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Terms and conditions last updated: March 1 2012
In these Terms and Conditions the following terms shall have the meanings set out below: "Electronic Device" means a computer, mobile phone, WAP phone, personal digital assistant, or other electronic device capable of accessing the Websites; "Micro Site" means any page on a Website;
"Playboy" means Playboy TV UK/Benelux Ltd the holding company of Playboy and any subsidiary from time to time of Playboy or its holding company, also referred to as "we", "us" and "our".
"Trade Marks" means any of the registered or unregistered trade marks owned by Playboy or its associated companies, which includes PLAYBOY, HTTP://WWW.PLAYBOY.COM, PLAYBOY CYBER CLUB , RABBIT HEAD DESIGN, PLAYMATE, PLAYMATE OF THE MONTH, PLAYMATE OF THE YEAR, PMOY, CENTERFOLD, PLAYBOY CENTERFOLD, MISS JANUARY, MISS FEBRUARY, MISS MARCH, MISS APRIL, MISS MAY, MISS JUNE, MISS JULY, MISS AUGUST, MISS SEPTEMBER, MISS OCTOBER, MISS NOVEMBER, MISS DECEMBER, CENTERFOLD COLLECTIBLES, CENTERFOLD MEMORABILIA, CLASSIC CENTERFOLD, CLUBLAND, FAST SERVE, GIRLS OF THE INTERNET, PLAYWARE, THE BACHELOR PAD, THE MOST VISITED GLOBAL ENTERTAINMENT SITE FOR MEN, SEXCETERA, PLAYBOY NEWS DESK, WORLD OF PLAYBOY, ADULT CHANNEL, CLIMAX3, CLIMAX, SPICE EXTREME, LOVE GODDESSES, LOVE GODDESSES OF HOLLYWOOD, SXTV, SAM GETS HER GIRL, SANDY-BABE ABROAD, DOUBLE and any associated word or device marks and combinations of the same, and any other trade marks as maybe added to this list from time to time.
You agree to abide by all applicable laws, regulations and codes of conduct and ensure that any content uploaded or distributed or stored by you does not infringe the rights of others.
All material on the sites and any material sent to you by e-mail or any other form from the Websites (the "content") or in any way relating to the Websites belongs to our licensors or us. You may retrieve and display content from the sites on the Electronic Device on which you first accessed it or downloaded it, print a single copy of individual pages on paper and store such pages for caching purposes only, all for your personal and non-commercial use alone.
We, or our licensors, own the copyright and all other intellectual property rights associated with the content save where otherwise stated.
You may not do any of the following without prior written permission from us:
-reproduce the content (other than allowed under this Acceptable Use Policy), or modify or in any way commercially exploit any of the content;
-redistribute any of the content (including using it as part of any library, archive or similar service);
-remove the copyright or trade mark notice(s) from any copies of content made in accordance with these Terms and Conditions;
-create a database in electronic or structured manual form by systematically downloading and storing all and any of the content. Requests to republish redistribute or syndicate content should be addressed to: webmaster@playboyplus.com
You acknowledge that we own the Trade Marks and that you may not use any of them without our prior written permission. Other product and company names and logos mentioned or displayed in the sites may be the trade marks, service marks or trading names of third parties. To check whether any product or service is a registered trade mark of ours please contact: webmaster@playboyplus.com.
In accessing the sites, or any one of them, you agree not to:
impersonate another person or use a false name or a name you are unauthorised to use or create a false identity or e-mail address or try to mislead others as to the identity or origin of any communications;
Modify access or make available data stored on a computer device which you have accessed through our network (unless otherwise permitted by the sites or these Terms and Conditions);
make available or upload files that contain software or other material, data or information not owned or licensed to you or collect information about others (eg names/addresses) without their prior consent; damage, interfere with or disrupt access to the sites or do anything which may interrupt or impair their functionality; make any commercial or business use of the Websites or resell or commercially benefit from any part or aspect of the sites; publish, post, distribute, disseminate or otherwise transmit defamatory, offensive, infringing, obscene, indecent or other unlawful or objectionable material or information; threaten, harass, stalk, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others; make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, "trojan horses", "worms" or any other harmful software; falsify the true ownership of software or other material or information contained in files made available via the sites; obtain or attempt to obtain unauthorised access, through whatever means, to the sites, other services or computer systems or areas of our or any of our partners' networks.
We retain the absolute right to prevent you from accessing the sites, without prejudice to any of our accrued rights, where we in our reasonable discretion consider that you are contravening our Acceptable Use Policy or any other term or condition of these Terms and Conditions, and we have informed you of your contravention or breach.
Where any of the sites (or Micro Sites on any of the sites) requires that you register in order to use them, you are obliged to provide accurate and complete registration information. It is your responsibility to update and maintain any changes to that information (including your e-mail address) by altering your details as appropriate.
Registration is for a single user only. On registration, where required you must choose a user name and password. We do not allow any of the following:
Any other person sharing your user name and password or pin number;
access through a single user name and password or pin number being made available to multiple users on a network.
We will not be liable for any unauthorised transactions made using your user name, pin number or password. When you register to use a site (or a Micro Site on any of the Websites), you will be obliged to click on an icon indicating that you have read, understood and accepted these Terms and Conditions. You will not be allowed to register unless you indicate your acceptance of these Terms and Conditions and any other terms and conditions that may apply.
It is your responsibility to ensure that your use of the Websites is not contrary to the laws of your country of residence.
You are also responsible to ensure you have reached the legal age as an adult in accordance with the law of your country of residence.
If you subscribe to any service on the site, and that service is access to a periodical, membership or magazine (whether electronic or paper), once you have subscribed to that service, you will not be entitled to cancel the subscription pursuant to the Consumer Protection Distance Selling Regulations 2000. Where you purchase any electronic content via the sites, you will also not be entitled to cancel that purchase pursuant to the Consumer Protection Distance Selling Regulations 2000 as the content cannot be returned once sent. If you purchase any other service from the site from a Playboy company, you will not be entitled to cancel that service once you have started to receive the service.
Subscription fees are not refundable in whole or in part, even in the event Subscriber's account is terminated. In the event of termination, Subscriber's account will remain active through the end of the subscription term. Subscriber understands that all Memberships renew automatically at the end of their subscription period until the Subscriber requests a cancellation by written.
Your cancellation rights in respect to any goods or services offered by a third party will be subject to the terms and conditions of that third party.
Playboy reserves the right at any time to charge fees for access to portions of the service or the service as a whole. In the event that Playboy so elects, it shall post notice in the My Playboy area of adultpack.com. Subscriber shall pay all fees and charges incurred through Subscriber's account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Service by Playboy or by any other vendor or service provider. All fees and charges shall be billed to and paid for by Subscriber. Subscriber shall pay all applicable taxes relating to use of the Service through Subscriber's account. Subscriber's right to use the Service is subject to any limits established by Playboy in its sole discretion.
Subscriber will not receive access to any service until subscription fees have been received by Playboy.
Where any goods or services offered via the sites requires payment: It is your responsibility to ensure that your Electronic Device has the necessary technical specification to receive or use any content purchased from the sites.
All amounts payable must be paid in full in pounds sterling (unless otherwise indicated) without any deductions or set offs.
If any payment is not paid on time, your payment is rejected or refused (including if you do not have sufficient credit in your prepaid mobile phone account) or you default in payment, the amount owing will be treated as overdue and we will be entitled immediately to cease or suspend the provision of the relevant service to you until payment has been received, or your credit topped up.
You must be the bill payer of the particular method of payment that you use to pay for any service, or alternatively you must get the prior permission of the bill payer. You are also responsible for any charges charged by a mobile phone network operator or internet operator. These charges may not be in addition to the price of the service. Those additional charges are outside our control, and we will not be responsible for refunding them to you.
All emails sent to you are commercial communication from Playboy TV UK/Benelux Limited.
We also send out email newsletter on weekly basis. Our email newsletter provides subscribers with the latest information on pictures, videos, news, prices, offers, products, services and competitions. We will only send our newsletter to users who have agreed to receive it.
When you agree to receive our newsletter we will ask for a minimum of your email address. Over time we may ask for additional personal information about you. Providing this information is voluntary and will be used to customise the content of your newsletter so it is relevant to you.
You can unsubscribe at any time and will be given the option to do so on our website and from each newsletter we send you.
We believe that the emails are virus free but we cannot guarantee this. Recipients should therefore check for viruses and similar harmful devices and we cannot accept liability for any which may occur.
We reserve the right to take such action as we in our sole discretion deem fit in respect of any e-mail which contains threatening, abusive, malicious, obscene, defamatory or otherwise illegal or inappropriate material. Unless you indicate to the contrary, all e-mails received by us from you are deemed to have been submitted, where appropriate, for publication, free of charge. If we decide to publish an e-mail from you on any of the Websites or in any of the Newspapers we will incur no liability to you by doing so. We will not disclose any personal information under any circumstances of any of our staff. Where appropriate we will endeavor to respond to e-mails within 3 days of receipt, but give no warranty that we will respond to any e-mail sent to us.
Playboy neither represents nor endorses the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the service by any Subscriber, information provider or any other person or entity. ADULTPACK.COM, THE SERVICE, THE ACCESS SOFTWARE (DEFINED HEREIN) AND ANY MATERIALS PROVIDED BY PLAYBOY OR THIRD PARTIES THROUGH THE SERVICE ARE PROVIDED "AS IS." PLAYBOY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH THE SERVICE. PLAYBOY SHALL NOT BE RESPONSIBLE TO THE SUBSCRIBER OR ANY THIRD PARTIES FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF CONTRACTS, LOSS OF CUSTOMERS, LOSS OF OPPORTUNITY, LOSS OF SAVINGS, LOSS OF GOODWILL OR REPUTATION, WASTED STAFF OR MANAGEMENT TIME, OR FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF THE SERVICE, THE ACCESS SOFTWARE OR ANY OF THE MATERIALS PROVIDED BY PLAYBOY OR THIRD PARTIES THROUGH THE SERVICE, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SERVICE OR THE ACCESS SOFTWARE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF PLAYBOY HAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. NOTHING IN THIS AGREEMENT SHALL BE DEEMED TO OR SHALL CONSTITUTE A RESTRICTION ON, OR EXCLUSION OF PLAYBOY'S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE.
You agree that we have no control over third party content and information which can be accessed using the sites and that we do not examine or edit the use to which you or others put the sites or the nature of the content or information being accessed and that we are excluded from all liability of any kind arising from such third party content or information. This applies to advertisements as well as websites offering goods or service. Except for death or personal injury caused by negligent acts or omissions, we shall only be liable to you for any loss or damage arising from your use of the sites which is a reasonably foreseeable consequence of a breach by us of these Terms and Conditions. You also hereby acknowledge that use of the service is at your sole risk.
We will not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
(i) we are not at fault for the errors or inaccuracies; or
(ii) the loss or damage is not foreseeable to both of us at the time of your initial acceptance of these Terms and Conditions; or
(iii) the loss or damage is a business loss or the losses were caused in the course of business, including losses relating to lost data, lost profits or business interruption.
We cannot and do not accept any responsibility for the computer equipment and telephone services which you use to access the sites, or for the security of the same. You will be responsible for the security of your own computer system and the transfer of any information from your computer system. We also cannot and do not accept responsibility for the loss or corruption of any material in transit, or the loss of or corruption of any material when downloaded onto any computer systems.
Where we are liable to you for any loss or damages, we will not be liable for any increase in loss or damage resulting from a breach by you of any term of these Terms and Conditions.
We reserve the right to remove any information/material we deem to be in breach of any of these Terms and Conditions without notice, and without prejudice to any other accrued rights, and/or to make available such information/material when required to do so by law or when requested to do so by regulatory bodies or law enforcement organisations.
Any goods or services purchased or obtained or offered to you through use of the sites, whether accessed directly or otherwise, are provided subject to the terms and conditions of the supplier of those goods or services. As such, unless otherwise stated, we make no warranty whatsoever in relation to those goods or services. We provide the sites on an "as is" basis and make no representations or warranties of any kind as to the sites or the content. We make no representations or warranties about the accuracy, completeness or suitability for any purpose of the content published on the sites. Any liability, however it occurs, for any such inaccuracies or errors are expressly excluded to the fullest extent permitted by law.
10.1 Software Security We are not responsible for any technical or other issues that may arise if you download software from an external third party website (e.g. Acrobat Reader) or upgrade your browser software to enhance your usage of the sites.
10.2 Software Licenses Users shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to user to access the internet Service ("Access Software"). Subscriber may not sublicense, assign or transfer any licenses granted by Playboy, and any attempt at such sublicense, assignment or transfer is void. Subscriber may not copy, distribute, modify, reverse, engineer or create derivative works from Access Software.
The sites may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Websites complies with applicable laws, codes and regulations. We exclude to the fullest extent permitted by law any responsibility for any error or inaccuracy appearing in any advertising or sponsorship material. Please refer to our Privacy Policy notice in relation to the use of cookies in connection with the targeting of potential advertisers.
We may from time to time run competitions, free prize draws and/or other promotions on the sites and may offer content the access to and use of which, incurs a charge.
12.1 If you register for any competitions offered via this site, the competition rules set out in this Clause 13, together with any other specific entry instructions or rules posted on this Website by Playboy, and these User Terms (together the "Competition Rules"), shall apply.
12.2 All competitions, promotions, prizes or other give-away offered by Playboy from this site("Competitions") are only open to individuals who are registered on the site who are aged 18 or over except for employees (and their families) of any Playboy Group Company or anyone else connected with the Competitions ("Entrant(s)").
12.3 Notwithstanding Clause 13.2 above, entrants must be above the age of 18 to enter any Competitions on the site. Playboy reserves the right to refuse to provide any prize to a winner who is under the age of 18 where Playboy cannot legally provide such Competitions' prizes to such winners under the age of 18.
12.4 Notwithstanding Clause 13.2, all Entrants must register for the relevant Competitions by giving their correct name and address together with their e-mail address. By registering for the relevant Competitions, you acknowledge that you have read and agree to the provisions contained in the Competition Rules.
12.5 For the purposes of the Data Protection Act 1998, you acknowledge that in the course of entering a Competition on this Web Site, certain personal information or data about you will be captured electronically or otherwise and transmitted to Playboy. By entering into any Competition, you expressly agree to transfer such personal information or data to Playboy to use, store and process the personal information for the purposes of such Competition on this Web Site. Please check our privacy policy and refer to the registration page for your right to opt out of receiving information from Playboy.
12.6 By registering for any Competitions, agree to the use of your name and photographs or sections of moving pictures and sound recordings for publicity material in any PLAYBOY publications in any media, including allowing your name to be published on the site if you are a prize winner.
12.7 Unless specifically stated, no purchase is necessary to enter any competitions on the site.
12.8 Prizes are as stated in the Competitions' details on the site.
12.9 Playboy will not offer cash alternatives in whole or in part for any prizes offered.
12.10 An Entrant may only win one prize per Competition. Entries to any competitions are limited to one per household.
12.11 All entries become the absolute property of Playboy and will not be returned to Entrants unless otherwise stated by Playboy on the site.
12.12 Fraudulent, illegible, multiple or incorrectly completed entries will be disqualified and no responsibility can be accepted by PLAYBOY for any delayed, lost or misplaced entries. Proof of winners' eligibility to enter the prize draw may be required.
12.13 Prizes are allocated randomly from correct entries received unless otherwise stated in the Competition Rules on the site. The Judge's decision is final and no correspondence will be entered into.
12.14 Playboy reserves the right without notice to you, to remove any Competitions from the Website or to suspend or alter any Competitions on the site, at its sole discretion for legal or technical reasons. Playboy will give Entrants as much notice as possible prior to taking any of the actions described in this clause by posting such notice to the site, but prior notice may not always be feasible for a variety of reasons.
12.15 Competitions are run subject to English law. Playboy makes no representation that the Competitions comply with the law of any other country other than the United Kingdom or that any prizes offered in Competitions are appropriate for use, or are legally able to be offered, in the country where Entrants reside. Those who choose to enter any Competitions on the site are solely responsible for compliance with local laws and regulations if and to the extent they are applicable. If an Entrant has not checked and established that it can lawfully enter any Competitions on the Website, then Playboy shall not be liable to the Entrant for any loss or damage caused by the Entrant's failure to carry out such checks.
12.16 Playboy reserves the right to refuse to provide prizes offered in any competitions where it is illegal for Playboy to provide such prizes to Entrants in the country where such Entrants reside. In these circumstances, Playboy may, at its sole discretion, make an equivalent prize or a cash alternative available to the winner.
12.17 Each Entrant agrees that, by entering into any Competitions on the site, it waives any rights it has which are capable of being waived under the Entrant's local law which relate to Competitions.
12.18 Playboy shall not be liable for any sales taxes, VAT, customs or import duties or other taxes which may be imposed on Entrants by any relevant taxing authority in respect of prizes won in any Competitions on the site. The Entrant is responsible for any such taxes.
12.19 Any time of delivery is an estimate only in respect of the delivery to an Entrant of any prize in any Competitions and Playboy shall not be liable for any late delivery of the prizes or any loss or damage caused as a result.
12.20 Winners will be notified by post, telephone or e-mail after the closing date given for the Competitions on the site, when Playboy will give you details of how and when to claim your prize.
12.21 Although every effort will be made to supply the prizes stated, Playboy cannot guarantee that the particular prizes will be available and an equivalent prize may therefore be offered by Playboy in such cases
12.22 No responsibility can be accepted by Playboy for the quality and/or suitability of any prizes provided by third parties.
12.23 All Competitions will be subject to additional terms and conditions that will be made known to you at the relevant time.
From time to time we may provide games, wallpapers or other content for your downloading. However, the download time may vary considerably between the types of content and you agree that you are wholly liable and responsible for any telephone call and/or other charges incurred in downloading the same.
Your dealings with any third parties, in particular advertisers and/or merchants, via the sites, and any terms or conditions agreed with, or representations given by, such third parties, are solely between you and such third party. You agree that we are not liable for such dealings, and that you will be liable for any costs or damages that we incur, as set out in clause 9 above in relation to such dealings.
These Terms and Conditions shall be governed by and interpreted in accordance with English law and you irrevocably agree that the courts of England shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with, these Terms and Conditions.
We shall retain the right to bring proceedings as to the substance of the matter in any court or courts including, if appropriate, in the courts of your country of residence or, where these Terms and Conditions are entered into in the course of your trade or profession, the country of your principal place of business.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions without our agreement, which will not be refused without good reason. If any part of these Terms and Conditions is found to be invalid by any court having competent jurisdiction the validity of the remaining terms will be unaffected. If either party does not exercise any right or remedy under these Terms and Conditions, this will not be taken to mean that they have been waived.
We will use any personal data collected during your use of the sites in accordance with current UK data protection legislation and the data protection notice we provide to you when you give us your personal information.
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of any Site or any transaction conducted on such Site. You may not take any action, which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password with any third parties or use your password for any unauthorized service.
The Sites may contain links to other related World Wide Web Internet sites, resources and sponsors of Playboy. Selection of an ad banner or link will redirect you off of a Playboy Site to a third party Web site. Interactions that occur between you and the third party are strictly between you and such third party and are not the responsibility of Playboy. We are not responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Playboy does not assume any liability or responsibility for the actions, product, availability or content of these outside resources. You should direct any concerns regarding any external link to the site administrator or Webmaster of the third party Web site.
If you have any queries concerning any part of these Terms and Conditions please contact us
-by email, using the address below for the site to which your query relates:
Company Name:
Playboy TV UK/Benelux Limited
Registered Office:
Playboy TV UK/Benelux Limited
PO Box 690
Hayes
Middlesex
UB3 4DR
England
Registered in Cardiff No. 3000033
VAT No. 735 5642 22
Promotions are only available to new subscribers to the Playboy TV service. The promotion is available only once to any one person and to only one member of a household. Subsequent promotions by the same person at any address, or by another person at the same address, are not permitted. You must have a Sky subscription and valid payment details to redeem a free trial offer.
Your promotional period will commence on the date registration is completed and the account is successfully created. Your promotional period will also be subject to a £15 one off joining fee at the point of registration.
Billing Starts unless you cancel.
We will begin billing you at the end of your promotional period, and thereafter on prescribed intervals, monthly unless otherwise indicated, for the Playboy TV 6 TV pack service at £19.99 a month plus a fixed one off joining fee of £15, unless you cancel prior to the end of your promotional period within the stated notice period. We will continue to bill you by your chosen payment method for the Playboy 6 TV pack Service until you complete the cancellation process. You must cancel your account before the end of the promotion to avoid charges.
No minimum contract on any of our packages for monthly subscribers. Calls cost no more than 5p per minute for BT customers, other network charges may vary. Offer only available on Sky in the UK. Offer ends 31st March 2012.
Eligibility for Promotional Period
Promotions are only available to new subscribers to the Playboy TV service. The promotion is available only once to any one person and to only one member of a household. Subsequent promotions by the same person at any address, or by another person at the same address, are not permitted. You must have a Sky subscription and valid payment details to redeem a free trial offer.
Your promotional period will commence on the date registration is completed and the account is successfully created. Your promotional period will also be subject to a £15 one off joining fee at the point of registration.
You may cancel your promotional period by giving Playboy TV/Benelux Ltd 30 days written notice to MGt plc, Cluny Court, John Smith Business Park, Kirkcaldy Fife, KY2 6QJ. Cancellations cannot be processed over the telephone.
Billing Starts unless you cancel.
We will begin billing you at the end of your promotional period, and thereafter on prescribed intervals, monthly unless otherwise indicated, for the Playboy TV 6 TV pack service at £9.99 a month plus a fixed one off joining fee of £15, unless you cancel prior to the end of your promotional period within the stated notice period. We will continue to bill you by your chosen payment method for the Playboy 6 TV pack Service until you complete the cancellation process. You must cancel your account before the end of the promotion to avoid charges.
No minimum contract on any of our packages for monthly subscribers. Calls cost no more than 5p per minute for BT customers, other network charges may vary. Offer only available on Sky in the UK. Offer ends 31st October 2012.