In case anyone wants to view the latest T&Cs without having to endure the porn sites:
FULL TERMS & CONDITIONS - IMPORTANT LEGAL NOTICEATTENTION: THIS NOTICE IS ISSUED BY PLATTE INTERNATIONAL LIMITED (COMPANY NUMBER 1391058) WHOSE REGISTERED ADDRESS IS 3rd FLOOR, OMAR HODGE BUILDING, WICKHAMS CAY 1,PO BOX 362, ROAD TOWN, TORTOLA, BRITISH VIRGIN ISLANDS, OUR EMAIL IS:
INFO@PLATTESERVICES.COM (THE "COMPANY", "WE", "US", "OUR").
THIS NOTICE APPLIES TO THE ENTIRE CONTENTS OF THE WEBSITE UNDER THE DOMAIN NAME
HTTP://WWW.GETFILMSNOW.COM ("WEBSITE") INCLUDING THE ACCESS AND BILLING SOFTWARE WE OPERATE. BOTH THE WEBSITE AND ACCESS AND BILLING SOFTWARE ARE PROVIDED BY US. YOU MUST DOWNLOAD THE ACCESS AND BILLING SOFTWARE IN ORDER TO GAIN ACCESS TO THE WEBSITE. PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE DOWNLOADING THE ACCESS AND BILLING SOFTWARE.
BY DOWNLOADING THE ACCESS AND BILLING SOFTWARE YOU ACCEPT AND CONFIRM THAT:
THESE TERMS SHALL APPLY IN FULL. IF YOU DO NOT ACCEPT ALL THE FOLLOWING TERMS DO NOT DOWNLOAD THE ACCESS AND BILLING SOFTWARE.
YOU ARE AGED 18 YEARS OR OVER.
YOU ARE THE OWNER OF THE COMPUTER OR ARE USING IT UNDER THE AUTHORITY OF THE OWNER.
YOU ARE RESPONSIBLE FOR THE ISP CONNECTION USED BY THE COMPUTER YOU ARE USING OR THAT YOU ARE USING THE CONNECTION WITH THE RELEVANT PARTIES’ CONSENT.
YOU CONSENT TO US RECORDING YOUR IP ADDRESS WHICH CAN BE USED TO IDENTIFY YOU IN THE EVENT THAT YOU BREACH ANY OF THE TERMS OF THIS AGREEMENT.
YOU WILL RECEIVE A FREE THREE DAY TRIAL TO THE WEBSITE.
YOUR SUBSCRIPTION STARTS IMMEDIATELY ONCE YOU DOWNLOAD THE SOFTWARE.
YOU WILL BE BILLED ON DAY 4 OF YOUR SUBSCRIPTION IF YOU DO NOT CANCEL YOUR SUBSCRIPTION BY THE END OF DAY 3. YOU WILL BE BILLED AT £ 29.99 PER 30 DAYS OF SUBSCRIPTION.
THE SUBSCRIPTION IS REOCCURRING AND THE CHARGE OF £ 29.99 PER 30 DAYS WILL CONTINUE UNTIL YOUR SUBSCRIPTION IS CANCELLED.
PLEASE NOTE THAT SOME OF THE MATERIAL ON THE WEBSITE IS OF A SEXUALLY EXPLICIT OR AN ADULT NATURE.
BY DOWNLOADING THE ACCESS AND BILLING SOFTWARE YOU ARE ENTERING INTO A CONTRACT ON THESE TERMS AND CONDITIONS. YOU WILL BE BILLED ON DAY 4 OF YOUR SUBSCRIPTION IF YOUR CONTRACT IS NOT CANCELLED BY THE END OF DAY 3.
ANY COMPLAINT SHOULD BE SENT TO OUR CUSTOMER SERVICES TEAM AT PLATTE INTERNATONAL LIMITED, PO BOX 9934, CM6 1XZ, ENGLAND.
Terms & Conditions Contents
Definitions
General
Use of the Software
Rights in the Software
System resources
Minor updates
Debits and credits
Software conflicts
Third party websites and software
Subscription fees
Bills
Subscription period
Payments
Loss or theft
Liability and indemnity
Privacy
Additional charges
Termination of Subscription
Select from the menu or scroll down through the terms
1.
Definitions
1.1
In these Terms:
"Account" means Your online account operated by Us;
"Authorised User" means a person who uses the computer onto which the Software is downloaded with the permission of the owner of the computer ;
"Access And Billing Software" means the user authentication and billing technology, including computer software (including any upgrades or modified versions) and any media, printed materials, and online or electronic documentation owned by Us which You download or otherwise use to subscribe to the Website;
"Bill" means an electronic bill issued by Us, and displayed in the form of a Web Page which will appear on your computer screen and which is presented in line with the bill reminder procedure detailed in clause 2.5;
"Billing System" means the automatic issuing of Bills operated by Us;
"Expiry Date" means the date that the Subscription Period ends;
"Platte" means PLATTE INTERNATIONAL LIMITED (COMPANY NUMBER 1391058) Whose registered address is 3rd Floor Omar Hodge Building, Wickhams Cay 1, PO Box 362, Road Town, Tortola, British Virgin Islands, and its licensees, licensors, agents, and providers;
"Subscription Fee" means the amount payable for Your Subscription;
"Subscription" means the subscription to the Website;
"Subscription Period" means Your period of Subscription;
"Month" means 30 days;
"Quarter" means 90 days;
"Software" means the Access And Billing Software ;
"Terms" means these Terms and the Company's Privacy Policy Statement;
"You" and "Your" means the person downloading the Software and thereby agreeing to these Terms;
2. Payments
2.1 If You do not cancel your subscription within initial 3 day free trial period You will be liable to pay Your Bill for the Subscription Fee even if you do not view any of the videos on the Website.
2.2 Payments received from You will be credited to Your Account.
2.3
You must pay immediately on receipt of Your Bill:
(a) any amount which You have contracted for;
(b) the amount of any arrears or other charges due under these Terms.
2.4
All amounts outstanding under these Terms will be payable on demand if:
(a) You cancel Your Subscription;
(b) You fail to pay a Bill in full;
(c) You commit or make any breach of these Terms; and, if the breach is remediable, it has not been remedied.
2.5
ONCE A BILL IS OVERDUE YOU WILL BE REMINDED AND PROMPTED THAT IT IS OUTSTANDING VIA BILLS DISPLAYED ON YOUR COMPUTER IN THE FORM OF WEB PAGES WHICH AT CERTAIN TIMES WILL NOT BE CLOSABLE WINDOWS. THIS DEPENDS ON THE STAGE OF THE PAYMENT DUE PROCEDURE WHICH IS DETAILED BELOW.
THESE BILLS WILL PROVIDE YOU WITH VARIOUS METHODS FOR PAYMENT AND ACCESS TO A CUSTOMER SERVICE TELEPHONE NUMBER. THESE BILL WINDOWS WILL APPEAR IN ACCORDANCE WITH THE PAYMENT REMINDER PROCEDURE DETAILED BELOW UNTIL YOU CHOSE ONE OF THE PAYMENT OPTIONS AND PAY THE REQUIRED SUBSCRIPTION FEE OR CONTACT THE CUSTOMER SERVICE CENTER AND REACH AN AGREEMENT REGARDING YOUR ACCOUNT.
ONCE THE TRIAL PERIOD OF YOUR SUBSCRIPTION HAS FINISHED AND YOU HAVE NOT CANCELLED YOUR SUBSCRIPTION THE BILL REMINDER PROCEDURE WILL COMMENCE AND WILL WORK AS FOLLOWS:
Bill stage 1 – Subscription Notice (follows free trial period)
5 reminders will be presented – Subscription notices are closable and you will not receive more than 1 subscription notice in a 24 hour period. The subscription reminder screen will take up 50% of the computer screen.
Bill stage 2 – Subscription Invoice
5 reminders will be presented – Subscription reminders are non-closable and you will not receive more than 1 bill reminder in any 24 hour period. The bill reminder screen will take up 50% of the computer screen and will be held open for 60 seconds.
Bill stage 3a) – Overdue Subscription
5 reminders will be presented - Overdue Subscription Notices are closable and you will receive no more than 1 bill reminder in any 24 hour period. The bill reminder screen will take up 50% of the computer screen size.
Bill stage 3b) – Overdue Subscription
2 reminders will be presented – Overdue Subscription Notices are non-closable and you will receive no more than 1 bill reminder in a 24 hour period. – The bill reminder screen will take up 100% of the screen size and will be held open for 60 seconds
Bill stage 4 – Final Demand
2 reminders will be presented – Final Demand Notices are non closable and you will not receive more than 1 bill reminder in a 24 hour period. – The bill reminder screen will take up 100% of screen size and will be held open for 60 seconds
Bill stage 5 – Contract Termination
1 reminder will be presented – bill reminder is non closable. The bill reminder screen will take up 100% of screen size and will be held open for 60 seconds
Bill Stage Presentation Summary
Bill Stage Bill Size % of screen No Presented Period Held Open (secs) Number/24 hr
1. Subscription Notice 50 5 0 1
2. Subscription Invoice 50 5 60 1
3. Overdue a) 50 5 0 1
Overdue b) 100* 2 60 1
4. Final Demand 100* 2 60 1
5. Contract Termination 100* 1 60 1
Total Bills presented – 20
*100% of screen excludes the start bar
NB: Where computer usage time permits, bills will typically be delivered between 8am and 10pm. (this is subject to the computer system clock settings).
3. Use of the Software
3.1 The Software works by installing files which enable access to the Website and the activation of the Billing System.
3.2 You shall not:
(a) modify or create any derivative works of the Software;
(b) attempt to decompile, reverse engineer, or otherwise attempt to derive the source code for the Software;
(c) redistribute, sell, rent, lease, sublicense, or otherwise transfer the Software to any other party;
(d) remove or alter any trademark, logo, copyright or other proprietary notices, symbols or labels in the Software;
4. Rights in the Software and Website
4.1 The property and any copyright or other intellectual; property rights in the Software and the Website belongs to Us or our licensors.
5. System Resources
5.1 The Software once downloaded will take up approximately five mega bytes of the disk space on Your computer's hardrive. The Software interacts with Our servers in order for the Software to function properly and this will use part of the bandwidth of Your computer. You authorise the Company to use such disk space and bandwidth.
5.2 The Software will protect the privacy and integrity of Your computer resources and files to the extent set out in the Privacy Policy. The Privacy Policy forms part of these Terms and Conditions. Our Privacy Policy can be found at
http://www.getfilmsnow.com/privacy6. Minor Updates
6.1 Due to the ever-changing and evolving natures of media players and browsers, We may, as necessary, update, renew and revise source code and backend codes in the Software. This is to insure that the Software is optimized for full functionality and performance.
6.2 We may make such updates, renewals and revisions, to the Software as are required to ensure it functions correctly. You will always be given the option to choose whether or not to download any new version of the Software.
6.3 Any such updates, renewals and revisions shall be subject to terms and conditions displayed prior to the time of installation. You do not have to accept the terms and conditions. If you do not accept the terms do not install the update. If the update is not installed your existing Access And Billing Software will still function but you will not be able to take advantage of the new features that are contained in the updated or revised software.
7. Software Conflicts
7.1 Conflicts may occur with other software applications that may already be installed on Your computer. We cannot accept liability for any failure of the Software to perform due to conflicts with pre-existing software installed on Your computer. Please contact customer services to discuss the particular conflict, a member of our technical support staff may be able to offer assistance, if not a refund of monies paid or credit against a current bill will be offered once the conflict and inability to access the Website is established.
8. Third Party Websites and Software
8.1 We may provide links to third party websites or software.
8.2 Any third party websites or software to which We may link to are not under Our control and We shall not be responsible or liable for any information, data, communications or materials available on such third party websites. If You decide to access any of the third party websites or use any of the third party software, You do so entirely at Your own risk.
9. Subscription Fees
9.1 BY INSTALLING THE SOFTWARE YOU AGREE TO PAY THE SUBSCRIPTION FEE UPON EXPIRY OF THE FREE THREE (3) DAY TRIAL SUBSCRIPTION UNLESS THE SUBSCRIPTION IS CANCELLED WITHIN THE TRIAL PERIOD. You have up to three (3) days, from the date You downloaded the Software, to cancel Your Subscription without being charged, after that You are liable for the full Subscription fee.
9.2 You will be required to pay the Subscription Fee on expiry of the 3 day trial period.
9.3 The Access And Billing Software will automatically generate Bills which shall be posted to your desktop and are then presented on Your computer screen in accordance with the Bill reminder procedure detailed in clause 2.
9.4 In order to avoid being charged the Subscription Fee at the end of the free trial period, You must cancel the Subscription before the end of this trial period by clicking on the "Cancel Subscription Link" at the bottom of the Website. If you cancel within the free subscription period you will not incur any liability for the Subscription Fee and can remove the Access And Billing Software by following clause 17.4
10. Bills
10.1 You will be reminded and prompted to pay the Subscription Fee via Bills which will appear on your computer desktop. Full details of the reminder and prompting procedure are contained in Clause 2.
10.2 We will deliver to Your computer desktop an icon enabling You to access and view Your Bill, Account information & support details at any time.
10.3 A Bill will provide You with various methods of payment and access to a free phone customer service telephone number. The Bill will appear in accordance with the Bill reminder procedure set out in clause 2. You will need to choose one of the payment options and pay the required Subscription Fee or contact customer services to discuss your Account.
10.4 The Bill reminders will be displayed on Your desktop at the intervals detailed in Clause 2.5, until You either make payment by one of the displayed methods or the reminder procedure reaches the end of the reminder process at which point reminders will no longer be presented. At this stage the software can be removed if you contact customer services. Please note that if payment for Your subscription remains outstanding after the expiry of the reminder process then We will use traditional Small Claims Court recovery proceedings to recover the money owed to Us.
11. Subscription Period
11.1 The Subscription Period is 1 ( one ) months for £ 29.99 , unless you cancel during the trial period.
11.2 You must CANCEL Your Subscription prior to Expiry Date of the Subscription Period otherwise the Subscription will renew automatically for a further period of 1 ( one ) months .
11.3 We will display through Your Account the expiry date of the Subscription.
11.4 It is Your sole responsibility to cancel Your Subscription.
11.5 The Subscription is a reoccurring subscription that continues until cancelled.
12. Debits and Credits
12.1 We will debit to the Account the amount of the Subscription Fee on the date that it becomes due.
13. Loss or Theft or Change of Computer
13.1 If Your computer is lost, stolen or is damaged in a way that the Software will not operate, or you replace your computer you must notify Us immediately, so that we can either suspend or transfer your Account to your new computer, by emailing:
support@plattemedia.com14. Liability and Indemnity
14.1 We exclude all liability and responsibility for acts beyond our reasonable control. We accept liability for any demonstrated loss that you incur from Our breach of these terms and conditions or from Your lawful use of the Website up to an amount of £500.
15. Privacy
15.1 By accepting these Terms You are also accepting the Privacy Policy which You can read by visiting
http://www.getfilmsnow.com/privacy. The Privacy Policy forms part of these Terms and Conditions.
16. Additional Charges
16.1 You may be charged demonstrable costs that we suffer from any breach of contract by You up to a maximum of £500: Costs would be incurred in the following situations:
(a) In the event payment is not made within 7 days after the due date costs of would be incurred recovering payment.
(b) Each time a payment is returned to Us as 'refer to drawer' bank charges will be incurred;
(c) Each time a "chargeback" is made to a credit card used to settle a valid outstanding amount in an attempt to avoid settlement, bank charges will be incurred. A "chargeback" occurs if you make a payment by credit card and then subsequently advise your credit card issuer to claim back the payment.
16.2 Any charge under condition 16.1 will be payable in addition to Your Subscription Fee.
17. Termination Of Subscription And Removal Of Software
17.1 Either party may terminate this contract at any time without notice if the other party breaches these Terms.
17.2 In the event of the termination of Your Subscription for breach of these Terms all rights granted to You under these Terms shall immediately terminate. You shall remain liable for all charges which are due under these Terms. Where termination of the Subscription arises other than for breach of these Terms you shall continue to have access to the Website until the date on which Your Subscription ends.
17.3 You may cancel Your Subscription and uninstall the Software at any time. If You have an outstanding Bill under these Terms we will require you to prove your identity in order for Us to send your uninstall code and facilitate payment of the outstanding Bill.
17.4 To cancel Your Subscription and uninstall the Software You must either:
(a) Call 0800 051 6664 quoting Your Account number and request an uninstall.
(b) Click on the 'cancel Subscription' hyperlink and follow the uninstall instructions as provided in the cancel confirmation email which will be sent to you.
Once your subscription is paid and the Software uninstalled we will send an email to you to confirm this. Please note that where payment of Your Subscription Fee is outstanding, the Software will only be uninstalled once you provide us with evidence of your identity and a correspondence address in order that we forward your uninstall code. If you have not paid your bill by the conclusion of the reminder procedure detailed in clause 2.5 or, the elapsing of 6 weeks from the date the Subscription Fee became due for payment, we will cancel your access to the Website. We can use your IP address to identify your residential address details and have the right to commence proceedings to recover the money owed to us in respect of an unpaid Bill.
17.5
The Distance Selling Regulations 2000 provide You with a right to cancel services purchased online within 7 days of the date on which the services are ordered. However this right does not apply where you request that the services are provided within 7 days of the date on which You order them. You will receive the download of the Software and Subscription immediately upon downloading the Software and therefore you acknowledge that the 7 day cancellation right will not apply.
The services that will be supplied are the full services that you have contracted for under these terms and conditions which is access to the Website for a period of 1 ( one ) months on a paid subscription basis unless you cancel within the three (3) day free trial period
18. General
18.1 If any provision of these Terms is held illegal or unenforceable in whole or in part by any court or other competent authority having jurisdiction, the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected.
18.2 No failure or delay by either party in exercising any of their rights under these Terms shall be deemed to be a waiver of that right.
18.3 This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this contract shall be subject to the non-exclusive jurisdiction of the English and Scottish courts.
THESE TERMS ARE ISSUE 1.1 - ISSUED February 2008
