- Availability and conditions of use
1.1 The service is made available to you by us. Whilst we make every effort to ensure that the service - including the website and app - is available, we do not represent, warrant or guarantee in any way continued availability at all times or uninterrupted use by you. We reserve the right to suspend or cease the operation of the service from time to time at our sole discretion.
1.2 As a condition of your use of the service, you agree:
1.2.1 not to use the site for any purpose that is unlawful under applicable law, or prohibited by these Terms; and
1.2.2 not to defame, disparage anybody or behave in a manner which is obscene, derogatory or offensive;
1.2.3 to be responsible for ensuring that your use of the service is consistent with all applicable laws and regulations.
1.3 We reserve the right to prevent or suspend your access to the service if you do not comply with any part of these Terms or any applicable law.
- Ownership, use and intellectual property rights
2.1 The service and all content is owned and operated by us and/or our licensors. We and our licensors reserve all rights.
2.2 The service is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, revise, perform, reproduce, publish, license, deep-link, create derivative works from, transfer, or sell any information or content obtained from the service unless expressly authorised by us.
2.3 Any intellectual property rights (including without limitation all patents, copyright, database rights and trademarks (whether registered or unregistered)) subsisting in any content or material on the service belongs to us and/or our licensors. All rights are reserved for the benefit of ourselves and/or our licensors. Nothing in these Terms grants you any rights in the service or the content within the service.
2.4 The use or misuse of any trademarks or any other content on the service, except as provided in these Terms or in the service content, is strictly prohibited. Nothing contained in the service shall be construed as granting, by implication, estoppel or otherwise, any licence or right to use any trademark without our prior written permission.
3.1 Any software that is made available for downloading from the service is our copyrighted work and/or that of our licensors.
3.2 You may only use such software in accordance with the terms of the end user license agreement, if any, which accompanies or is included with the software. You are authorised and will not be able to install any software unless you agree to be bound by the end user licence agreement.
3.3 The software is made available for downloading solely for your use in a non-commercial manner. Any reproduction or redistribution of the software not in accordance with the end user licence agreement is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
3.4 The software is warranted, if at all, only according to the terms of the end user licence agreement. Except for the warranties which may appear in the end user licence agreement, we hereby disclaim all warranties, conditions and other terms (whether express or implied) with regard to the software, including all implied warranties and conditions of satisfactory quality and fitness for a particular purpose.
4.1 We appreciate hearing from our customers and welcome your comments regarding our products, including our online services. Our company policy does not encourage you to submit or send to us any unpatented ideas, advertising or marketing suggestions, patent applications, models, prototypes, or any information, written or oral, which you regard as confidential (collectively referred to as ‘Unwanted Submissions’). While we value your feedback on our services and products, we request that you restrict your comments to our services and products and do not submit any Unwanted Submissions.
4.2 Please note that any submission (including any Unwanted Submission) made to us is deemed to be our property and we are entitled to utilise any such submission in any manner we see fit. We shall not be subject to any obligation of confidentiality nor be liable for any use and/or disclosure of such submissions.
5.1 While we use reasonable efforts to include accurate and up-to-date information on the service, we do not represent, warrant or promise (whether express or implied) that any information is or remains accurate, complete and up to date, or fit or suitable for any purpose. Any reliance you place on the information on the service is at your own risk. Nothing in these Terms shall operate to prejudice any mandatory statutory requirement or your statutory rights.
5.2 Content on the service is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites, which may be of interest. It does not constitute technical, financial, legal advice or any other type of advice and should not be relied on for any purposes.
5.3: We are not obliged to tell users about new content or features due to be launched on the Raindance Player, and may not do so in advance, for commercial or technical reasons.
- Using Raindance Player, powered by Shift72
6.1 General service: This section covers terms relevant across the whole service, including free films; and terms relevant for both paid-for parts of the service - subscription and rentals.
6.2 Account registration: Only one account can be registered per email address.
6.3 Equipment needed: To play films on the service, you must have internet access and a Raindance Player compatible device, with adequate internet download speeds.
6.4 Payment method: To rent films or take out a subscription on the service, you must provide us with a current, valid, accepted payment card (‘your payment method’), which may be updated by your bank as it expires.
When you enter or update a payment method and carry out a transaction with it, this payment method will become your new payment method for rentals and the payment method if you take out a subscription.
You can store only one payment method at a time, and you authorise us to continue billing the payment method - it may be updated by your bank as it expires - and you remain responsible for any uncollected amounts.
6.5 Changes to prices: We may change the prices of our rental films and subscription service from time to time; however, any price changes will apply to you no earlier than 30 days following email notice to you.
6.6 Changes to film payment types: We may move files between rentals and subscription, from time to time, based on rights agreements with our licensors; however, your original payment type (rental or subscription) will be honoured - you will not be charged more if this happens.
6.7 Viewing films: You can view Raindance feature films only in the UK. Limited content is available worldwide. Raindance Player, and any content viewed through the service, are for your personal and non-commercial use only.
When you rent films or take out a subscription, we grant you a limited, non-exclusive, non-transferable, licence to access Raindance Player and view films on a streaming-only basis.
Except for the foregoing limited licence, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
The number of devices on which you may watch rental and subscription films is limited to four, and two of those devices only can be swapped within any six month period. You may watch films only on a single device at any one time.
6.8 Age restrictions: You must be 18 years of age to hold a Raindance Player account. Minors may only use the service under the supervision of an adult.
6.9 Restrictions: You agree to use Raindance Player, including all associated features and functionalities, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content.
You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in Raindance Player; use any robot, spider, scraper or other automated means to access Raindance Player; decompile, reverse engineer or disassemble any software or other products or processes accessible through Raindance Player; insert any code or product or manipulate the content of Raindance Player in any way; or, use any data mining, data gathering or extraction method.
In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Raindance Player service, including any software viruses or any other computer code, files or programs.
We may terminate or restrict your use of our service if you violate these Terms or are engaged in illegal or fraudulent use of the service.
- Using Raindance Player subscription
7.1 Subscription payments: We will automatically bill your payment method for your subscription fee upon booking your pass or donating through Shift72, no refunds policy applies. We do not provide refunds or credits for any pass or unwatched films.
- Warranties and limitation of liability
8.1 You agree that your use of the service is on an ‘as is’ and ‘as available’ basis. Consequently, we make no representations, warranties, conditions or other Terms (whether express or implied) in relation to the provision of the service, including without limitation as to completeness, accuracy and currency or any content and information on the service, or as to satisfactory quality, or fitness for particular purpose.
8.2 To the maximum extent permitted by applicable law, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of:
8.2.1 any error or inaccuracies in any information or material within or relating to the service;
8.2.2 the unavailability of the service for whatsoever reason; and
8.2.3 any representation or statement made on the service.
8.3 Under no circumstances shall we be liable to you for any loss or damage suffered (including without limitation direct or indirect losses) arising from your use of, or reliance on, the service (including the downloading or any software, program or information).
8.4 We do not exclude or limit our liability for death or personal injury arising from our negligence, for any fraudulent misrepresentation made by us on the service or for any other statutory rights which are not capable of being excluded.
9.1 If you are in breach of any of these Terms, you agree to indemnify and hold us harmless in respect of any costs, expenses, claims, proceedings, actions, losses, damages or liabilities incurred by us in relation to or arising from such a breach.
10.2 These Terms contain the entire understanding and agreement between us and you in relation to your use of the service and supersedes and replaces any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein.
10.3 Should any part of these Terms for any reason be declared invalid or unenforceable by a court of a competent jurisdiction, it shall be deemed to be deleted without affecting the remaining provisions.
10.4 These Terms are governed and construed in accordance with the laws of England and Wales and you consent to the exclusive jurisdiction of the courts of England. Last updated: September 2020