Re-distibution

TERMS OF USAGE OF BVN TELEVISION SIGNALS FOR RE-DISTRIBUTIONING OUR CONTENT FOR RE-DISTRIBUTION

1.

USING OUR CONTENT FOR RE-DISTRIBUTION

1.1.

You must follow any policies made available to you while using BVN Television Signals (hereinafter referred to as “Content”). Don’t misuse our Content. For example, don’t modify the Content made available BVN. The signals are free-to-air available, and can be downlinked from the satellites listed on our website: http://www.bvn.tv/business/how

1.2.

You may use our Content only as permitted by law, including applicable export and re-export control laws and regulations. You agree to suspend using our Content if you do not comply with our terms or policies or if we are investigating suspected misconduct.

1.3.

Using our Content does not give you ownership of any intellectual property rights in our Content. These terms do not grant you the right to use any branding or logos used in our Content. Don’t remove, obscure, or alter any legal notices displayed in or along with our Content.

1.4.

Our Content may display Content that is not BVN’s (for example NPO or VRT). The Content is the sole responsibility of the entity that has made it available via re-distribution.

1.5.

In connection with your use of our Content, we may send you service announcements (for instance a transponder change) and administrative messages.

1.6.

BVN gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use our Content. This license is for the sole purpose of enabling you to re-distribute the Content of BVN via cable networks (coax and/or fibre) or closed IP-user groups (for instance re-distribution via IP within a hotel, campsite, (cruise-) ship, airplaine or bungalow park). Distributing the Content via the internet (streaming, otherwise for instance via the www) is not allowed.

1.7.

You are obliged to retransmit the Content simultaneously with the free-to-air distribution of the Content via the satellite that is covering the geographic area of your re-distribution network. You are obliged to retransmit the Content unaltered, 24 hours per day and full screen. This means that you guarantee that the BVN screen logo shall always be visible and shall not be changed or edited in any way. Adding subtitles, post-synchronization, introducing a voice-over or any other changes or amendments to our Content is not allowed. You are however entitled to modify the technical and organisational specifications of the signal.

1.8.

You may not modify or store any part of our Content, unless laws prohibit these restrictions or you have the prior written permission by BVN.

1.9.

Any costs related to the re-distribution of our Content shall be yours.

2.

MODIFYING AND TERMINATING OUR TELEVISION DISTRIBUTION

2.1.

We are constantly changing and improving our Television Services. We may add or remove parts of our Content, and we may suspend or stop our Television Distribution altogether.

2.2.

You are allowed to stop using our Content. If we discontinue our Television Distribution via satellite, where possible, we will give you reasonable advance notice.

2.3.

In the event BVN informs you that you have not complied with these terms of usage, you shall discontinue re-distributing our Content immediately.

3.

WARRANTIES EN DISCLAIMERS

3.1.

We provide our Content free to air using a reasonable level of skill and care and we hope that you will enjoy using our Content. But there are certain things that we don’t promise about our Content.

3.2.

Other than as expressly set out in these terms or additional terms, neither BVN nor its suppliers or distributors make any specific promises about the reliability, availability, ability to meet your needs and the quality of the Content made available on the satellites used by BVN. Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, BVN excludes all warranties.

3.3.

You bear the sole responsibility for all payments to (organisations of) copyright or neighbouring rights owners resulting for the simultaneous retransmission of our Content. You shall indemnify BVN – and the Dutch and Flemish public broadcasters – fully against any claims arising from your retransmission of our Content. This indemnification shall include the cost of appropriate legal representation of BVN.

4.

LIABILITY

4.1.

When permitted by law, BVN, and BVN’s suppliers and distributors, will not be responsible for lost profits, revenues, financial losses or indirect, special, consequential, exemplary, or punitive damages.

4.2.

To the extent permitted by law, the total liability of BVN, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to zero.

4.3.

In all cases, BVN and its suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.

4.4.

In all cases, BVN, the Dutch and Flemish public broadcasters, their suppliers and distributors, will not be liable for any costs incurred by you for distributing our Content.

5.

BUSINESS USE OF OUR CONTENT

5.1.

If you are using our Content on behalf of a business, that business accepts these terms. It will hold harmless and indemnify BVN and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Content or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

6.

ABOUT THESE TERMS

6.1.

We may modify these Terms Of Usage or any additional terms that apply to our Content to, for example, reflect changes to the law or changes to our Television Distribution. You should look at these Terms Of Usage regularly. We’ll post notice of modifications to these Terms of Usage on this paged and we’ll post notice of modified additional terms. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms of Usage for our Content, you should discontinue your use of our Content immediately. If there is a conflict between these Terms of Usage and the (new) additional terms, the (new) additional terms will control for that conflict.

6.2.

These terms control the relationship between BVN and you. They do not create any third party beneficiary rights.

6.3.

If you do not comply with these Terms of Usage, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

6.4.

If it turns out that a particular term is not enforceable, this will not affect any other terms.

6.5.

The laws of the Netherlands will apply to any disputes arising out of or relating to these Terms of Usage or the Content of BVN. All claims arising out of or relating to these Terms of Usage or the Content of BVN will be litigated exclusively in the District Court Midden Nederland, Utrecht, the Netherlands and by re-distributing out Content you consent to personal jurisdiction in this specific court.