1. Our Agreement
1.2. We may also advertise physical merchandise relating to the Content for sale through the Website (the "Merchandise").
1.3. Please carefully read these Terms carefully before you access the Website or the Content or purchase any Merchandise. By accessing the Website or the Content or by purchasing any Merchandise you agree to be legally bound by these Terms. If you do not agree to any of these Terms, then you will not be able to access the Website or the Content or purchase any Merchandise.
1.4. You should keep a copy of these Terms for your future reference. We will not file a copy of these Terms in respect of our agreement with you.
2. General Information About Us and What We Do
2.1. The Website is owned and operated by Colony Limited ("we"/"us"/"our"), a company registered in England and Wales under company number 08398805. Our registered address is COLONY LIMITED, 2ND FLOOR, CARDIFF HOUSE, TILLING ROAD, LONDON NW2 1LJ
2.2. If you have any feedback, questions, complaints or comments about the Website or any requests for technical support, then please contact us at email@example.com
2.3. Our VAT number is GB172372805.
2.4. We provide online streaming access to film and video content including but not limited to exclusive behind-the-scenes extras, deleted scenes, interviews, documentaries, stills and scripts on a pay-as-you-go basis.
3. Changes to Terms
3.1. We reserve the right to change these Terms at any time and such change will be effective from the time of posting the revised terms and conditions on the Website at www.wearecolony.com/page/terms-and-conditions/. Any access or use of the Website or Content by you after the revised terms and conditions are posted will indicate your agreement to such change. It is therefore important that you are familiar with the most up to date terms and conditions. You must stop accessing or using the Website or the Content if you disagree with any changes to the Terms.
5. Access to Content
5.1. Our Content is made available to you either on a streamed video on demand basis or other temporary viewing basis ("Short Term Rental Offer"), or by way of streaming video on demand on a long term access basis "Long Term Rental Offer").
5.2. Short Term Rental Offer ("Rent")
5.2.1. The Short Term Rental Offer Content is available to access for a continuous period of 48 hours within 30 days after payment has been made. You acknowledge that: (a) your ability to view the relevant Content will be limited to this time; and (b) the number of times you will be able to stream or view each item of Content in relation to a Short Term Rental Offer may be limited due to the licensing restrictions imposed on us by third party licensors.
5.3. Long Term Rental Offer ("Buy")
5.3.1. The Long Term Rental Offer Content is available to access for a minimum of 6 months after payment has been made and subject to any licensing restrictions imposed by third party licensors. You acknowledge that:
(a) your ability to view the relevant Content will be limited to this time; and
(b) the number of times you will be able to stream or view each item of Content in relation to a Long Term Rental Offer may be limited due to the licensing restrictions imposed on us by third party licensors.
5.4. We may, from time to time and in our sole discretion, determine the number (currently up to 5 devices) and types of devices which a user who has completed the Registration process in accordance with clause 7 of these Terms may use to access the Website and/or any Content. However, you acknowledge that simultaneous access to the same registered account from multiple devices is prohibited and will be blocked.
5.5. Your access to the Website and/or Content may require you to use another service, electronic guide, portal, platform or network gateway integrated with or used by your device, which may be operated by a third party. Where this is the case, access to any such third party service may be subject to terms and conditions imposed by the third party. We recommend that you read and understand any third party terms and conditions before you access those services, which are not our responsibility. If you have any complaints about or problems using those services, you should contact your third party provider.
6. System Requirements
6.1. Your ability to view the Content (whether by streaming or other means) will depend on you having the necessary equipment, systems and connectivity. You may be required to download and install certain software plug-ins and/or mobile app in order to view the Content. We are not able to specify particular requirements (which may change from time to time) and are not responsible in any way for your ability to view the Content. You acknowledge that your use of the Content may vary in functionality, availability and quality depending on the type of device used.
6.2. It is your responsibility to ensure that you are able to comply with the relevant system requirements that must be met for you to be able to successfully access and view any of the Content. We accept no responsibility for any lack of functionality and/or failure to provide any of the Content that is due to your equipment (including, but not limited to, your device, internet connection, operating system or settings and software). Access to parts or all of the Content may be restricted from time to time to allow for repairs, maintenance or updating. We reserve the right to withdraw, take down or amend all or part of the Content at any time.
7. Registration, Passwords and Security
7.1. To access or use certain Content you will first need to register via the Website. There is no charge for registration and you only need to register once.
7.2. You can register by creating a personal account. To do so you will be required to choose a password and enter other information that we ask for on our registration form, which may include your first and last name, date of birth, email address, gender and contact details ("Registration"). To register an account you must be 18 years of age or older and be fully able and competent to enter into and comply with these Terms. If you are over 13 years of age, but under 18 years of age, you may register to use the Content only with the involvement of a parent or guardian.
7.3. You shall ensure that the details you provide at Registration are accurate, complete and kept up to date. You can change the details you provide at Registration at any time via the Website. If you would like us to terminate your Registration (which you may do so at any time) and delete your personal information, please let us know.
7.4. You are responsible for maintaining the confidentiality of your password and email address and are responsible for all activities that are carried out under them. We do not have the means to check the identities of people using the Website or the Content and will not be responsible for losses suffered by you where your password or user name is used by someone else to access the Content unless this is due to our negligence. You are solely responsible for any acts or omissions that occur under your registered account. You agree to notify us immediately if you become aware of or suspect any unauthorised use of your password or user name. You must cease to use and delete the password for your account upon termination of your account for whatever reason.
7.5. We do not guarantee that the Website or the Content is virus free. We strongly recommend that you install virus protection or similar protective software on your devices.
8. Your Promises to Us
8.1. You confirm that:
8.1.1. you are aged 18 or over, or are 13 years of age or older and possess legal parental or guardian consent, and are fully able and competent to enter into and comply with these Terms;
8.1.2. all information and details provided by you to us (including on Registration) are true, accurate and up to date in all respects and at all times. You can update or correct your personal details at any time by amending your account details in the profile feature of the Website (your "Profile"); and
8.1.3. you will comply with the restrictions on your use of the Content as set out in these Terms.
9. Rights Granted and Rights Reserved
9.1. We permit you to link to the Content on the Website for personal, non-commercial purposes only. We reserve the right to discontinue any aspect of the Website or the Content at any time.
9.2. You understand that the Website and the Content, including the text, software, scripts, graphics, artwork, photos, images, sounds, music, videos, movies, data and metadata, interactive features and other copyrightable materials and the like and the trademarks, service marks and logos contained therein, are either owned by us or licensed to us by content providers ("Content Providers"), and may be protected by the intellectual property laws or the United Kingdom and of other jurisdictions.
9.3. Your use of the Website and the Content grants no rights to you in relation to our intellectual property rights (including, without limitation, copyright, trademarks, data and databases, logos and design rights) or the intellectual property rights of Content Providers.
9.4. Accordingly, you undertake that:
9.4.1. you will use the Content for personal, private use only (and not for any direct or indirect commercial purpose);
9.4.2. you will not, and will not, encourage or assist any other person to copy, reproduce, lend, rent, broadcast, distribute or transmit the Content; and
9.4.3. 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 forms part of the Content or part of the means by which we make the Content available to you and/or by which we limit the manner and/or locations in which (and/or period during which) you may access the Content.
9.5. We reserve the right to suspend, restrict or terminate your access to the Website or the Content at any time without notice if we have reasonable grounds to believe that you have breached any of the restrictions in the Terms. This shall not limit our right to take any other actions against you that we consider appropriate to defend our rights or those of any other person.
10. Links to and from Other Websites
10.1. You may establish links to the Content accessible via the Website provided:
10.1.1. you do not remove or obscure, advertisements, the copyright notice or other notices on the Content; and
10.1.2. you immediately stop providing links and/or remove the links if notified by us.
10.2. We may provide links to other websites and/or online services from time to time (via advertising or otherwise). You acknowledge that these links are provided for your ease of reference and convenience only. We do not control such third party websites and services and are not responsible for the content of such websites or services. Our inclusion of links does not imply any endorsement of the material contained in such websites or services or any association with their operators. You acknowledge that we will not be party to any transaction or contract with a third party that you may enter into via such websites or services and we shall not be liable to you in respect of any loss or damage which you may suffer by using those websites or services. You agree that you will not involve us in any dispute between you and the third party.
11. Paid Content and Merchandise
11.1. Once you have completed the Registration process you may purchase access to selected feature films and/or companion content which are made available on the Website (the “Paid Content”).
11.2. To purchase access to the Paid Content, you must place an order (an "Order"). Your Order constitutes an offer to us to purchase access to the relevant Paid Content. All Orders are subject to acceptance by us. The agreement for the provision by us of the relevant Paid Content is formed when we send you a confirmatory email (containing a link to these Terms). For the avoidance of doubt, these Terms govern all purchases in respect of Paid Content and the restrictions in these Terms on your use of Content apply equally to Paid Content as they apply to other Content. Accordingly, where you purchase access to any Paid Content then your ability to access such Paid Content following such purchase shall be subject, without limitation, to the continued availability of such Paid Content via the Website and to any applicable device, viewing period and/or territorial restrictions which may from time to time apply to such access, as described elsewhere in these Terms.
11.3. We may also advertise Merchandise for sale through the Website. You hereby acknowledge that the fulfilment of Orders placed for Merchandise shall be the obligation of the third party supplier of such Merchandise, and that our role shall be limited to the processing of Orders relating thereto. For avoidance of doubt, we are not acting as either agent or principal in respect of the sale of such Merchandise to you and the contract for the sale of any such Merchandise will be directly between you and the third party supplier and may be subject to additional terms of sale between you and the third party supplier of such Merchandise.
11.4. Whilst we have taken reasonable steps to depict the Merchandise as accurately as possible through the photographs and other images featured on the Website, the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of Merchandise when you receive it. Any information on the Website regarding sizing of Merchandise is included as a guide only. If you are in any doubt as to the size of any Product you require, we recommend that you contact us prior to placing an order (see Contacting us).
11.5. The Merchandise ordered will be at your risk from the time of delivery or collection (as the case may be). Ownership of the Merchandise ordered will also pass to you on delivery or collection (as the case may be), provided full payment of all sums due in respect of the Merchandise, including any delivery charges, has been received.
11.6. It is your responsibility to ensure that you have checked the details of your Order carefully before confirming your Order. You will be given an opportunity to make any amendments to your Order request before confirming your Order but we cannot be responsible for any input errors made or charges incurred after this point.
11.7. The charges payable to access any particular Paid Content or Merchandise are as set out at the time of purchase and may be varied by us from time to time.
11.8. To purchase access to Paid Content or Merchandise you will need to provide payment using an accepted payment method. The applicable charge will be deducted from your account using the payment method you have selected. We will send you a confirmation email to your registered email address confirming the amount of the applicable charge deducted using the payment method you have selected.
11.9. If you use a credit or debit card to credit your account you confirm that the credit/debit card is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your Order and we will not be responsible for any delay or non-provision of access to the relevant Paid Content and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your Order.
12. Cancellation (Paid Content)
12.1. By clicking on “Buy" or "Rent" and completing the payment journey by PayPal or credit/debit card, you expressly request us to begin the immediate supply within the cooling off period of the relevant Paid Content to which you have purchased access, and you acknowledge that once the downloading and/or streaming of any such Paid Content has begun that you will not have the right to cancel the Order for such Paid Content.
12.2. You acknowledge that once you have clicked on “Buy” or “Rent”, and completed the payment journey by PayPal or credit/debit card, your payment will be non-refundable (save where we fail to provide access to Paid Content advertised to you at the time of purchase, in which case we may offer a refund at our sole discretion) and that there will be no refunds and/or credits offered in connection with partially viewed Paid Content.
12.3. We may, from time to time, offer refunds, discounts and/or credits in respect of access to Paid Content, the amount and form of which shall be at our sole discretion. You acknowledge that the provision of such refunds, discounts and/or credits in respect of a discrete transaction does not obligate us to provide similar offers to you in the future.
13. Cancellation (Merchandise)
13.1. In relation to the purchase of Merchandise, you have a legal right to cancel the Order and receive a full refund. Your legal right to cancel the Order starts from the date of the dispatch confirmation until the end of 14 days after the date on which you receive the Merchandise.
13.2. To cancel an Order for Merchandise, you can either: (1) email us at firstname.lastname@example.org, giving us your name, address and order reference; or (2) complete our cancellation form available at the bottom of this page and returning it to the address specified in that form. Your cancellation will be effective from the date you send the e-mail. If you cancel your Order within the 14-day cooling off period (see above), we will: (i) refund you the price you paid for the Merchandise; (ii) refund any standard delivery costs you have paid; and (iii) make any refunds due to you within 14 days after the day on which we receive the Merchandise back from you.
13.3. We will not refund your cost of returning the Merchandise to us. If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid. Refunds are made using the same method originally used by you to pay for your purchase, unless agreed otherwise.
13.4. We may, from time to time, offer refunds, discounts and/or credits in respect of access to Paid Content, the amount and form of which shall be at our sole discretion. You acknowledge that the provision of such refunds, discounts and/or credits in respect of a discrete transaction does not obligate Colony to provide similar offers to you in the future.
14.1. To return the Merchandise, you should package the parcel securely (making sure you include a note of your name and address (enclosing any returns slip, if we have provided one) inside the parcel) and then return it to our third party provider, either by courier or by recorded delivery mail or other form of certified mail or, if the Merchandise are too bulky to return by mail, then by a suitable carrier, to the address specified in the purchase email.
14.2. If any Merchandise you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe the Merchandise was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference. Nothing in this section affects your legal rights.
15. Age Restrictions and Unsuitable Digital Content
15.1. Certain of the Content which is accessible via the Website may only be suitable for and available to persons over a particular age. Any such restrictions will be notified to you in the information page for the relevant Content. If we discover that you are not old enough to access certain Content then we reserve the right to refuse to allow you to access such Content or to suspend or terminate your access to the Website or the Content immediately.
15.2. You understand that the Content may contain adult material and/or other content you may consider offensive or otherwise objectionable. We accept no liability to you for any Content which you find offensive or objectionable.
15.3. Although we use our reasonable commercial endeavours to implement protective measures and content age ratings in accordance with industry regulation, we cannot be responsible where a parent or guardian does not sufficiently control their child's access to unsuitable Content.
16.1. The Website and certain Content may be accessed from any location worldwide. Access to certain other Content will be restricted by using geo-blocking technology to prevent you from accessing it from selected territories. You acknowledge that Content to which you purchase access in your home territory may or may not be available to stream, download or view in other territories. You agree not to attempt to access Content, and not to attempt to circumvent any such geo-blocking technology in order to stream, download, view or purchase access to Content, from territories where any such restrictions apply.
16.2. You acknowledge that the charges payable for access to Paid Content and currency in which the purchases are conducted may vary depending on the territory in which you place any Order.
17. Our Legal Obligations and Limits on Liability
17.1. We do not seek to limit or exclude our liability to you for:
(i) death or personal injury caused by our negligence or that of our employees or agents;
(ii) fraudulent misrepresentation by us or our employees or agents;
(iii) for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded
(iv) under Part I of the Consumer Protection Act 1987; or
(v)for any other liability that, by law, may not be limited or excluded.
17.2. Subject to clause 17.1, we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach which means that they could be contemplated by you and us and if you are a consumer and not a business customer, in no event shall we be liable to you for any business losses.
17.3. Subject to clauses 17.1 and 17.2, our total liability to you for any loss or damage arising out of or in connection with the Terms shall be limited to the total amount paid by you to us for the Content in respect of which the liability arises.
17.4. We cannot guarantee that access to the Website or Content will be provided uninterrupted or that any files that you download, stream or view are free from viruses, contamination or destructive features.
17.5. The service for streaming Content is described on the Site. We warrant that the services for streaming Content will substantially conform to the relevant description on the Site and will be provided with reasonable care and skill.
17.6. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Order that is caused by events outside our reasonable control.
17.7. Whilst we use reasonable commercial endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention, we do not promise that the information on the Website or the Content will be free from errors or omissions.
17.8. You have certain statutory rights. Nothing in the Terms is intended to affect your statutory rights. For more information about your statutory rights contact your local Citizens Advice Bureau or Trading Standards Office.
17.9. We will co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of or locate anyone breaching the Terms or otherwise for the prevention or detection of crime or the apprehension or prosecution of offenders. There may be other circumstances in which we may be required by law to disclose information about you or your use of the Content.
18. Severance and No Waiver
18.1. If any part of the Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
18.2. If we fail to enforce any of our rights, that does not result in a waiver of that right.
19. Entire Agreement
19.1. These terms and conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Order. We are required by law to advise you that Orders may be concluded in the English language only and that no public filing requirements apply.
20.1. All notices given by you to us must be given in writing to the address set out at the end of these Terms. We may give notice to you at either the email or postal address you provide to us when placing an Order.
21.1. The Terms are personal to you. You may not transfer your rights or obligations under the Terms to anyone else.
21.2. We may transfer our rights or obligations or sub-contract our obligations under the Terms to another legal entity. You agree that we may do so provided that the Website and the Content will be made available to you on the same terms or terms that are no less advantageous to you.
22.1. You may terminate these Terms at any time and if you choose to do so you must immediately cease to access and use the Website and the Content.
22.2. We may terminate these Terms or suspend your access to the Website and the Content upon reasonable written notice.
23. Third Part Rights
23.1. The Terms are not intended to give rights to anyone except you and us. This does not affect our right to transfer our right or obligations or sub-contract our obligations under the Terms to another legal entity under paragraph 18.2.
24.1. We will do our best to resolve any disputes in relation to the Terms. By using the Website and the Content you agree that the laws of England shall apply in relation to the Terms and any disputes between us. If you wish to take court proceedings against us you must do so within the courts of England. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.
Model Cancellation Form
I/We* hereby give notice that I/we* cancel my/our* contract of sale of the following goods* / for the supply of the following service*:
Ordered on* / received on*: ………………………………..
Names of consumer(s): …………………………………….
Address of consumer(s): …………………………………..
Signature of consumer(s) (only if this form is notified on paper): …………………………………
*Delete as appropriate