1.1 Please read the following terms and conditions carefully (the "Terms") for the use of the www.thinkbox.tv website (the "Site") which is operated by Thinkbox. By accessing and using the Site, you are agreeing to be legally bound by the Terms whether or not you register as a user. If having read the Terms you do not agree to be legally bound by them please exit the Site immediately. If you have any questions please contact [email protected].
1.2 The site is owned and operated by Thinkbox Limited which is a company owned by a number of independent commercial broadcasters (listed below) brought together for the core purpose of collectively marketing and promoting the use of television as an advertising medium in the UK ("Thinkbox").
1.3 Thinkbox reserves the right to change or vary the Terms at any time by posting changes online. Please review the Terms regularly to ensure you are aware of any changes made by Thinkbox. Your continued use of the Site after changes or variations are posted means you agree to be legally bound by the Terms as updated and/or amended.
1.4 The Thinkbox website is operated by ORM London for and on behalf of Thinkbox.
2. Use of the Site
2.1 All material included in the Site is intended for information purposes only. You are hereby placed on notice that you should take appropriate steps to verify such information. You should not act nor refrain from acting on the basis of information contained in the Site without first verifying the information and as necessary obtaining legal and/or professional advice.
2.2 Whilst Thinkbox endeavours to ensure that the information on the Site is correct, Thinkbox makes no (and expressly disclaims all) representations, warranties, conditions and other terms including those expressed or implied by statute, collaterally, or otherwise, with respect to this Site and its contents.
2.3 The views expressed in the case studies, reviews and other content of the Site are those of the authors and do not necessarily reflect the views of Thinkbox, nor the individual members of the Thinkbox consortium, nor its staff.
2.4 Except as specifically stated on this Site, neither Thinkbox not any of its affiliates, directors or employees or other representatives will be liable for damages arising out of or in connection with the use of this Site, This is a comprehensive limitation of liability that applies to any and all losses, damages or costs of any kind, including (without limitation) direct, indirect and consequential losses, loss of data, income and profit, loss of goodwill, wasted expenditure, loss of and damage to property and claims of third parties.
2.5 Thinkbox does not accept responsibility for or liability incurred through the operation or content of any third party web sites that can be accessed through the Site nor does it by reason of a link to such websites appearing on the Site endorse or approve the contents of those websites.
2.6 Nothing in the Terms shall exclude Thinkbox's liability for fraudulent misrepresenation or for death or personal injury resulting from the negligence of Thinkbox, its affiliates, directors, employees or other representatives.
2.7 You agree that material downloaded or otherwise accessed through the use of the Site is obtained entirely at your own risk and that you will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data, even if such loss and damage was reasonably foreseeable.
3. Intellectual Property
3.1 Apart from the material referred to in 3.2 below, the copyright in the material on the Site is vested in Thinkbox and its content contributors. You may not copy any part of the Site nor do any other act in relation to any part of the Site which is prohibited by copyright, other than the printing or downloading to a local hard disk of extracts from the Site, without alteration, for your personal use only.
3.2 The names, images and logos identifying any third parties and their products and services on the Site are subject to such copyright, patents, design rights and trade marks of the third parties that exist. Nothing contained in the Terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright of any third party
4.1 Access to this site does not require you to become a registered user. You will need to register if you wish to be able to access all areas of the site and to receive email from Thinkbox. In order to become a registered user you must provide Thinkbox with complete and accurate registration information. Furthermore it is your responsibility to ensure that this information is kept up to date by informing Thinkbox of any changes to your registration information (including in particular your email address). This is done by emailing [email protected].
4.2 As part of the registration process you must choose a user name and password (your "ID"). Your ID should not be shared with anyone else. Each registration is for a single user only. Thinkbox does not permit the sharing of ID's nor does it permit multiple users to access the Site whether via a network or otherwise using a single ID.
4.3 You are responsible for all use of the Site by your ID, whether this is by you or by anyone else using your ID. You are responsible for any unauthorized use of your ID. If you are concerned that the security of your ID has become compromised you must notify Thinkbox immediately by emailing [email protected].
4.4 Thinkbox hopes that you find the emails useful but if you have any complaints about them or their content you should email [email protected]. You can stop emails being sent to you at any time by emailing [email protected].
4.5 Your registration details (limited to those details that you provide during the registration process) will be stored and used, by Thinkbox for the purposes of (1) privacy and quality control; (2) advertising, marketing and promotion; and (3) keeping accounts and other records associated with Thinkbox's business and this Site. Any personal information obtained from you by Thinkbox in operating the Site will be treated in accordance with the Data Protection Act and these Terms. These Terms do not apply to any other site including, without limitation, any sites which are co-branded or to which this Site contains hyperlinks. Your personal details may be distributed to Consortium Members (listed below) at the discretion of Thinkbox. Your details and assessment data will additionally be used for statistical purposes (where information is aggregated and stripped of personally identifying data), and to provide you with any information you explicitly choose to receive. We may distribute aggregated statistics (without personally identifying data) to any third party, or to the public.
4.6 How We Protect Your Information: We store your personal data on secure servers which are password protected and shielded from the outside world by a firewall. We have in place security policies which are intended to ensure, as far as possible, the security and integrity of all our information, including your personal information. The System is secured using 128-bit SSL encryption, similar to that found on many online shopping and banking websites; you are advised to check for the icon (usually a padlock symbol) in your browser window, which confirms that encryption is in operation, whenever you enter personally identifying information on the World Wide Web.
4.8 Agents and Service Providers: We employ other companies and individuals to perform functions on our behalf. They may need access to certain personal information in order to perform their functions. Rest assured, however, that they may not use your personal information for any other purposes.
4.9 Thinkbox reserves the right to suspend or terminate your access to the Site or to any part of the Site at any time, without notice and at Thinkbox's discretion. If notice is to be served, this will be deemed to have been served three (3) hours after email transmission to your email address as notified to Thinkbox.
4.10 Improper Conduct: All use of The System is monitored closely, by both automatic means and interactively by Thinkbox. Further, any fraudulent or unauthorised use, and any attempts to circumvent system security are immediately notified to system administrators and will result in the immediate closure of the offending users' system accounts, and potentially prosecution under the Computer Misuse Act. In the event of any such improper conduct, Thinkbox may use the information we have gathered or received about an individual in order to fulfil the above provisions, including passing personal information to law enforcement authorities including the Police.
5. International Data Transfers
5.1 The use of this Site to collect and process personal information may involve the transmission of data internationally. Please note that the information you enter via this Site may be transferred to other jurisdictions, but all such jurisdictions are within the European Economic Area for the purposes of processing by Thinkbox. By registering and disclosing your personal information, you consent to this transfer.
6. Governing Law
6.1 These Terms and the relationship between you and Thinkbox shall be governed by English law. The English courts will have exclusive jurisdiction over any dispute arising from the use of the Site. If any of these Terms is found to be invalid by a court with competent jurisdiction, the remaining Terms will be unaffected and remain valid.
7. Thinkbox Consortium Members
7.1 The members of Thinkbox are as follows:
- Channel 4 International Limited (Company Number 2797368) of 124 Horseferry Road, London SW1P 2TX ("Channel 4")
- ITV plc (Company Number 4967001) of Television Centre, Upper Ground, London SE1 9LT ("ITV")
- British Sky Broadcasting Limited (Company Number 2906991) of Grant Way, Isleworth, Middlesex TW7 5QD ("BSkyB")
- Turner Broadcasting Interantional Limited (Company Number 1974426) of Turner House, 16 Great Marlborough Street, London W1F 7HS ("Turner")
- UKTV plc (Company Number 3950210 ) of 245 Hammersmith Road, London, W6 8PQ (“UKTV”)