Terms & Conditions

/Terms & Conditions
Terms & Conditions2019-01-20T13:15:08+00:00

Welcome to the Terms & Conditions (including any future modifications, the “Terms”) for websites, software, applications, content, games, interactive TV, or other products and online services which include these Terms or a link to these Terms (including all Content therein, the “JHOTV Services”). The JHOTV Services are made available to you by Just Hands On TV Ltd and/or third parties.

These Terms set out the agreement between us and you regarding how you can use the JHOTV Services and what responsibilities you and we have to each other. Please read these Terms carefully before using the JHOTV Services.  They contain important information regarding your legal rights.  By accessing or using any of the JHOTV Services you agree to these Terms.  If you do not agree to these Terms, please do not access or use the JHOTV Services.

  1. Terms and Modifications

These Terms are a contract between you and JHOTV. These Terms include our Privacy Policy, which is hereby incorporated by reference (“Privacy Policy”). Our Privacy Policy explains how we may collect, maintain and disclose data regarding you and others.

Additional terms may also apply to JHOTV Services.  Any Additional Terms will be posted in connection with the applicable JHOTV Services. Applicable Additional Terms are hereby incorporated into these Terms by reference. Where any direct conflict exists between these Terms and any Additional Terms, the Additional Terms will control, provided that our Privacy Policy will control over any contradictory Additional Terms or provisions of these Terms.

Each time you access or use the JHOTV Services, you are entering into a new agreement on the then-applicable Terms.  We may modify these Terms on a prospective basis at any time in our sole discretion and post the changes and such changes will be effective thirty (30) days following either our notification to you or our posting of the changes on the JHOTV Services. Your continued access or use of the JHOTV Services after we post changes to these Terms, will be deemed as irrevocable acceptance of these Terms as modified. You agree to be notified of changes to these Terms via postings of updates on the JHOTV Services (or in any other reasonable manner of notice which we elect).

  1. Eligibility, Registration and Accounts

This JHOTV Service is for users who are over the age of 13 and reside in the United Kingdom or those outside the United Kingdom that consent to use the JHOTV Services in accordance with English law, these Terms and the Privacy Policy.

You may not access or use the JHOTV Services if you are barred from receiving them under these Terms or English law or any other applicable jurisdiction. By accessing or using the JHOTV Services, you warrant that you have legal capacity to enter into these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise legally able to bind yourself to these Terms) or you have obtained permission from your parent or guardian and otherwise meet the eligibility criteria set forth above.

You may be required to provide registration information in order to access the JHOTV Services. You must provide correct, current and complete information. You are responsible for updating and maintaining the truth and accuracy of such information. You agree that we may take steps to verify the information you provide, including contact information for a parent or guardian.

The JHOTV Services and any user names or passwords you use to access the JHOTV Services (“Passwords”) are for individual use only. Your account is personal to you and you may not transfer it to nor share it with any other party.  You are solely responsible for maintaining the security and confidentiality of your Passwords and you agree to immediately notify us of any unauthorised use of your Passwords or other security breaches.  Although JHOTV will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of JHOTV or others due to such unauthorized use.

You are responsible for making sure that the JHOTV Services are not accessed via your Account by persons for whom it may not be appropriate.

We have the right to suspend your account or change your user name for any reason, including due to a violation of these Terms.

  1. The JHOTV Services; Consent to Electronic Communications

The JHOTV Services are intended to educate and entertain individuals interested in quilting, knitting and textile arts with videos available online.  Visitors to the site may subscribe to access courses of video tutorials (“Classes”) and associated study materials and background materials presented by JHOTV tutors (“Tutors”). Users will also interact with Tutors and JHOTV tutorial support (“Support”) through the JHOTV Services.

JHOTV offers for sale through the JHOTV Services certain Subscriptions, products pertinent to the Classes and Retreats.  The terms applying to such pages are described in Section 7 (below).

Users may also participate in sweepstakes, contests, and promotions, which may also have additional rules and eligibility requirements, such as certain age or geographic area restrictions. You are responsible for complying with these rules and requirements.

The JHOTV Services are constantly evolving and may change over time. We may change, suspend or discontinue any or all aspects of the JHOTV Services at any time for any reason without notice or liability to you.

You acknowledge that you have no expectation of continued availability of the JHOTV Services. We have the right to suspend or terminate access to the JHOTV Services and your accounts on the JHOTV Services, including due to a violation of these Terms.

By using the JHOTV Services, you consent to receive electronic communications from us. These communications may involve sending emails to your email address provided during registration, or posting communications on the JHOTV Services and may include notices about your account (e.g., payment authorisations, changes in password or payment method, confirmation of e-mails and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.

  1. Content

JHOTV Services may include content and other materials supplied by JHOTV and third parties (“Content”). As between us and you, we own all rights in the JHOTV Services and Content (subject to Section 7 Sale of Goods by JHOTV). Nothing grants you any rights in the JHOTV Services or Content except as set forth in these Terms, including applicable Additional Terms.

The availability of Content on the JHOTV Services may change from time to time and from place to place. You consent to us and our third-party providers determining your geographic location for purposes of providing the JHOTV Services. Your location may not be accurately identified by our technology, so you may be unable to access certain features and Content even if you are located in an area where we intend to provide you access. We will not be liable to you for limitations or restrictions on access to Content, including any blackouts, location or device-based limitations, Content-viewing windows, or other limitations regarding availability of Content to you.

Some aspects of the display of Content (e.g., high definition for TV shows or movies, speed to initiate viewing) may vary from device to device, and may be affected by factors such as your location, the configuration of your device and the speed of your internet connection. We make no representations or warranties about the quality of your viewing experience on your device or other display.

Streaming JHOTV Services may be subject to a maximum number of simultaneous streams at any time, regardless of the number of devices that we permit you to use with the applicable JHOTV Services. We may change the maximum number of simultaneous streams of Content at any time in our sole discretion. Some Content may be available for temporary download and offline viewing on certain supported devices (“Offline Content”). Limitations may apply to the Offline Content including how long the Offline Content will remain accessible and the maximum number of devices per account that can contain Offline Content.

You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, mobile device or any other device from which you access the JHOTV Services, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.

  1. Permitted Uses

We grant you a limited, non-exclusive, non-transferable license to access and use the JHOTV Services solely for personal and non-commercial uses; provided that, if required, you have paid any applicable fees to use the JHOTV Services.

  1. Paid Subscriptions and Credits

We provide some of the JHOTV Services to you free of charge and other JHOTV Services require payment. We may charge a fee for any portion of the JHOTV Services. You must be at least 18 years old or have obtained permission from your parent or guardian in order to make any purchases of, on or through the JHOTV Services. We will provide you with advance notice of all fees we charge and any changes to our fees. If you continue to use the JHOTV Services after a fee has been imposed or increased, you agree to pay the fee or increase.

Some JHOTV Services require paid subscriptions to access. If you sign up for a subscription, you agree that your subscription, if a recurring subscription, may be automatically renewed and, except as otherwise stated in applicable Subscription Agreement (below) unless you cancel your subscription, you authorize us to charge your payment method for the next subscription period. If you terminate a subscription, you may be responsible for the full amount of the subscription payments for the subscription period in which your termination was effective.

When you provide payment information, you represent and warrant that the information is accurate and that you are authorised to use the payment method provided. You must notify us of any changes to your payment information. We may use third party credit card updating services to obtain current expiration dates on credit cards.

If you do not pay any fees when due, (i) you remain liable for the fees as well as any costs we incur in collecting the fees, including attorney and collections fees, (ii) you authorize us to continue charging your chosen payment method and (iii) we may suspend or terminate your access to the JHOTV Services.

a. Digital Items

Purchases of online classes, eVouchers, eGift Cards, discount vouchers/flash deals, points and any other virtual items available on the JHOTV Services (collectively “Digital Items”) are non-refundable (except as otherwise stated herein), have no monetary or cash value (i.e., are not a cash account or equivalent), are not redeemable for cash, and are purchases of only a non-exclusive, revocable, non-assignable and non-transferable right to use the specific Digital Item purchased. All Digital Items are our Content and you have no proprietary or monetary interest in Digital Items you have purchased.

We may immediately suspend or terminate your rights to use Digital Items in our sole discretion without notice or liability. We may establish redemption or purchasing limits on Digital Items such as expiration dates or maximum amounts. We may also modify Digital Items in our sole discretion at any time following purchase, and such modifications may make the Digital Items more or less valuable or functional. You agree that you are not entitled to a refund as a result of any modification, and we agree that you are not required to pay us any additional amounts.

You may not transfer, sell, purchase, barter, or trade Digital Items or attempt or offer to do so. Digital Items are not exchangeable for any other product or service from JHOTV. Any attempted transfer will be null and void. If we suspend or terminate your Digital Items due to a violation of these terms, you forfeit the right to use those Digital Items except as may be set forth in Additional Terms or as required by applicable law.  We are not responsible for repairing or replacing any modified, suspended or terminated Digital Items or for providing any credit, refund or other sum related to Digital Items.

b. Payment Processors

When you purchase JHOTV Services, you may be required to provide personal information to an independent third-party payment processor, which is hereby incorporated by reference (“Payment Processor”). If the Payment Processor is responsible for the treatment of your personal information, the collection, transmission and processing of your personal information will be governed by that Payment Processor’s privacy policy. We are not responsible for any damages relating to your placement of an order with a Payment Processor and, except as otherwise agreed, we will not provide refunds for such purchase. You are responsible for all such transactions and any associated charges. In addition, if a Payment Processor experiences a data breach that affects your information, we will not be responsible for such breach.

c. Promotional Codes

Promotional codes for certain JHOTV Services or Content may be available, including as part of promotions by third parties. You may redeem promotional codes according to the rules for that promotion. Promotional codes can only be used once, cannot be redeemed for cash, and may not be combined with other offers. If you received a promotional code through an offer by a third party, additional conditions may apply.

d. Trial Periods

We may provide a limited free trial period (“Trial Period”) to certain users regarding certain JHOTV Services. We are not required to offer Trial Periods and we determine your eligibility for a Trial Period in our sole discretion. Trial Periods may be subject to Additional Terms including but not limited to the Subscription Agreement.

If we provide you with a Trial Period, then you must provide correct, current and complete information in order to use the applicable JHOTV Services during the Trial Period. We will not charge you for those JHOTV Services subject to a Trial Period.  Your access to paid for JHOTV Services will end after the designated Trial Period, e.g. one week.  You may only have one Trial Period for JHOTV Services before you must begin paying for that JHOTV Services. If you exceed this limit, we may suspend your use of the JHOTV Services, in our sole discretion.

  1. Sale of Products by JHOTV

The JHOTV Services allow users who comply with the Terms of Use to buy certain goods from JHOTV, either in conjunction with the purchase of a Subscription or separately, through the JHOTV Shop section of the JHOTV Services.

To order a product from JHOTV, you will need to follow the ordering procedures set out on our order page. Details of our prices for the goods and the procedures for payment and delivery are displayed on the JHOTV Services. Prices are subject to change without notice. Any times or dates stated by JHOTV for delivery are estimates only. We, and the suppliers that we act as agents for, shall make all reasonable effort to deliver goods within the time specified, but we shall not have any liability for any failure to deliver within that time.

You must pay for items purchased from JHOTV by credit card or through Paypal or by other methods specified on the JHOTV Services from time to time. Unless otherwise indicated, the prices are exclusive of delivery costs and inclusive of applicable taxes.  Shipping and handling costs will be added to the total cost.

Please note that outside the EU, you may be responsible for customs and duty on your goods.

We are entitled to refuse any order placed by you for any reason. If your order is accepted by JHOTV, we will confirm acceptance to you by online electronic means to the e-mail address you have provided. You undertake that all details you provide to us for the purpose of purchasing goods from JHOTV will be correct, that the credit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any goods. We reserve the right to obtain validation of your credit card details before providing you with any goods.

If the goods you have purchased from JHOTV are incorrect, damaged or faulty, then the returns policy of the supplier will apply and you should contact them directly within 7 day of the goods arriving.  In the event that you are unable to reach a satisfactory resolution then you should Contact Us. 

For products pertinent to Classes, JHOTV act purely as a selling agent for various suppliers and their returns policy will apply.

8. Wireless and Location-Based Features; Social Media Plug-ins

a. Wireless Features.

The JHOTV Services may offer certain features and services that are available via your wireless device, such as the ability to access certain features, receive messages from the JHOTV Services, upload content to the JHOTV Services or download applications to your wireless device (collectively, “Wireless Features”). Your carrier may prohibit or restrict certain Wireless Features, certain Wireless Features may be incompatible with your carrier or wireless device and your carrier may charge you fees based on your use of the Wireless Features. We are not responsible for any charges from your carrier or other third parties.

If you register for any Wireless Features, you agree that (i) we may send communications to your device regarding us or other parties in connection with those Wireless Features and (ii) you will update your account on the JHOTV Services to notify us of any changes to your wireless contact information (including phone number).

b. Location-Based Features

If you use JHOTV Services on mobile devices (“Mobile Apps”) that are location-enabled, we may collect and process information about your actual location. Some JHOTV Services and Mobile Apps may not function without access to location information. If GPS, geo-location or other location-based features on your device are enabled, your device location will be tracked and treated in accordance with our Privacy Policy. In addition our Mobile Apps may collect your device location information in order to provide requested location services and provide functions such as tagging or check-in at a location.

Some Mobile Apps or features allow you to disable location-based features or manage preferences related to them. You can also terminate device location tracking by us through Mobile Apps by uninstalling the applicable Mobile Apps. The location-based services offered in connection with our Mobile Apps or features are for individual use only and should not be used or relied on (i) as an emergency locator system, (ii) while operating a vehicle, (iii) in connection with any hazardous environments requiring fail-safe performance or (iv) in any other situation in which the failure or inaccuracy of the location-based services could lead to death, personal injury or severe physical or property damage. The location-based services are not suited or intended for family finding purposes, fleet tracking, or any other type of business or enterprise use.

c. Social Media Plug-Ins.

Some JHOTV Services include integrated plug-ins of social networks such as Facebook and Twitter. These plug-ins are clearly marked (e.g., with a Facebook button). If you click on one of these buttons or links, your browser will connect directly to the servers of the relevant social network. If you are registered to the relevant social network and logged into your account, that social network receives the information that the web page was viewed by you. If you interact with a social network plug-in (e.g., you use the Facebook “Like” feature) or add a comment on the applicable JHOTV Services, the corresponding information is directly transmitted to the relevant social network from your browser. If you are not registered with the social network or you are logged out before you visit the JHOTV Services, it is possible that at least your IP address will be submitted to and stored by the social network. If you interact with us through a social media platform, plug-in etc., then you may be permitting us to have on-going access to certain information from your social network profile (such as name, social networking id page, email address, photo, gender, location, the people/sites you follow etc.).

If you don’t want the social network to collect the information about you described above, or to share it with us and other third parties, please review the privacy policy of the relevant social network and/or log out of the relevant social network before you visit or use the JHOTV Services.

As with other sites, you may be able delete any existing cookies placed on your computer by the social network via your browser. See our Privacy Policy to find out more about how our Sites and plug-ins to social media networks may collect, use and disclose data regarding your use of the JHOTV Services.

9. Prohibited Actions

You may not make any uses of the JHOTV Services except as specifically authorised by JHOTV in writing and you may not use the JHOTV Services in violation of any applicable laws or regulations. Except as expressly authorised by JHOTV in writing, you may not copy, download, stream, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, make available, frame, deep-link to, transmit or re-transmit the JHOTV Services, any part thereof, or any materials derived therefrom, except as set forth in these Terms, applicable Additional Terms, or as otherwise agreed in writing between us and you. You may not use the JHOTV Services for any business or commercial purposes or otherwise build a business based on any portion of the JHOTV Services. You may not disable, remove or otherwise circumvent through any means: (i) proprietary rights notices or indications of source (e.g., © or tm) in the JHOTV Services; (ii) any digital rights management, content protection or access control measure associated with the JHOTV Services; or (iii) any advertisement on the JHOTV Services. You may not use any software or services in connection with the JHOTV Services that are intended or function to block or obstruct any advertisements of any kind. You are prohibited from disabling, modifying, interfering with or otherwise circumventing any technology to allow users to view Content without: (i) displaying visibly both Content and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks); and (ii) having full access to all functionality permitting viewing of Content, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality. In no event shall any Content or User Content be used for any website, application or publication of any sort which is competitive with the JHOTV Services. For the sake of clarity, a website, application or publication is competitive if it distributes, publishes or otherwise makes available by any means educational courses and materials in any field or if it is otherwise competitive with any business activities of JHOTV and/or the JHOTV Services.

You may not insert any code into or manipulate the JHOTV Services in any way except as explicitly authorised by us in writing. You may not use any manual or automated software robots, spiders, crawlers or other tools to access, scrape, aggregate or otherwise use the JHOTV Services or any part thereof. You may not impose an unreasonable burden or load on the JHOTV Services or their infrastructure.

You are responsible for your use of the JHOTV Services and all materials you upload, post, transmit or otherwise distribute or facilitate the distribution on or through JHOTV Services (“Upload”). The following prohibitions apply to your conduct and communications on or through the JHOTV Services:

  • No Interference. You may not interfere with any other user’s ability to use or enjoy the JHOTV Services.
  • No Bullying. You may not threaten, abuse, harass or invade the privacy of any third party.
  • No Blocking. You may not cover, remove, block or obscure any Content, advertisements or other portions of the JHOTV Services.
  • No Unlawful or Inappropriate Postings. You may not Upload any content or material that is Unlawful or Inappropriate, nor may you engage in any behaviour while using the JHOTV Services that is (i) fraudulent, (ii) infringing on the rights of any third party, (iii) libellous, defamatory, obscene, pornographic, profane, indecent or otherwise inappropriate (including images of a sexual nature) or (iv) otherwise unlawful.
  • No Viruses or Malicious Code. You may not Upload a software virus or any other computer code or materials that may (i) disrupt, damage, or limit the functioning of the JHOTV Services or any computer software, hardware or telecommunications equipment associated with the JHOTV Services, or (ii) obtain unauthorized access to the JHOTV Services or any data or other information of ours or of any third party.
  • No Unauthorized Access. You may not attempt to gain unauthorized access to other computer systems or networks connected to the JHOTV Services.
  • No Cheating. You may not use any software or device that allows automated gameplay, expedited gameplay or other manipulation and you agree not to cheat or otherwise modify a JHOTV Service or game experience to create an advantage for one user over another.
  • No Advertising. Except as otherwise agreed between us and you in writing, you may not use the JHOTV Services in any way (i) to advertise any commercial endeavour or otherwise engage in any commercial activity (e.g., offering products or services, conducting raffles or contests or displaying sponsorship banners) or (ii) that solicits funds, advertisers or sponsors, whether or not for profit.
  • No SPAM. You may not Upload unsolicited bulk communications of any kind. For instance, you may not send “mailbombs” (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or “spam” (i.e., unsolicited emailing for business or other purposes).
  • No Collection of Personal Information From Other Users and No Commercial Use. You may not solicit or collect information about other users of the JHOTV Services or use any such information (i) for unauthorized or unsolicited advertising, junk or bulk email, chain letters, or any other form of unauthorized solicitation or (ii) for any other commercial purposes.
  • No Impersonation or Misrepresentation. You may not impersonate any other person or entity. You may not manipulate headers or identifiers to disguise you or the origin of your User Submission (as defined below). You may not misrepresent your professional or other affiliation with us or with any other party. You may not use the JHOTV Services in a manner that suggests an association with our products, services or brands except as agreed by us in writing.
  • No Criminal or Unlawful Conduct. You may not use any portion of the JHOTV Services for any unlawful purpose and you may not encourage or facilitate conduct that would constitute a criminal offense or give rise to civil liability.
  • Offline Content. You may not use the JHOTV Services in a manner so as to convert a substantial portion, in our discretion, of Content within the JHOTV Services into Offline Content.

You may not attempt any of the actions set forth in this “Prohibited Actions” Section or authorize, facilitate or induce others to do so.

We may require proof that you are following these rules at any time. We reserve the right to take, or to refrain from taking, any and all steps available to us once we become aware of any violation of these provisions. If you are involved in any violation of our systems’ security, we reserve the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.

10. User Content

a. Uploads and other Distributions

The JHOTV Services may include forums and other opportunities for you and other users (including Tutors and Support) to Upload (as defined above) (i) content and materials including but not limited to your participation in Classes, sweepstakes, contests and your interaction with Tutors, Support and other users (“User Submissions”) or (ii) content and materials such as video lectures, associated study materials and background materials presented by Tutors and Support, or content created in connection with the participation by Tutors and Support in Classes (“Tutor Submissions”)(upon Upload, User Submissions together with Tutor Submissions, “User Content”). When you Upload any User Submissions, you hereby grant us and our licensees a perpetual, irrevocable, worldwide, royalty-free, fully paid up, sub-licensable through multiple tiers, transferable, non-exclusive license to use, reproduce, adapt, publicly display, publicly perform, synchronize and otherwise exploit that User Submission including any Personality Elements (as defined below) in your User Submission, in any manner and any media formats and channels now known or later developed or discovered, including in connection with advertising, promotions or Third Party Services (as defined below), without notice or payment to you. For instance, we and our partners may display advertising, promotions and other content in connection with your User Submission and you will not be entitled to any associated revenue. You agree that we and our licensees may give you credit for your User Submission, but are not required to so. To the extent permitted by applicable law, you hereby waive and agree not to assert any “moral rights” or other proprietary rights in your User Submission against us, our licensees, our representatives or other users. When you Upload any User Submission you also consent to the recording, use and reuse by us and our licensees of your voice, actions, likeness, name, appearance, profile photograph, performance, biographical material, and any other identifying information in your User Submission as used or modified by us (collectively, “Personal Elements”).

When you Upload any User Submission, you represent and warrant that you own that User Submission or that have enough intellectual property and proprietary rights in order to make the grants in these Terms. You agree to pay any monies owed to any party based on our and our licensees use of your User Submission.

b. Public Nature of JHOTV Services; Deletions

You acknowledge that you have no expectation of privacy or confidentiality with respect to any User Submission. While we may offer you the ability to Upload User Submissions anonymously, we may still store your account information.

If you Upload any User Submission, you may not be able to remove it from the JHOTV Services. Reviews, responses, profile entries, posts or questions may not be able to be deleted once uploaded. For some of our features, other members may be able to request email notifications of your new public content or publish their own comments to your comments. We may use the public content to develop aggregate ratings, personalise site views, market products or identify or feature popular members.

We also reserve the right to limit the storage capacity of your User Submission. You assume full responsibility for maintaining backup copies of your User Submission and we assume no responsibility for any loss of your User Submission, for instance, due to its removal by us.

c. No Responsibility for User Content; User Disputes

We are not responsible or liable for any User Content. Each user is solely responsible for the User Content that he or she Uploads. You are responsible for any claims, losses or damages relating to all User Content that you Upload.

We have no obligation to investigate, monitor or correct any User Content (e.g., for accuracy or completeness) and we shall not be responsible for any decisions made based on User Content. You understand that when using the JHOTV Services, you will be exposed to User Content from a variety of sources, and that JHOTV is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such User Content.

User Content may not reflect our views. We do not endorse any User Content that you or other users Upload and we may remove or refuse to post any User Content that, in our sole discretion, is objectionable or violates these Terms. You acknowledge that you may encounter User Content on or through the JHOTV Services that you find objectionable, offensive or otherwise inappropriate and you shall have no right against us based on User Content.

You are solely responsible for any interaction with other users of the JHOTV Services, and we reserve the right, but shall have no obligation, to become involved in any way or to monitor disputes between you and any other users of the JHOTV Services.

d. Uploads Do Not Grant You Rights

Your User Submission will not be acknowledged or returned. You Upload any User Submission voluntarily, not in confidence, and no confidential or fiduciary relationship exists between us or any other party and you based on your Uploads. You acknowledge that you will not be paid for Uploading your User Submission in any way.

e. Idea Submissions and Feedback

We do not accept unsolicited submissions for any media, products or services. Please do not make unsolicited submissions to us through JHOTV Services, including (1) Uploads of your User Submission, (2) submissions through any third party social network, website or other platform or (3) submissions by e-mail, text messages or other means (collectively, “Submissions”). We are not responsible for any similarity of Content or programming in any media to your Submissions. If you make any Submission, or if you provide any comments, information, ideas, concepts, reviews or techniques or other communication you may send to us (“Feedback”), including via responses to questionnaires and other methods, Submissions and Feedback shall be deemed User Submission and will be subject to the grants by you applicable to User Submission (but not any rights with respect to User Submission) in these Terms. Our receipt of your Submissions or Feedback is not an admission by us of their novelty, priority or originality and does not limit our right to contest intellectual property rights related to your Submissions or Feedback.

f. Designation of Agent

You hereby appoint us as your agent with full authority to execute any document or take any action we may consider appropriate in order to confirm the rights granted by you to us in this Agreement.

11. Syndication

You are responsible for any User Submission you Upload and for any consequences, including use of your User Submission by others. You acknowledge that your User Submission may be syndicated, broadcasted, published or otherwise distributed by us or our partners. You also agree that the JHOTV Services may include a social network or integrations with other social networks and that your activities (e.g., video viewing, interactions with other users or advertisers) may be shared with others both on and off the JHOTV Services.

12. Third Party Services

You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet and wireless connectivity, mobile service, and other services needed for your access to and use off the JHOTV Services, and you will be solely responsible for all charges related to them. You are also responsible for accepting and complying with all terms of the third parties who provide you with such equipment and services, as well as any other applicable third-party terms of agreement, when using the JHOTV Services. You acknowledge and agree that these third parties may prohibit or restrict certain JHOTV Services features (and certain features may be incompatible with your carrier or device), impose additional fees, and that standard text messaging rates or other carrier charges may apply to your use of the JHOTV Services, including, for example, when sending SMS messages or using VoIP functionality, if these functions are available within the JHOTV Services. You should contact your carrier with any questions regarding these issues, such as whether any fees or charges will apply.

To the extent use of the JHOTV Services, or certain features or services provided in the JHOTV Services, may require authentication by your cable, satellite or wireline provider or multichannel video programming distributor through which you receive video programming services (“MVPD Provider”), then the authentication process and any information you provide in therewith is strictly between you and your MVPD Provider, and JHOTV shall have no responsibility or liability with respect to such process. Any information you provide in connection with the authentication process shall be subject to the terms of use and privacy policies of your MVPD Provider, and JHOTV is not responsible for examining or evaluating the MVPD Provider, its terms and conditions or any aspect of the authentication process. To the extent you have any questions or concerns with respect to the authentication process or other matters that relate to your MVPD Provider, please contact them directly.

For your convenience, the JHOTV Services may include or provide links to websites, widgets, software or other utilities of other persons or entities (“Third-Party Services”) that may interact with the JHOTV Services. Third-Party Services may import data related to your account and activity and otherwise gather data from you. Third-Party Services are provided solely as a convenience to you, and we are not responsible for Third-Party Services. The inclusion on a JHOTV Service of a link to or other integration with a Third-Party Service does not imply an endorsement by us.  When you access any of these Third-Party Services, please understand that if you visit Third-Party Services then your rights and obligations while accessing and using those Third-Party Services will be governed by agreements and policies relating to the use of those Third-Party Services.

13. Merchants and Advertising

Your dealings with merchants found on or through the JHOTV Services, including any payments or contractual terms, are solely between you and that merchant. We are not responsible for any loss or damage resulting from such dealings or from the presence of merchants on the JHOTV Services. Additional terms may apply.

We take no responsibility for third party advertisements served on or through the JHOTV Services or for any of the goods or services provided by our advertisers.

14. Cookies and Targeted Advertising

JHOTV Services and our third-party partners may use tracking and other technologies to serve advertisements that may be relevant to you. All personal details and data we acquire based on your participation in the JHOTV Services, including targeted advertising data and tracking information we collect automatically, will be used in accordance with our Privacy Policy and our Cookie Policy. To learn more about opting out of targeted advertising, see our Privacy Policy.

15. Children’s Online Privacy Protection Act Notification

The JHOTV Services are not designed or intended for use by children under the age of 13.

16. Devices and Charges

We do not take responsibility for the performance of devices, including the ongoing compatibility of devices with JHOTV Services. You are responsible for all devices and other equipment, software and services necessary for you to access and use the JHOTV Services. By using JHOTV Services, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to your device.

You are responsible for obtaining and maintaining all internet services, mobile service, and other services needed for your access to and use the JHOTV Services. You are responsible for any charges incurred in obtaining access to the JHOTV Services. Please check with your ISP for information on possible data usage charges.

17. Testing and Monitoring; Investigations

We may, but are under no obligation to, continually test various aspects of the JHOTV Services. By using the JHOTV Services, you agree that we may include you or exclude you from these tests without notice.

We may, but are under no obligation to, monitor uses of the JHOTV Services. For instance, we may monitor, remove, modify or take other actions to regulate User Content and communications sent on or through the JHOTV Services. During monitoring, any information relating to any user or their activities on the JHOTV Services may be examined, recorded, copied, used and disclosed in accordance with our Privacy Policy. We also may disclose any information posted on any portion of the JHOTV Services as necessary to satisfy any law, regulation or governmental request.

We reserve the right to investigate suspected violations of these Terms. We may seek to gather information from the user who is suspected of violating these Terms, and from any other user. We may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as we deem appropriate and without notice. If we believe, in our sole discretion, that a violation of these Terms has occurred, we may edit or modify any submission, posting or e-mail, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action we deem appropriate. We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms. Nothing contained in these Terms limits our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the JHOTV Services or information provided to or gathered by us in connection with such use. By accepting this agreement you waive and hold harmless all JHOTV parties from any claims resulting from any action taken by any JHOTV party during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either a JHOTV party or law enforcement authorities.

18. Termination

We may, in our sole discretion, terminate these Terms, your Passwords, account (or any part thereof), subscription (if applicable) or your access to or use of the JHOTV Services, or remove and discard any User Content, with prior notice, without liability, for any reason or no reason. You may not attempt to access or use (i) any features of the JHOTV Services from which your access has been previously suspended or (ii) any of the JHOTV Services following termination of these Terms.

You may terminate your account for any or no reason, subject to all applicable Additional Terms.

Termination, suspension or cancellation of the Terms or your access to the JHOTV Services shall not affect any right or relief to which we may be entitled, at law or in equity. Upon termination, suspension or cancellation, all rights granted to you will automatically terminate and immediately revert to us and our licensors and all rights granted by you to us shall survive in perpetuity. After your account or access to the JHOTV Services is terminated by us or by you, these Terms shall remain in full force and effect with respect to your past and future use of the JHOTV Services.

19. DISCLAIMER OF WARRANTIES; EXCLUSIONS AND LIMITATIONS OF LIABILITY

We make no warranties or representations as to JHOTV Services (which, for purposes of this Section 20 only, shall include the Third-Party Services) with respect to their accuracy, timeliness, reliability, completeness or otherwise. We cannot and do not guarantee any outcomes from your use of the JHOTV Services and disclaim any liability in the event that any injuries or damages to property result from your attempt to use the skills learned or activities presented through the JHOTV Services.

WE PROVIDE THE JHOTV SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW,  WE AND ALL SUCH PARTIES’ DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, TUTORS, SUPPORT AND LICENSORS (COLLECTIVELY, THE “JHOTV PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL APPLE, AMAZON.COM, INC., GOOGLE, INC., MICROSOFT CORPORATION, SAMSUNG ELECTRONICS AMERICA, INC., OR ANY OTHER THIRD PARTY THAT OWNS OR OPERATES AN APP STORE OR PLATFORM THROUGH WHICH YOU ACCESS AND/OR DOWNLOAD THE JHOTV SERVICES, THEIR RESPECTIVE AFFILIATES, VENDORS, AGENTS AND SUPPLIERS, AS APPLICABLE, GIVE ANY WARRANTY, HAVE ANY RESPONSIBILITY OR HAVE ANY LIABILITY WITH RESPECT TO YOUR USE OF THE JHOTV SERVICES, OR ANY CONTENT OR FUNCTIONALITY IN THE JHOTV SERVICES, NOR SHALL THEY BE RESPONSIBLE FOR PROVIDING SUPPORT SERVICES WITH RESPECT TO THE JHOTV SERVICES.NONE OF THE JHOTV PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE JHOTV SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF JHOTV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF THE JHOTV PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE JHOTV SERVICES. WITHOUT LIMITING THE FOREGOING, THE JHOTV PARTIES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH THE TERMS OR (2) CONTENT POSTED TO THE JHOTV SERVICES BY YOU OR ANY THIRD PARTY.

IN NO EVENT WILL THE JHOTV PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE JHOTV SERVICES OR THESE TERMS EXCEED  (A) THE AMOUNT (IF ANY) PAID BY YOU TO JHOTV IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY; OR (B) ONE HUNDRED POUNDS (£100), WHICHEVER IS LESS.

YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF THE ACTS OR OMISSIONS OF THE JHOTV PARTIES OR YOUR USE OF THE JHOTV SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE JHOTV SERVICES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SOME OF THE LIMITATIONS SET FORTH IN THESE TERMS MAY NOT APPLY TO YOU. THE JHOTV PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. THIS PARAGRAPH WILL ONLY APPLY IF AN ARBITRATOR OR COURT WITH APPLICABLE JURISDICTION IN ACCORDANCE WITTH THESE TERMS FINDS EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY TO BE UNCONSCIONABLE OR OTHERWISE VIOLATE APPLICABLE LAWS. NOTHING IN THESE TERMS SHALL AFFECT A WAIVER OF ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

20. Indemnification

You agree to defend, indemnify and hold harmless the JHOTV Parties from and against any and all claims, demands, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or related to (a) any breach of these Terms and/or (b) from your User Submission, and/or content or materials Uploaded by any other subscriber or user of your account that infringes any intellectual property right of any person or entity or defames any person or violates their rights of publicity or privacy; (c) any misrepresentation made by you in connection with your use of the JHOTV Services or (d) any claim that your User Submission, and/or content or materials Uploaded by any other subscriber or user of your account caused damage to a third party.

21. Infringement Policy

We respect the intellectual property of others, and we ask our users to do the same. The JHOTV Services, including the Content and other materials incorporated by us in the JHOTV Services (“Materials”) are protected by copyrights, patents, trade secrets or other proprietary rights. Some of the characters, logos or other images incorporated by us in the JHOTV Services are also protected as registered or unregistered copyrights, trademarks, trade names and/or service marks owned by us or others.

22. Links By You To the JHOTV Services

We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the JHOTV Services, so long as: (a) the links only incorporate text, and do not use any trademarks, (b) the links and the content on your website, application or other service (“Your Service”) do not suggest any affiliation with or endorsement by us or cause any other confusion regarding your relationship to us or our affiliates or to the JHOTV Services, (c) the link must open in a new window and link to the full version of applicable JHOTV Services; and (d) the links and the content on Your Service do not portray us or our affiliates or our or their products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to us. We reserve the right to suspend or prohibit linking to the Services for any reason, in our sole discretion, without advance notice or any liability of any kind to you or any third party.

23. Local Regulations

The JHOTV Services are controlled and offered by JHOTV from its facilities in the United Kingdom. We make no representation or warranty that the Content or JHOTV Services are appropriate or available for use outside the United Kingdom. If you choose to access the JHOTV Services from other locations you do so on your own initiative and at your own risk.

You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United Kingdom or the country in which you reside.

24. Export Control

The JHOTV Services are controlled and operated by us from our offices within the United Kingdom. You hereby represent and warrant that (A) you are not located in a country that is subject to a British government embargo, or that has been designated by the British government as a “terrorist supporting” country; and (B) you are not listed on any Brisith government list of prohibited or restricted parties. No software may be downloaded or otherwise exported or re-exported in violation of applicable laws.

25. Terms Applicable to Third Party Platform Providers

If you access or download the JHOTV Services via an Apple, Inc. (“Apple”), Amazon.com, Inc., Google, Inc., Microsoft Corporation, Samsung Electronics America, Inc. (“Samsung”) or any other third-party app store or platform (each a “Third Party Platform Provider”), such Third-Party Platform Providers, shall be third-party beneficiaries to these Terms. However, these Third-Party Platform Providers are not party to these Terms and have no obligation to provide maintenance and/or support of the JHOTV Services. Your access to the JHOTV Services using the Third Party Platform Providers’ app stores or platforms are subject to the usage terms set forth in the applicable Third Party Platform Provider’s terms of service.

26. General

(a)            Applicable law. These Terms, any Additional Terms and the relationship between you and us shall be governed by English law.

(b)           Venue. Subject to the arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms will be brought exclusively in England, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction.

(c)            No Waiver. No failure or delay by us in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms.

(d)           Severability. Unless otherwise expressly provided herein, the invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect.

(e)            Limited Time to File Claims. You agree that regardless of any statute or law which establishes a different statute of limitations, to the maximum extent permitted under applicable law, any claim or cause of action (including any arbitration) arising out of, related to or connected with the use of the JHOTV Services, or these Terms, or Relationships must be filed within one (1) year after such claim or cause of action arose or be forever barred.

(f)            Paragraph and Section Titles are For Your Convenience. The paragraph or section titles in these Terms are for convenience only and have no legal or contractual effect.

(g)            This is the Entire Agreement. These Terms represent the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered or waived except in writing by the party to be charged.

(h)           Assignment. These Terms are binding upon and shall ensure to the benefit of parties and their respective successors, heirs, executor, administrators, personal representatives and assigns. You shall not assign your rights or obligations hereunder without our prior written consent and any such assignment shall be void and invalid at the outset.

(i) Survival. These Terms and any other terms that by their nature survive these Terms shall survive any termination of these Terms.

 

SUBSCRIPTION AGREEMENT

JHOTV is pleased to offer a Subscription Video on Demand mobile and tablet application, and its related website, services, products, and software. When you sign-up for a JHOTV subscription, you agree to the terms and conditions set forth in this Subscription Agreement (this “Subscription Agreement”) and the Terms & Conditions, which are hereby incorporated by reference (“Terms”).

We reserve the right, in our sole discretion, to change, modify, add or remove any or all provisions of this Subscription Agreement at any time and post the modified Subscription Agreement on the JHOTV Services.  If you do not agree to this Subscription Agreement, you may not use the JHOTV Services. This Subscription Agreement is part of and is incorporated by reference into the Terms, and all terms and provisions of the Terms shall apply to your use of JHOTV Services. In the event of any conflict between the Terms and this Subscription Agreement, the terms of this Subscription Agreement shall govern.

  1. Billing, Automatic Renewal and Cancellation

Subscription Period. Your subscription to the JHOTV Services will provide you access to all of the eligible content for the period provided during sign-up (“Subscription Period”).

Payment and Fees. You will be billed upfront for the cost of the full Subscription Period, inclusive of any applicable taxes, transaction fees and other charges and fees incurred in order to access the JHOTV Services. You must have Internet access and provide a current, valid, accepted method of payment, e.g. credit card, (“Payment Method”) for payment.  For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

Billing Information. You agree to provide personal information to trusted, independent third-parties, e.g. PayPal and Stripe, (“Payment Processor”) that we have retained to perform billing and subscription-related payment functions.  You will provide true, accurate and complete information as required by the Payment Processor (“Subscription Data”) so that your JHOTV Subscription order may be processed.  You agree to maintain and promptly update the Subscription Data that you provide to the Payment Processor.   You must also check your My Account page to determine whether your details with JHOTV (e.g. email address) are current and accurate, and, if not, to correct or update your details. Without limiting any other provision of this Subscription Agreement, if you provide material information that is untrue, inaccurate, or incomplete, we reserve the right to suspend or terminate your user account or subscription and refuse any and all current or future use by you of the JHOTV Services. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information, you remain responsible for any uncollected amounts.

Price Increases. We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice as contemplated in this Subscription Agreement and communicated to you through a posting on the JHOTV Services or such other means as we may deem appropriate from time to time (including e-mail or conventional mail). Such price increases will be applied on a prospective basis and you will be notified about the increase. You have the right to terminate this Subscription Agreement within 30 days of such notice. After expiry of this notice period, the changes will become effective.

Recurring Subscriptions & Automatic Renewal. By starting your recurring subscription and providing or designating a Payment Method with a Payment Processor, you authorize us to charge your Payment Method at the start of your billing period and, where applicable, at the start of each renewal period, unless you terminate or cancel your subscription before the relevant renewal period begins.

Each time you are charged for your renewal, the renewal charge will be the same as the prior period’s charge, unless (a) you were eligible for a discounted rate but are no longer eligible for that discounted rate, in which case your renewal charge will be in an amount equal to the then-current full term regular price for the product you subscribed to; or (b) we notify you in accordance with this Subscription Agreement in advance at the time of sign up or prior to the beginning of the renewal period that your renewal price will be changing.

In the event we cannot charge your account, we reserve the right to terminate your access to the JHOTV Services.

Fixed Period Subscriptions.  For 1 month, 3 month, six month or 1 year subscriptions, we will notify you before the end of your subscription period that your subscription is expiring.  If you do not buy a new subscription (fixed or recurring) before the expiration of your then current subscription period, your access to JHOTV services will be terminated upon the expiration date of your fixed period subscription.

  1. Free Trials

You may have access to the full JHOTV Services for 7 days if you successfully complete the FREE ONE WEEK TRIAL application process and your application is accepted by JHOTV.  The Free Trial begins when JHOTV confirms to the User that they have received a Free Trial.

You apply for the Free Trial by clicking on the START MY FREE TRAIL button, entering your details to Create An Account and clicking the START MY FREE TRIAL button.  You must have a valid email address in order to Create An Account.  When you click on the START MY FREE TRIAL button, you agree to the terms of this Subscription Agreement, Terms & Conditions, and Privacy Policy.

Each user is limited to one Free Trial.  Attempts to access an additional Free Trail by a previous Free Trial user will be rejected by JHOTV.  JHOTV reserves the right, in its absolute discretion, to determine your Free Trial eligibility.

To find end date of your Free Trial period, visit your My Account page on the JHOTV Services.

  1. Account Restrictions

If we have reason to suspect, in our sole discretion, that your Account has previously been revoked, we reserve the right to terminate any new Account(s) you have registered without any notice to you, or to exercise any other remedies available to us under this Subscription Agreement or by law.

Protecting My Account . You must notify us immediately in the event of any known or suspected unauthorized use of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password or credit card information. In the event of a breach of security committed by you or occurring by use of your password or credit card information for which you are responsible, you will remain liable for any unauthorised use of your Subscription until you update your Subscription Data. If your credit card expires, is cancelled, is lost or is subject to use without your authorisation, you must update your Subscription Data with the Payment Processor that you elected to use to buy your Subscription.

  1. Cancellation; and Refunds

Cancellation. You may cancel your subscription to the JHOTV Services at any time. The cancellation will take effect the day after the last day of the current Subscription Period and you will continue to have access to your Subscription until that date.

You can cancel your subscription by contacting Support at support@justhands-on.tv or by going to My Account > Subscription or by such other means as we may provide from time to time.

We will attempt to process all cancellation requests within 72 hours after we receive your request. If you cancel near the end of your billing period and are inadvertently charged for the next period’s fee, contact Support to have the charges reversed.

Upon cancellation or termination of your subscription to the JHOTV Services, we may deactivate your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files, the JHOTV Services (or part thereof) except as we may otherwise provide in writing from time to time.

No Refunds. Payments are non-refundable and there are no refunds or credits for partially used periods. Following any cancellation by you, however, you will continue to have access to your JHOTV subscription through the end of your current Subscription Period. At any time, and for any reason, we may provide a refund, discount, or other consideration (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

 

RETREAT AGREEMENT

JHOTV is pleased to offer sewing retreats that feature a Tutor and are run at a venue that is contracted by JHOTV.  When you sign-up for a JHOTV Retreat, you agree to the terms and conditions set forth in this Retreat Agreement (this “Retreat Agreement”) and the Terms & Conditions, which are hereby incorporated by reference (“Terms”).

We reserve the right, in our sole discretion, to change, modify, add or remove any or all provisions of this Retreat Agreement at any time and post the modified Retreat Agreement on the JHOTV Services. If you do not agree to this Retreat Agreement, you may not attend a JHOTV Retreat. This Retreat Agreement is part of and is incorporated by reference into the Terms, and all terms and provisions of the Terms shall apply to your use of JHOTV Services. In the event of any conflict between the Terms and this Retreat Agreement, the terms of this Retreat Agreement shall govern.

  1. Booking A Place

You may book a place at a JHOTV Retreat by paying in full via the SHOP on the JHOTV website.  Upon JHOTV receiving confirmation of your successful online payment, you will receive confirmation of your place on the relevant JHOTV Retreat.  We will confirm the successful booking via email (or any other reasonable matter of notice which we elect).  A £50 deposit is part of your full payment and is non-refundable.  JHOTV will send you a Booking Form separately.  You need to complete and return the Booking Form to JHOTV in advance of your Retreat so that JHOTV can communicate with the venue about any preferences you may have, e.g. food allergies, mobility concerns, etc.

Alternatively, you can complete the relevant Booking Form for the Retreat that you wish to attend and post it to JHOTV Retreat, Oakwick, 113 Nashgrove Lane, Finchampstead Berkshire RG40 4HG,   along with a deposit of £50.  The relevant Booking Form can be accessed by a link within the JHOTV Retreat listing on the EVENTS > Retreats section of the JHOTV website.  Upon receipt of the Booking Form and deposit, you will receive a confirmation of your place.  The booking is not complete without the £50 deposit.  The £50 deposit is non-refundable.

  1. Payment

You may pay for your place at a JHOTV Retreat in full at the time of booking or via deposit and balance payments in accordance with the JHOTV Retreat payment terms:

  • You can pay by Cheque made payable to: justhands-on.tv Ltd.
  • You can pay by Credit Card or PayPal account via our SHOP.
  • You can pay by BACS. Please contact us by email at retreat@justhands-on.tv to set this up.
  • If you would like a receipt, please contact us by email at retreat@justhands-on.tv to confirm your request.
  • If you choose to pay in two stages (deposit & balance), the balance of payment, the retreat price less the £50 deposit, must be received 26 weeks before the date of the JHOTV Retreat. We reserve the right to reallocate your place and retain your deposit if we do not receive full payment by that time.
  1. Cancellations

Should we have to cancel a JHOTV Retreat for any reason you will receive a full refund.

All cancellations of a JHOTV Retreat must be confirmed to JHOTV in writing.  This can be done by sending an email to retreat@justhands-on.tv or a letter to: Attn JHOTV Retreats, Oakwick, 113 Nashgrove Lane, Finchampstead, Berkshire RG40 4HG.  On receipt of your written cancellation, the notice period becomes effective.

Cancellation fees apply.  There is a sliding scale of cancellation fees, based on when JHOTV receives your cancellation, which determines the amount of refund that you will receive.  Your deposit is not refundable (to cover JHOTV admin costs).  Cancellation fees will be charged in line with the cancellation fees of the host venue.  To be clear, we apply cancellation fees because JHOTV is charged by the venue in advance to reserve rooms and other facilities required for the retreat; and, the venue applies cancellation fees to JHOTV if we need to cancel a booking.  JHOTV Cancellation Fees are calculated as detailed below:

Period of notice given before the event arrival date         Cancellation fee (% of retreat price)

More than 52 weeks                                                                              0%

Between 26 and 52 weeks                                                                    25%

Between 12 and 26 weeks                                                                    50%

Between 8 and 12 weeks                                                                      75%

Between 21 business days and 8 weeks                                             90%

Between 0 and 20 business days                                                         100%

For example, a JHOTV Retreat booking of £400 paid 50 weeks before the event and then cancelled 30 weeks before the event will result in a refund of £250.  This calculation is as follows: £400 (price paid) – £100 (25% cancellation fee) – £50 (non -refundable deposit) = £250 refund.

Should you cancel your booking for a JHOTV Retreat, we will endeavour to re-sell your place for that specific JHOTV retreat.  If successful, any payments received for such space sold will be taken into account when calculating your cancellation fee and refund.

  1. Venue Liability

The Terms & Conditions of the host venue apply from the moment of venue check-in until the moment of departure.

  1. Special Notes

We reserve the right to make changes to the retreat programme, e.g. due to the ill health of the Tutor.  You will be advised of any necessary changes as soon as is possible.

Materials are not included in the cost of the retreat.

If appropriate, a requirements list will be sent to you near to the date of your retreat.  JHOTV will advise if the relevant materials can be bought at the retreat or if the relevant materials need to be purchased in advance.

You will be required to bring your own sewing machine unless specifically noted otherwise.

 

PROMOTION AGREEMENT

JHOTV is pleased to offer promotions from time to time, usually monthly, which includes a prize draw or competition.  Please see the COMPETITION page on JHOTV Services for details on the latest promotion.     When you sign-up for a JHOTV Promotion, you agree to the terms and conditions set forth in this Promotion Agreement (this “Promotion Agreement”) and the Terms & Conditions, which are hereby incorporated by reference (“Terms”).

If JHOTV run an exceptional Promotion that includes different Terms, then the Terms for the exceptional Promotion will be detailed in a section below the Promotion Agreement

We reserve the right, in our sole discretion, to change, modify, add or remove any or all provisions of this Promotion Agreement at any time and post the modified Promotion Agreement on the JHOTV Services.  If you do not agree to this Promotion Agreement, you may not participate in a JHOTV Promotion. This Promotion Agreement is part of and is incorporated by reference into the Terms, and all terms and provisions of the Terms shall apply to your use of JHOTV Services. In the event of any conflict between the Terms and this Promotion Agreement, the terms of this Promotion Agreement shall govern.

  1. Promoter

The Promoter is Just Hands On Tv Ltd whose office is Oakwick, 113 Nashgrove Lane, Finchampstead Berkshire RG40 4HG, hereby incorporated by reference (“Promoter”).

  1. Eligibility

Prize draws, give-aways, etc. (“Promotion”) are open to Paid Subscribers, aged 18 years or over.

The entrant must be a Paid Subscriber at the time of entering

Employees (or family members of employees) of any group company of the Promoter, companies associated with the Promotion and all affiliates of such companies may not enter this Promotion.

  1. How to enter

To take part in a Promotion, entrants must send an email to promotion@justhands-on.tv with the subject line noted in the prize draw details provided by JHOTV Services.  The email must include the entrant’s name, postal address and contact telephone number.

Entries are limited to 1 per person.

The “entrant” is the person whose name is identified on the mode of entry.

No responsibility can be accepted for entries that are not received for any reason.

The promotion start date and deadline for entries will be outlined in the Promotion details provided on JHOTV Services.

  1. Winner selection and notification

There will be 1 winner for each Promotion, unless noted otherwise.

The winner(s) will be picked at random on the date outlined in the Promotion details provided on JHOTV Services.

The winner(s) will be notified by email around three working days after the Promotion closes and winner is selected, unless noted otherwise.

The winner(s) will win a product or service (“Prize”) outlined in the Promotiondetails provided on JHOTV Services.

Prize includes shipping to the winner.

To be eligible to claim the prize, winners must respond to the prize notification message within 7 days. Failure to respond within the requested period or provide their personal details will result in the prize being forfeited by the prize winner. The Promoter reserves the right to award the prize to an alternative winner.

Unless expressly stated within these terms and conditions, all other expenses relating to the Prize are the responsibility of the winner.

The Promoter reserves the right to substitute the Prizes (or any part of the prize) for a prize or prizes of equivalent or greater monetary value if this is necessary for reasons beyond its reasonable control. There is no cash alternative to the prizes (or any part of the prizes) and unless the Promoter agrees otherwise in writing the Prize is non-refundable and non-transferable.

Third party terms and conditions apply to parts of the prizes where applicable.

Details of prize winner’s name and county will be available for one month after the close of this Promotion by writing to the Promoter at the JHOTV address set out above and stating the name and date of the Promotion.

  1. Liability

There are certain things which JHOTV, when acting as the Promoter, hereby incorporated by reference (“Promoter”), do not accept any liability to you, and these are explained in the next paragraphs.

The law does not allow the Promoter to exclude or limit its liability for some things, such as death or personal injury caused by its negligence, or loss caused by a false statement where the statement is made fraudulently.

The Promoter accepts full liability for these matters and all matters for which it cannot, under English law, exclude or limit its liability. Otherwise, the exclusions of liability described below will apply.

References to the “Promoter” include all of the Promoter’s associated companies, agents or any other third party involved in the Promotion.

Subject to the above paragraph, the Promoter will not be responsible for (and will have no liability in connection with) acts, omissions and occurrences beyond the Promoter’s reasonable control, including but not limited to:

  • any postponement or cancellation of the Promotion;
  • any changes to prizes or the way in which they can be used;
  • damage, loss, injury suffered by any entrant entering the promotion or as a result of accepting any prize;
  • problems with the allotment or dispatch of prizes (such as prizes failing to reach the intended recipient); and
  • any act, omission or default of any third-party supplier.

The Promoter does not accept responsibility for network, computer, hardware or software failure of any kind, which may affect the sending, receipt or processing of your entry.

If a Promotion is unable to run as planned due to computer virus, network/technical/communications failure, tampering or any cause beyond the Promoter’s reasonable control, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion or invalidate any affected entries (subject to any written directions given under applicable law).  Entries must not be made through agents or third parties or any automated entry software or any other means which allows an entrant to automatically enter repeatedly. Incomplete entries will be disqualified and will not be counted.

The Promoter’s decision is final and binding in all respects on all entrants. No correspondence will be entered into.  Entries that do not comply in full with these Terms will be disqualified.

If the Promoter has grounds to suspect any entrant or third party of cheating, deception or fraudulent or unsportsman-like conduct of any kind (including, without limitation, manipulating the promotion, choice of prize winner(s) or any entry) the Promoter reserves the right (in its sole discretion) to disqualify any entrant, entry or person it reasonably believes to be responsible for, or associated with, such activity.

Entries may be subject to moderation. The Promoter reserves the right (in its sole discretion) to deem an entry to be ineligible should it contain offensive, inappropriate, obscene, unlawful or otherwise objectionable content.

As a condition of entry, each entrant irrevocably grants to the Promoter a non-exclusive perpetual worldwide licence to use and exploit all intellectual property rights (including without limitation, copyright) in and to works (including, images and text) comprising the entrant’s entry (“Work”), and consents to the Promoter doing (or omitting to do) any acts in respect of the Work which may otherwise constitute an infringement of the entrant’s moral rights. For the avoidance of doubt, the Promoter may use all or any part of an entrant’s Work(s) for any purposes at its discretion, including, without limitation, using the entrant’s Work(s) for promotional, marketing or publicity purposes, whether in respect of this promotion, the Promoter, or otherwise. Each entrant warrants to the Promoter that the Work submitted is an original work of the entrant which does not infringe any rights of any third party. A breach of the warranty set out in this condition will result in the entrant’s entry being invalid. In addition, each entrant indemnifies the Promoter against all loss, damages and costs incurred by the Promoter arising from that entrant’s breach of the warranty set out in this condition.

The Promoter reserves the right to amend these terms and conditions at any time.

  1. Personal Details

The Promoter will use the winner’s, and each entrant’s, personal details for the purpose of administering the Promotion, including prize fulfilment and announcing winners. Please see our Privacy Policy for further details.

The winners agree to allow the Promoter to use their name and likeness for advertising and publicity purposes without additional remuneration. The winners may be required to take part in reasonable publicity and PR activity at the Promoter’s request.

The winner may be required for promotional activity e.g. photographs to be taken and are required to make themselves available without charge for publicity purposes and agree to publication of his/her name. It is a condition of a guest attending the Prize that they provide the same consent.

By entering the promotion, you are indicating your consent to receiving email from the Promoter, and you agree for the Promoter to share your information with the prize givers. You can unsubscribe to emails at any time by clicking on the “unsubscribe” link at the bottom of every email. Please see our Privacy Policy for further details.

  1. English Law applies

The Promotion, and any dispute or claim arising out of or in connection with it (including the prize(s)), shall be governed by and construed in accordance with English law. You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Promotion (including the prize(s)).

  1. Special Notes

Janome MC9400QCP Sewing Machine Prize Draw Terms & Conditions

To be eligible for the Janome MC9400QCP Prize Draw, you must be one of the following:

  1. A paid delegate at a justhands-on.tv sewing retreat in 2018
  2. A paid subscriber of justhands-on.tv at the time of entering
  3. Or, an attendee at a FREE demonstration of the Janome MC9400QCP taking place at a justhands-on.tv sewing retreat in 2018

How to enter:

To take part in this Promotion, paid subscribers must send an email to janomeprizedraw@justhands-on.tv with the subject line “Janome Prize Draw”, providing their name, postal address and contact telephone number.

Paid delegates at a justhands-on.tv retreat and attendees at a FREE demonstration must fill out a registration form that will be provided at the retreat.

The full list of justhands-on.tv retreats can be found on the RETREAT page of JHOTV Service.

Every paid attendance at a justhands-on.tv sewing retreat can be entered into the draw.  All other eligible entries are limited to 1 per person.

The “entrant” is the person whose name is identified on the mode of entry.

No responsibility can be accepted for entries that are not received for any reason.

The promotion starts 1 March 2018.

Entries must be received by midnight (GMT) 31 December 2018.

Winner selection and notification:

  • There will be 1 winner for this Promotion.
  • The winner will be picked at random during the first week of January, 2019.
  • The winner will be notified by email around three working days after the draw.
  • The winner will win a Janome MC9400QCP Sewing Machine (“Prize”).
  • Prize includes shipping of the Janome MC9400QCO to the winner – Janome will ship the Prize directly to the winner to UK Address only.

JHOTV Terms & Conditions updated 27 September 2018

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