Private Spice Terms and Conditions Legal Notices Copyright Notice
Copyright © Spice Platinum and Spiceplatinum.nl and its affiliates are all trading names of Satellite TV International, B.V. ("STVI"). All rights reserved. The material on this site may not be reproduced and may not be distributed, publicly performed, proxy cached or otherwise used, except with the prior express permission of STVI.
HTTP://WWW.SPICEPLATINUM.NL, Spice, Spice UK, Spice Platinum, Playboy, Playboy TV and Playboy TV are trademarks of Playboy TV UK Limited or its associated companies.
Privacy Statement for Spiceplatinum.nl
STVI has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses our information-gathering and dissemination practices for this site: Spiceplatinum.nl.
Our site occasionally uses an order form for customers to request information, products and services. We collect Users' contact information (like their email address) and financial information (like their account or credit card numbers). Contact information from the order form is used to send orders, information about our company and promotional material from some of our partners to our customers. The User's contact information is also used to get in touch with the User when necessary. Users may opt-out of receiving future mailings; see the delist/deactivate section below. Financial information that is collected is used to bill the User for products and services.
Our online surveys ask Users for contact information (like their email address) and demographic information (like their post code, age, or income level). We use contact data from our surveys to send the user information about our company and promotional material from some of our partners. The Users contact information is also used to contact the User when necessary.
Terms and Conditions
Welcome to Spiceplatinum.nl. To ensure that you enjoy the highest standards of quality and service during your visits to the Spice Platinum Web site, we encourage you to read through the following information. These legal notices spell out the terms and conditions to which Users are expected to adhere.
TERMS OF SERVICE
1.1 In these Conditions unless the context otherwise requires:-
"User" means any individual, firm, company, partnership or other party with whom STVI contracts for the Goods or Services set out below;
"Contract" means any one or more contract for the sale of goods and/or the supply of services set out below howsoever made between STVI and the User;
"Delivery" means delivery to the User's premises or other location as shall be notified by the User to, and agreed by STVI (whether for the purpose of receipt, installation, storage or otherwise);
"Force Majeure" means any act of God, government or state, war, civil commotion, insurrection, fire, breakdown of equipment or machinery, delay by suppliers, trade disputes including disputes involving STVI's own employees, and any other reason why a Contract cannot be performed and which is beyond the control of the parties;
"Goods" means a smart card, supplied by STVI, which, when inserted in a set top box and enabled, will descramble and enable viewing of digital satellite transmissions of Spice Platinum, the subject of any Contract. The User is responsible at its own expense for the purchase and installation of the set top box and all other equipment to enable viewing of digital satellite transmissions of Spice Platinum;
"Intellectual Property" means any letters patent, copyright, registered or unregistered design rights, trade marks, goodwill or other intellectual property or moral rights;
"Services" means access to content on Spiceplatinum.nl and on the Spice Platinum television channel, the subject of any Contract; and,
"Price" means the price or prices for the Goods and/or Services referred to in condition 7, or other price or prices agreed in writing, together with all other sums which the User may owe to STVI from time to time, including, without limitation, the sums referred to in condition 10.
1.2 References to a "condition" or "these Conditions" are respectively to the specified term or condition or all of the terms and conditions set out herein.
1.3 References to a "party" or the "parties" are respectively to STVI and/or the User, but are expressly distinguished from references to a "third party".
2 No Contract creates any right which is enforceable by a person who is not a party to the Contract.
3. ACCESS AND AVAILABILITY OF SERVICES AND LINKS
3.1 The contents of the Service are intended for the personal, noncommercial use of its Users. All materials published on the Service (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright and other intellectual property laws, and are owned or controlled by STVI, or the party credited as the provider of the Content, software or other materials. User shall abide by all additional copyright or other notices, information or restrictions appearing in conjunction with any Content accessed through the Service.
3.2 The Service is protected by copyright as a collective work and/or compilation, pursuant to U.S. & European copyright laws, international conventions and other copyright laws. Except as set forth in these Conditions, User may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials or Service in whole or in part.
3.3 User may download or copy the Content and other downloadable items displayed on this Service for personal, noncommercial use only, provided that User maintains all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from STVI.
4. REPRESENTATIONS AND WARRANTIES
4Spiceplatinum.nl contains links to other related World Wide Web Internet sites, resources and sponsors of STVI. Selection of an ad banner or link redirects User away from Spiceplatinum.nl to a third party. Transactions that occur between the User and the third party are strictly between the User and the third party and are not the responsibility of STVI. Because STVI is not responsible for the availability of these outside resources or their contents, User should direct any concerns regarding any external link to its site administrator or Webmaster.
5. REPRESENTATIONS AND WARRANTIES
5.1 User represents, warrants and covenants (a) that User is at least 21 years old. User hereby indemnifies, defends and holds STVI and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by User of the User Agreement or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys' fees. User shall cooperate as fully as reasonably required in the defense of any claim. STVI reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User.
5.2 STVI neither represents nor endorses the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any User, information provider or any other person or entity. SPICEPLATINUM.NL, THE SERVICE, THE ACCESS SOFTWARE (DEFINED HEREIN) AND ANY MATERIALS PROVIDED BY STVI OR THIRD PARTIES THROUGH SPICEPLATINUM.NL AND THE SERVICE ARE PROVIDED "AS IS." STVI MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH THE SERVICE. STVI SHALL NOT BE RESPONSIBLE TO THE USER OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF THE SERVICE, THE ACCESS SOFTWARE OR ANY OF THE MATERIALS PROVIDED BY STVI OR THIRD PARTIES THROUGH THE SERVICE, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SERVICE OR THE ACCESS SOFTWARE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF STVI HAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
5.3 User hereby acknowledges that use of the Service is at User's sole risk. STVI is not liable for direct or indirect, consequential or incidental injury, loss or damage (whether in contract or in tort including negligence on the part of STVI or its agents) arising out of or in connection with any defects in the Goods and/or the provision of the Services or any act, omission, neglect or default (whether or not the same constitutes a fundamental breach or breach of a fundamental term of the Contract) of STVI or its agents in the performance of the Contract.
5.4 The User will indemnify STVI against all actions, claims or demands by third parties against STVI howsoever arising, directly or indirectly in respect of or in connection with the Goods and/or the Services or the Contract or the failure by STVI to deliver or supply either or both of the Goods or the Services on the terms of the Contract.
5.5 Without prejudice to the foregoing in no circumstances is STVI liable for any loss, damage, costs or expenses which exceed in the aggregate the Price.
6. SOFTWARE LICENSES
User shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to User to access the Service ("Access Software"). User may not sublicense, assign or transfer any licenses granted by STVI, and any attempt at such sublicense, assignment or transfer is void. User may copy such software for archival purposes only. User may not copy, distribute, modify, reverse, engineer or create derivative works from Access Software.
7.1 The price for the Goods and/or Services shall be those prices ruling at the date of receipt of order.
7.2 All prices are quoted as exclusive of all applicable delivery charges or value added tax or any other tax, duty, tariff or charge arising in the United Kingdom or elsewhere.
8.1 STVI will arrange Delivery.
8.2 Risk in the Goods passes to the User upon Delivery (except as provided in section 6) and the User should insure the Goods accordingly.
8.3 If the Goods are lost or damaged in transit STVI will (at its sole discretion) repair or replace the Goods provided that:
the User gives written particulars in reasonable detail of the loss within 10 days of the relevant invoice date or (as the case may be) of the damage within such time as will enable STVI to comply with the carrier's time limits and in any event within 5 days of Delivery; and
the User preserves and if requested to do so returns the damaged Goods together with all packing materials to STVI's premises within 21 days of Delivery.
8.4 In respect of the repair or replacement of Goods under condition 8.3 the time for Delivery shall be extended for such period as STVI reasonably requires for such replacement or repair.
8.5 Other than as expressly provided in this condition STVI has no liability whatsoever for, or in connection with, any damage to or loss of the Goods in transit.
9.1 Notwithstanding earlier Delivery, until payment in full has been received by STVI for all Goods and/or Services the subject of any Contract, the Goods shall remain the property of STVI and ownership will not pass to the User.
9.2 The User shall hold Goods, the property of which remains in STVI, as bailee for STVI.
9.3 Whilst property in any Goods remains in STVI, STVI shall have the right, without prejudice to the obligation of the User to purchase the Goods, to re-possess the Goods and for that purpose the User grants an irrevocable licence to STVI and its representatives to go upon any premises occupied by the User.
The Price is payable by the User in cash without set-off, deduction or counterclaim. Time of payment of the Price is of the essence.
12.1 Playboy may, in its sole discretion, terminate or suspend User's access to all or part of the Service for any reason, including, without limitation, breach of the Terms of Service.
12.2 Users of Spiceplatinum.nl acknowledge that site administrators have the right to terminate use without notice for any User who restricts, inhibits or disrupts any STVI event or attempts to alter or improperly access any feature or function of the site. A User's access may also be subject to termination if the User; harasses or threatens any STVI or Playboy employee; or improperly impersonates a STVI or Playboy employee or other individual.
10 DELIVERY AND SUPPLY
10.1 Time of Delivery is not of the essence of the Contract.
10.2 STVI will use its reasonable endeavours to comply with any date for despatch or Delivery of the Goods and/or supply of Services stated in the Contract, but such dates are statements of expectation only and are not binding.
10.3 The User will accept Delivery of the Goods and/or supply of Services when tendered.
10.4 If STVI is prevented or hindered from despatching or delivering the Goods or any part thereof and/or supplying the Services or any part thereof in accordance with the Contract by any circumstances beyond its reasonable control, whether by Force Majeure or otherwise, further performance of the Contract shall be suspended for as long as STVI is so prevented or hindered, up to a maximum of six consecutive months, after which either party may terminate the Contract or any unperformed part of it. In such circumstances the User shall pay at the Contract rate for all Goods and/or Services delivered and/or supplied.
10.5 For Contracts under which STVI sells outside the United Kingdom the User must obtain all necessary licenses, consents and approvals required to enable the performance of the Contract, as soon as reasonably practicable and in no case later than is required to enable STVI to deliver the Goods and/or Services on the due Delivery date.
10.6 The User will reimburse STVI its additional costs if expedited Delivery is agreed. If postponement of Delivery is agreed or occasioned by the User, the User will pay all costs and expenses thereby incurred by STVI (including a reasonable charge for storage) and the Goods will be held at the User's risk as from the due date for Delivery.