Terms of Service
Little Dot Studios – Video on Demand Services
Little Dot Studios is the owner and operator of various Video On Demand services, including brands such as Wizz and Real Stories. These Terms of Service apply to each of our Video On Demand services.
About Us and these Terms of Service
- Welcome to our video on demand service. The service may be available via iOS and Android apps, and via various devices and browsers. These Terms of Service ("Terms") apply to the Service however accessed as well as to any related website, along with any apps we make available, collectively referred to here as the "Service(s)".
- The Service is operated by Little Dot Studios Limited ("us", "we", or "our"). We are registered in England and Wales under company number 08419628 and our registered office is at Berkshire House, 168-173 High Holborn, London, WC1V 7AA. Our VAT number is GB820745736
- If you have any questions regarding these Terms or the use of the Service, please feel free to contact us by emailing our customer services team, whose contact details are provided at the end of these Terms. You might want to print a copy of the Terms for your own records.
- We may update these Terms from time to time for legal or regulatory reasons, or to reflect changes in our services or practices. You should regularly check this page to see if any changes have been made. If you are a fee paying subscriber, any changes (other than price changes) will become effective from the date of your next payment following the change unless we notify you otherwise.
If you are having trouble accessing these Terms of Service or the Services, please contact us at +44 (0)20 3040 4330
- Our hours of operations are: 9.30am – 6pm (UK time)
Registration and Creating an Account
- In some cases you may be required to register and/or set up an account to use the Services and/or to subscribe. To register and/or set up an account you must be aged 18 years or older and resident in the a territory where the Service is officially made available by us – certain restrictions regarding territories of availability may apply as set out on the relevant app or website. Those under 18 may only use the relevant account or subscription or otherwise use the Service with the permission and under the supervision of the account owner or other responsible adult.
- The account owner is solely responsible for providing (and keeping updated) true and accurate information during sign up and throughout the registration or subscription period. The account owner will be responsible for any use of the account or the Service through the account and/or through use of the login or password. The account login and password controls the account and must not be shared with anyone else.
- Please ensure any person accessing the Service through your account is authorised by you and is aware of these Terms and that they must comply with them.
- We may terminate or restrict your use of the Service at any time if you breach these Terms or are engaged in illegal or fraudulent use of the service.
Subscriptions - In the event you subscribe for a pay service, the following section will apply.
- You can find specific details regarding your Service subscription - such as dates and payments made - by visiting the relevant account section on the service.
- Subscription amounts will be detailed for you at the time you subscribe. The fee for your subscription will be billed monthly in advance, commencing on the date you subscribe to the Service (your monthly billing date). Your subscription will continue month-to-month until terminated by you or by us.
- AUTO RENEWAL: Unless you cancel your subscription at least 48 hours before your monthly billing date, you authorise us to charge your next month’s subscription fee to your chosen payment method. You authorise us to continue billing the payment method each month until termination or cancellation.
- If you have had a free trial period, we will notify you via email at least 10 days prior to the end of the trial period that you will be automatically rolled over onto a month-to-month subscription. We will automatically bill your payment method for your monthly subscription fee at the end of the free trial period, unless you cancel your subscription at least 48 hours prior to the end of the free trial period.
- If a payment is not successfully taken, due to card expiry, insufficient funds, or otherwise, and you do not change your payment method or cancel your account by the end of the billing cycle, we will suspend your access to the subscription. This may result in a change to your payment billing dates, and you remain responsible for any uncollected amounts that are due and payable under these Terms.
- We may change the prices of our subscription service from time to time. However, any price changes will apply to you no earlier than 30 days following giving notice to you.
- If you can cancel your subscription you will continue to have access to subscription through to the end of your monthly billing period. We do not provide refunds or credits for any partial-month subscription periods.
- Please note that the content available under a subscription is may be updated or changed at any time.
Cancellation and Termination of any Subscription
In the event you subscribe for a pay service, the following section will apply
- If you subscribe to a pay service, you consent to the immediate start of your subscription and will be entitled to receive immediate access the Services. You acknowledge that this may affect your right to cancel under the Cooling Off Period below.
14 Day Cooling Off / Cancelation Rights
- As a consumer, you have the right to cancel your paid for subscription within fourteen (14) days from the date on which we confirm acceptance of your subscription (the "Cooling Off Period").
- To exercise your right to cancel during the Cooling Off Period, you must within the fourteen (14) day Cooling Off Period, send us an email to firstname.lastname@example.org clearly stating your decision to cancel your subscription. If cancelling, please include details of your name, email address and user name so we can identify your account.
If you cancel your subscription during the Cooling Off Period and:
- you have not accessed the Video On Demand content on the Services, we will refund the entire first month subscription fee received from you; or
- if you have already accessed and used the Video On Demand content on the Services, we will give you a pro rata refund that corresponds to the number of days or amount of your usage.
In any event, we will provide you with any applicable refund amount within fourteen (14) days of the date on which we received your notice to cancel your subscription. We will use the same means of payment for your refund that you used for subscribing.
Other Termination Rights
- Other than your cancellation rights above, you may terminate your subscription with us at any time by using the functionality in the relevant account section on the service or by emailing email@example.com.
- Termination by you will take effect at the end of the then current subscription period, unless your notice is given within 48 hours of the end of the current period. In such circumstances we will attempt to process your termination notice before the end of the current period, but it may not take effect until the end of the following period, in which case you will be billed for a further month and will continue to have access to the Pay Services until your next monthly billing date..
- We may terminate your subscription at any time if in our reasonable opinion you have breached any of the terms, conditions, codes or polices set out in these Terms or otherwise relating to the Service, your subscription or registration, or otherwise you have engaged in illegal or fraudulent use of the Service. In such circumstances termination will take effect immediately and you will not be entitled to any refunds.
Availability and Conditions of Use
- You can view the Service only in a territory where the Service is officially made available by us. If you are not resident in one of these territories, you are not authorised to access or view the service or content. Different content and subscription packages and prices may apply in different territories.
- The Service, and any content viewed through the service, is for your personal and non-commercial use only. Subject to the other conditions of access such as the requirement for a subscription, we grant you a limited, non-exclusive, non-transferable, licence to access Service and view the Video On Demand content on a streaming-only basis. You may not download, copy, rip or otherwise retain or store any of the Video On Demand content. 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.
- You agree to use the Service, 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.
- The Service must not be framed on any other site, nor may you establish a link to any part of the Service other than the home page. Otherwise you may link to the Service, provided you do so in a way that is fair and legal and which does not circumvent any financial revenue we may wish to make, does not damage our reputation or take commercial advantage of it or the content, or otherwise create financial revenue outside of the Service.
- 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 Service, including any software viruses or any other computer code, files or programs.
- To use the Service, you must have internet access and a compatible device, with adequate internet download speeds. We shall not be liable for any failure due to any incompatibility (including, without limitation, minimum storage and memory requirements from time to time). You are responsible for making all arrangements necessary to access the Service. When accessing the Service over your mobile network, you may use and/or exceed your data allowance. Please make sure you are aware of your data allowance or use Wi-Fi where available. We are not responsible for any internet access, data or other charges you may incur when using the Service.
- We may update the Service and we may change the content and services at any time. We reserve the right to withdraw or amend the Service without notice. To the maximum extent permitted by applicable law, we will not be liable to you for any resulting loss or damage (to the extent we are allowed to restrict liability by law) if the Service is unavailable at any time for any period – unless you are a fee paying subscriber in which case we may reimburse you accordingly.
Ownership, use and intellectual property rights
- The Service and all content (including but not limited to any programmes, video information, text, messages, articles, music, images, photographs, software and other content) is owned or licensed by us and/or our licensors. We and our licensors reserve all rights.
- 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. Nothing in these Terms grants you any rights in the service or the content within the service other than the limited access rights permitted herein. All rights not granted under these Terms of Service are reserved by us.
- You may not at any time modify, copy, store, distribute, transmit, display, revise, perform, archive, download, reproduce, publish, license, deep-link, create derivative works from, transfer, scrape, crawl, extract, reutilise, or otherwise use any information, data or content obtained from or available through the Service unless expressly authorised by us.
- You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections on the Service.
- Any software is made available for downloading such as apps is solely for your use in a personal, non-commercial manner. You may not reproduce, redistribute decompile, reverse engineer or disassemble any software or other products or processes accessible through Service.
- We do not accept any unsolicited ideas from outside our company including without limitation suggestions about advertising or promotions, or merchandising of any products, additions to our services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This section 6.6 eliminates concerns about ownership of such ideas. If, notwithstanding this term, you submit an unsolicited idea to us, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, and or to the extent necessary for us to utilise your submission, you hereby grant us an irrevocable, perpetual, world-wide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you.
- Whilst we use reasonable efforts to provide high quality products and services, and to the maximum extent permitted by applicable law, we do not represent, warrant or promise (whether express or implied) that any content or information is or remains accurate, complete and up to date, or is fit or suitable for a particular purpose. To the fullest extent permitted by law, any reliance you place on the information or on the service is at your own risk. Nothing in these Terms shall operate to prejudice or limit any mandatory statutory requirement or your statutory rights.
- The quality (or resolution) of the content you stream will depend on the device you are using, the capability of that device and/or your browser, the speed of your broadband or internet connection, your location, bandwidth available and configuration of your device.
- Occasionally the Service may not be available during any maintenance or update periods or any power or server outages or for other reasons outside of our reasonable control. We always do our best to ensure your access is uninterrupted and error-free, however we can’t guarantee this. If we need to suspend or restrict access to, or update, the Service or content, we will do its best to minimise any disruption to you.
Links and third party sites
- The Service and/or the Content may contain links to third party websites and services. If you decide to visit any third party site or use a third party service, you do so at your own risk. We are not responsible for the content, accuracy or opinions expressed on such websites or services. Links do not imply that the Service is affiliated to or associated with such sites or services.
- Your browsing and interaction on any other website or your use of other services, including websites and services which have a link to or from the Service, is subject to that operator’s own rules and policies. Please read those rules and policies before proceeding.
Warranties and limitation of liability
- We warrant that we will provide the Service with reasonable skill and care and substantially as described in these Terms.
- We make no warranty that the Service will meet your requirements, or that the content will be accurate or reliable. Nor do we warrant that the functionality of the website will be uninterrupted or error free, that defects will be corrected or that the website is free of viruses or anything else which may be harmful or destructive.
- Other than any express warranties set forth herein and any rights you have under consumer laws, the Service is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and, to the maximum extent permitted by applicable law, without further warranty of any kind whether express or implied, including but not limited to the implied warranties of non-infringement, compatibility, security and accuracy.
- To the maximum extent permitted by applicable law, we shall not be liable under any contract, tort, breach of statutory duty or strict liability, or other legal or equitable theory for any any lost profits, lost data, lost opportunities, costs of cover, exemplary, punitive, special, incidental, indirect or consequential losses, except to the extent that the loss or damage was incurred as a direct result of our fraud or wilful misconduct.
- In any event, to the fullest extent permitted by law, our maximum liability for direct damages to you shall exceed the amount equivalent to the fees paid by you in the preceding 12 months.
- We do not exclude or limit our liability for death or personal injury arising from our negligence, for any fraudulent misrepresentation made by us or for any other statutory rights which are not capable of being excluded.
- Nothing in these Terms shall affect your statutory rights as a consumer.
Indemnity to us.
If you are in breach of these Terms, to the maximum extent permitted by applicable law you will be responsible for and agree to indemnify us in respect of any costs, expenses, claims, proceedings, actions, losses, damages or liabilities (including reasonable legal fees) incurred by us as a direct result of your breach.
- These Terms contain the entire understanding and agreement between us and you in relation to your use of the Service and supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein.
- 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.
- The failure by us to partially or fully exercise any rights or the waiver by us of any breach of these Terms of Service by you shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Service. Our rights and remedies under these Terms of Service and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
- If you are located outside of the United States, 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.
- If you are located in the United States, the laws of the State of New York shall govern these Terms of Service and this section 11.6 shall apply. While we will make reasonable efforts to resolve any disagreements you may have with our company, if these efforts fail you agree that all claims, disputes or controversies against our company arising out of these Terms of Service, or the purchase of any products or services ("Claims") are subject to fixed and binding arbitration (except for matters that may be taken to small claims court), no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims. The party filing an arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing an arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and our company agree in writing, and the arbitrator shall apply New York law consistent with the Federal Arbitration Act. You shall not be entitled to join or consolidate Claims in arbitration by or against other users or to arbitrate any Claim as a representative or member of a class or in a private attorney general capacity. You may obtain copies of the current rules, and forms and instructions for initiating an arbitration by contacting the American Arbitration Association at using the contact information noted below.- American Arbitration Association,800-778-7879 (toll-free),Website: www.adr.org A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms of Service, in which case these Terms of Service will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party's attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator's award is final and binding on the parties unless we or you appeal it in writing to the arbitration firm within fifteen (15) days of notice of the award. The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the American Arbitration Association. An award by a panel is final and binding on the parties after fifteen (15) days has passed. Any Claim you have must be commenced within one (1) year after the date the Claim arises. As noted above, you and our company hereby voluntarily and knowingly waive any right either may have to a jury trial.We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is transferred, removed or appealed to a different court, we may then choose to arbitrate.In the event this arbitration clause is not enforceable by the specified arbitration organization, the parties will mutually agree upon another arbitration organization that will enforce this clause.
- If you are located in the United States, you agree that, by accepting these terms of service, you and our company are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind. Claims and remedies sought as part of a class action, private attorney general or other representative action are subject to arbitration only on an individual (non-class, non-representative) basis, and the arbitrator may award relief only on an individual (non-class, non-representative) basis.
If you have an enquiry or complaint about the Service, you should contact our customer services team at firstname.lastname@example.org and we will try to answer your enquiry or resolve any complaint as soon as possible.
Last updated: April 2018