to do so and You will be responsible for any charges, costs or liabilities that may be incurred by any such persons.
3.1 By registering as a member of the BOC Site (a "Member") you will be able to view all public content and selected "BOC Master's Content", upload/embed your own videos and images for personal, non-commercial purposes as well as be "ranked" and gain "BOC Points" [see caluse 9.2]. In order to view all BOC Master's Content you will need to be a Member and to purchase a Day Pass (entitling the purchaser to access all premium content for 24 hours) or a Full Master Pass (entitling the purchaser to access all premium content for 1 year). You may not use the BOC Site for commercial purposes unless You have a valid agreement with Us in writing.
3.2 By registering as a Member, You agree that (a) all registration information You submit is truthful and accurate; and (b) You will maintain the accuracy of such information. We may terminate Your membership without warning if we have any reason to believe that You are under 13 years of age.
3.4 Once you have registered, it is Your responsibility to keep Your username and password secret. We will be entitled to assume that any person logging in using Your username and password is either You or someone doing so with Your permission. You will be responsible and liable for any actions of any person logging into the BOC Site using Your username and password (including, without limitation, posting information and uploading videos and images). Therefore, You should notify us immediately if You suspect that anyone else knows Your username and password or that anyone has logged in as You.
3.5 We may at any time and for any reason refuse to accept a registration from any person.
4.1 Access to and registration as a Member of the BOC Site is currently free of charge (although You may be charged to purchase items via the BOC Site). We may stop offering the BOC Site free of charge at any time, but we will inform You by email if we decide to make a charge on any of our services and give You a reasonable length of time to terminate Your registration if You wish to do so.
4.2 Access to premium content and certain features and applications on the BOC Site will require the purchase of a Day Pass or a Full Member's Pass. All payments for a Day Pass or a Full Master's Pass must be made in advance in Pound Sterling or any other currency specified by and/or accepted by Us and shall be subject to the provisions of clause 11 below.
5. OTHER SITES
5.1 The BOC Site may contain links to other websites that are owned by Us and/or links to third party websites that are not under Our control. By way of example, we have provided links to our pages on certain third party social networking BOC Sites including Facebook, YouTube and Twitter. We make no warranties or representations whatsoever about any other websites which You may access through the BOC Site or any services that are provided by any such websites. Third party websites are in no way approved, vetted, checked or endorsed by Us and You agree that we shall not be responsible or in any way liable for the content, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality of any products or services available on such sites. Links do not necessarily imply that we are or the BOC Site is affiliated to or associated with such third party sites. If You decide to visit any other website, You do so at Your own risk. In addition, use of any other website may be subject to Your acceptance of additional terms and conditions, which we suggest You read carefully before proceeding.
6. USER GENERATED CONTENT
6.1 From time to time the BOC Site, or any of the individual applications on it, may include functionality to enable you to contribute User Generated Content (as defined in clause 7 below) to the BOC Site. However:
(a) You must not submit any confidential, defamatory, offensive, infringing, obscene, indecent or otherwise unlawful or objectionable material or information nor use the BOC Site for any chain letters, junk mail, ‘spamming' material or any other form of bulk communication;
(b) You must not submit any content or material the Intellectual Property Rights (as defined in clause 7 below) in which are owned by any third party;
(c) You must not submit any material which is prohibited by the Data Protection Act 1998 or any other applicable data protection or privacy legislation; and
(d) You may only upload or submit material to the BOC Site which either You own or which You have the permission of the owner of that material to submit.
6.4 You are responsible for Your relationship with other members of the BOC Site. However, we reserve the right, but are not obliged, to monitor disputes between You and other members.
6.5 You agree that You shall indemnify us against any loss, liability, claim, damage or expense incurred by us arising out of any breach by You of this clause 6.
7. INTELLECTUAL PROPERTY
(a) "Intellectual Property Rights" means patents, registered and unregistered trade marks and service marks, domain names, registered designs and design rights, copyright (including such rights in computer software and databases), database rights and moral rights (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings and computer programs; and
(b) "User Generated Content" means any text, files, images, photos, videos or works of authorship that you contribute to the BOC Site (but shall not include any content, materials or information that you have downloaded, copied or otherwise obtained from the BOC Site, which you hereby acknowledge is owned by us or our licensors).
7.2 We do not claim any ownership of any Intellectual Property Rights in your User Generated Content. After posting User Generated Content, you retain all rights of ownership which you have subsisting in it and you may use the User Generated Content in any way you choose (provided it does not breach any of these Terms of Service).
7.3 You warrant that you own the Intellectual Property Rights in and to all User Generated Content that you submit to the BOC Site or you are otherwise entitled to submit the same to the BOC Site. You agree that you shall indemnify us against any loss, liability, claim, damage or expense incurred by us arising out of any breach by you of this Clause 7.3.
7.4 You hereby grant us the right to publicly perform, reproduce, display, modify, manage, distribute and store any of Your User Generated Content as part of the BOC Site or as part of any materials used to promote or advertise the BOC Site anywhere in the world. You are free to use Your User Generated Content outside of our BOC Site in any way You choose and in turn we shall not distribute or sell any of Your User Generated Content outside of our BOC Site without your permission.
7.5 We will not be under any obligation whatsoever to pay You for any of the User Generated Content on our BOC Site.
7.6 Save in respect of the User Generated Content, all Intellectual Property Rights in and to the BOC Site and all content, materials and information contained in or appearing on the BOC Site are owned by and shall remain owned by us or our licensors.
7.7 You may view, download and print any content, materials and information made available to You through the BOC Site subject to the following conditions:
(a) the content, material and information may only be used for Your personal and non-commercial purposes;
(c) the content, material and information may not be modified or altered in any way;
information may not be distributed or sold to any third party;
(e) You may not remove any copyright or other proprietary notices contained in the content, material or information.
8. MONITORING OF THIRD PARTY CONTENT; NOTICE AND TAKE-DOWN
8.1 You acknowledge that we do not actively monitor any third party content or content appearing on the BOC Site which derives from a third party BOC Site and we shall not be responsible or liable for any such content including, without limitation, any third party content:
(i) which is defamatory, discriminatory, obscene, offensive, confidential or otherwise unlawful; and/or
(ii) in which the Intellectual Property Rights are owned by a third party and such third party has not provided its consent to use such content in the manner it has been used; and/or
(iii) which is prohibited by the Data Protection Act 1998 or any other applicable data protection laws.
8.2 If we are informed or if we suspect that any material on the BOC Site infringes the intellectual property or other proprietary rights of any third person or is otherwise unlawful, then we reserve the right to remove such material from the BOC Site. We also reserve the right to remove any material that we consider to be offensive, insulting, defamatory, obscene, indecent, objectionable or otherwise inappropriate. If You have any concerns or queries about material which appears on the BOC Site (including if You believe that any content displayed on the BOC Site has violated Your Intellectual Property Rights) please email us at: Copyright@Bookofcool.com
8.3 We reserve the right to terminate user access to the BOC Site (including the termination of any member's purchased access to premium content) if any user of the BOC Site has been determined by Us (in our absolute discretion) to be a repeat infringer.
9. COMPETITIONS, PRIZE DRAWS AND POINTS
9.1 From time to time we may offer entry into competitions and prize draws through the BOC Site, and these may be subject to additional terms and conditions. Where such additional terms and conditions apply, this will be clearly notified to You on the BOC Site and a link will be provided in order for You to read and accept the relevant terms and conditions before You enter the competition or prize draw.
9.2 Points: As a registered user you will gain BOC points for various actions you perform on the site. These actions include, but are not limited to, sharing content from BOC to other third party sites, uploading or embedding content within BOC, using the five star rating system to 'judge' content within BOC, watching BOC videos and images, notifying your 'friends' through social networks about BOC, friends you have notified then becoming members of BOC and purchasing goods and/or passes from BOC. Your BOC points will have no monetary value and cannot be redeemed for any direct financial reward. From time to time we may make certain offers or provide certain benefits to holders of BOC points. All such offers and benefits shall be subject to terms and conditions notified at the time such offer or benefit is advertised by us on the Site. We do not guarantee that any such offer or benefit will be made or provided.
10. PURCHASE OF PRODUCTS
10.1 You may place an order to purchase a product advertised for sale on the BOC Site by following the onscreen prompts after clicking on the item you are interested in. You will have an opportunity to check and correct any input errors in your order up until the point at which you submit your order (by 'submitting your order' on the 'review and confirm' page of the checkout procedure).
10.2 All orders placed by you are subject to acceptance by us. We may choose not to accept your order for any reason and will not be liable to you or to anyone else in those circumstances. On any such occasion We will email you to make you aware as soon as it is possible to do so.
10.3 You will receive an email, once your order is in process detailing your order reference and details of the product(s) you have ordered. Please note that this email is an acknowledgement only and is not an acceptance of your order.
10.4 Acceptance of your order and the formation of a contract between you and Us will take place when We send you an email confirming that the products you have ordered are being dispatched to you, unless We have notified you that We do not accept your order or you have already cancelled it in accordance with the provisions below.
10.5 Although We endeavour to give accurate stock availability information on the BOC Site occasionally products you order may not be available. If this happens We will cancel your order, send you an email to confirm the cancellation and any sum debited by Us from your debit/credit card will be refunded in full to the same card.
10.6 Subject to availability, We will use reasonable endeavours to deliver the products you have ordered as soon as possible after your order is accepted by us. You shall be given an estimated time for delivery at the time your order is placed. If the goods are not available for delivery within 30 days of being ordered you shall be entitled to cancel your order and receive a full refund of any monies paid.
10.7 We do not ship to PO Box addresses. For further information about our delivery areas, delivery charges and estimated delivery times please contact us at email@example.com
10.8 Delivery charges will be clearly set out when you place your order and will be added to the total amount due once you have selected a delivery service from the options available.
10.9 We deliver the products ordered to the valid delivery address which you supply. Orders over US$100 can only be dispatched to the card holder's address. We cannot deliver items within the same order to multiple addresses.
10.10 We will advise you by email if there is likely to be a delay in dispatching your order. We reserve the right at Our discretion to ship orders only to the billing address.
10.11 If you order two or more items from Us and one of those items is not in stock, We will contact you (using the details you provide to us when ordering or in your Site account) to discuss changes to your order. There will be no extra postal charges for orders where delayed items are sent separately
10.12 Once delivered (or collected), the products ordered will become your property (provided they have been paid for in full) and your responsibility. Except in relation to products that are damaged or faulty when delivered or which have been incorrectly delivered, We will not accept any liability for their loss, damage or destruction after they have been delivered.
10.13 Due to customs, legal, regulatory and certain practical restrictions applicable to orders placed for non-UK deliveries, some of our products may not be available for delivery to certain destinations outside of the UK. We reserve the right to define what can and cannot be delivered to destinations outside of the UK.
10.14 Please note that many countries have import restrictions on certain products or materials. The products you order for delivery to destinations outside the UK may be subject to duties, taxes or additional levies upon importation. These duties or taxes are levied once the product reaches the country of destination and you are responsible for paying any such costs.
10.15 Please note that you will be considered the importer of record when ordering goods from this Site for delivery overseas. You are responsible for determining whether there is any restriction on delivery of our products to your selected destination and you must comply with all laws and regulations of the country in which you are receiving the goods. We recommend you contact your local customs authority or post office (where applicable) to learn more about customs restrictions and possible costs prior to placing an order.
10.16 You may cancel your order (or any part of it) at any stage before it is delivered to you. Please note that it may not be possible to stop dispatch of the products you have ordered and you will need to return the products in accordance with the provisions set out below.
10.17 You may also cancel your order up to fourteen (14) days after delivery of the order to you. You may cancel your order by contacting Us by email or post. Unless items are damaged or faulty when delivered, you may only cancel your order if the items are as new, in a saleable condition, unused, undamaged and still in the original sealed packaging.
10.18 All products should be returned within 14 days of you cancelling your order. Until such time as they are returned to Us, you must retain possession of the items and take reasonable care of them. You can return goods directly using the postage-paid label you will receive with your goods (although international customers should
note that they are responsible for the cost of returning products where the postage-paid label does not cover such costs).
10.19 All products must be returned with the original packaging. Products should be posted in appropriate protective packaging. We advise that on any return you obtain a certificate of posting and retain this for your records and that you take out sufficient postal insurance to cover the value of the returned products.
10.20 If you cancel your order, any sum debited by Us from your debit/credit card will be refunded in full to the same card.
10.21 In the unlikely event that any product you purchase is damaged or faulty when delivered to you, or is not what you ordered, We may offer a repair, exchange or refund as appropriate, in accordance with your legal rights. If you believe a product is faulty or damaged prior to delivery to you please return of product using the postage-paid label you will receive with your goods. Our policy on damaged and faulty products does not affect your statutory rights.
11.1 Payment for products, Day Passes and Full Master's Passes can be made by the methods stated on the BOC Site as being available to You from time to time. You warrant and represent that You are the account holder of the bank account details You submit or that the credit card or debit card that is being used is Yours. All credit card debit card holders are subject to validation checks and authorisation by the card issuer. You are responsible for all fees incurred to access any service on the BOC Site by anyone using Your username and password.
11.2 We take all reasonable care to make the BOC Site secure. All credit card and debit card transactions on this site are processed using a secure online payment gateway that encrypts your card or bank account details in a secure host environment. If you have purchased a Day Pass or Full Master's Pass and are given the option to have your credit card or debit card remembered, your payment details will be stored on the systems of our payment partner. These details will be fully encrypted and only used to process any automatic periodic payments or other transactions which you have initiated. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the BOC Site.
12.1 We will exercise all reasonable skill and care in providing the BOC Site. We are not able to guarantee the availability of the BOC Site or the accuracy, completeness, currency or reliability of any content, materials or information on the BOC Site that derives from third parties (including, without limitation, any of our third party partners).
12.3 Without limiting the foregoing, we cannot guarantee and do not promise that the BOC Site and all materials and information provided through it will meet Your requirements. Therefore we advise You to check any materials or information provided to You through the BOC Site as any reliance that You place on the accuracy, completeness, currency or reliability of that information is at Your own risk.
12.4 Many of the activities and skills undertaken in the videos contained on the BOC Site are dangerous and should only be undertaken by persons with the necessary experience and skills, utilising and/or in compliance with all necessary safety equipment or requirements and/or with the benefit of qualified tuition. You should not attempt to undertake any such activities except under the supervision of suitably qualified tuition.
13. LIMITATION OF LIABILITY
13.2 Subject to clause 13.1, You agree that we shall not be liable for: (a) any direct loss, claim or damage; (b) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind (including but not limited to lost savings or loss or corruption of data); or (c) any loss of profit (whether direct or indirect), in each case whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this BOC Site or its contents or any competitions or prize draws which are entered via the BOC Site; (ii) any failure or delay in the use of any component of the BOC Site or any service including, without limitation, any unavailability of the BOC Site or the services irrespective of duration of any period of unavailability; or (iii) any use of or reliance upon any information, material, software, products, services and related forewarned of the possibility of such loss or damage.
13.3 Without limiting the effect of clause 13.2, due to the inherent risks of using the internet, we cannot be liable for any damage to, or viruses that may infect, Your computer equipment or any other property when You are using or browsing the BOC Site. The downloading or other acquisition of any materials or information through the BOC Site is done at Your own discretion and risk and with Your agreement that You will be solely responsible for any damage to Your computer system or loss of data that results from the downloading or acquisition of any such materials.
13.5 We will notify You of any such claims or proceedings and keep You informed as to the progress of such claims or proceedings.
14.1 We may remove the BOC Site or cease the provision of any of the services, or terminate Your registration with the BOC Site at any time in our sole discretion for any reason whatsoever.
14.2 You shall be entitled to terminate Your registration with the BOC Site at any time by written notice to us.
14.3 Termination of Your registration, howsoever caused, shall not affect the accrued rights and liabilities of either You or us as at the time of such termination.
15. DATA PROTECTION AND PRIVACY