Last Updated: 20 July 2019
TERMS OF SERVICE / QueerBee Online
PLEASE READ THESE TERMS CAREFULLY. YOUR ATTENTION IS DRAWN TO THE LIMITATION OF LIABILITY CONTAINED IN SECTION 9 BELOW.
1. WELCOME TO QueerBee
To accept our Terms, please “tick” the acceptance box when you sign up for the service provided you are 18 (eighteen) years old or over.
C) QUEERBEE reserves the right to change these Terms at any time without prior notice and such change will be effective from the time of posting the revised terms and conditions of service on the Website. Please look at the bottom of this page to see when these Terms were last updated. Every time you subscribe for a year of Content from QUEERBEE, the Terms in force at the time of your subscription will apply to the contract between you and QUEERBEE. It is important that you are familiar with the most up-to-date Terms. If we change the Terms and you do not agree with the changes, you must stop using the QUEERBEE Services. If you do not agree our changes and you tell us so https://www.queerbee.org/dashboard, then QueerBee will give you a refund or, at our discretion, a credit voucher for any complete unelapsed month of your annual subscription to QueerBee and will charge you an administrative fee currently £10 (ten pounds sterling).
D) Access to parts or all of the QUEERBEE Services and Website may be restricted from time to time to allow for repairs, maintenance or updating. QUEERBEE reserves the right to withdraw, take down or amend all or any part of the QUEERBEE Services, Website and/or Content at any time. QUEERBEE reserves the right to change, modify, suspend or discontinue the QUEERBEE Services at any time.
2. The QUEERBEE Services
The QUEERBEE Services include a secure cloud-based, video on demand platform that offers video on demand services (Uscreen based in Maryland United States of America, in conjunction with bluehost.com based in Utah United States of America) to subscribers in the Territory (as defined below). The QUEERBEE Services are available to Devices (as defined below). The QUEERBEE Services are provided on a temporary rental basis for a limited period of time and you may not download, stream, rip or otherwise copy any of the materials provided through the QUEERBEE Services. The QUEERBEE Services allow you to access and view digitized versions of feature films, documentaries and other digital content (collectively “Content”) by streaming a copy to a Device (as defined below).
3. How to Use the QUEERBEE Services
You agree: to keep your password and your user name secure and confidential and not to allow anyone else to use your user name address or your password to access the Website or the QUEERBEE Services especially anyone under the age of 18 (eighteen) years old; to refrain from doing anything which would assist anyone who is not a registered user to access any secure area of the Website or the QUEERBEE Services; and to refrain from creating additional registration accounts for the purpose of abusing the functionality of the Website and the QUEERBEE Services or to seek to pass yourself off as another user. QUEERBEE cannot check the identities of people using the QUEERBEE Services with your password or user name. QUEERBEE will not be responsible for any losses suffered by you where your log in name or password is used by someone else to access the QUEERBEE Service unless due to QUEERBEE’s negligence. You agree to notify QUEERBEE immediately if you become aware of or suspect any unauthorised use of your password or user name. You are solely responsible for any activities that occur in relation to your registered account with QUEERBEE. YOU ARE FULLY RESPONSIBLE AND LIABLE FOR ALL USE OF, AND ALL ACTIVITY CARRIED OUT UNDER YOUR ACCOUNT (WHETHER BY YOURSELF OR BY A THIRD PARTY WHO HAS BECOME AWARE OF YOUR USER NAME AND PASSWORD THROUGH YOUR DELIBERATE ACT OR NEGLIGENCE. You understand and accept that you will be negligent if you connect to the internet using unsecured Devices, Devices which are not updated or patched to the latest software or firmware releases, or Devices which are not running up-to-date and effective antivirus or antimalware programs or apps, or Devices with operating systems or programs which can no longer get security updates or patches; you will be negligent if you connect to the internet using Wifi connections that do not meet a WPA 2 level of encryption (i.e. an open Wifi connection or one that is only encrypted to the WEP or WPA level; and you will be negligent if you connect to the internet using a public internet service, e.g. internet cafes hotels, restaurants, airports and stations or other public networks or areas .
In order to take out an annual subscription for Content:
i. use your credit or debit payment card to pay for your annual or monthly subscription. Always check that your internet connection to QueerBee is secure - this will usually be shown by a padlock sign on your browser. Card details will not be stored by QUEERBEE; QUEERBEE do not store any financial information. All transactions are made on our behalf by Stripe.com a payment service provider compliant with the Payment Card Industry Data Security Standards (PCI-DSS) and the Payment Application Data Security Standards (PA-DSS) and certified at the highest level of payment industry standard ( PCI Level 1 Service Provider) . Our payment processor Stripe will take payment by the debit cards and credit cards accepted by Stripe from time to time. QueerBee will review and validate our own compliance with PCI-DSS at least once a year.
You must ensure that you give accurate and current information when you register as a subscriber. You can update this information at any time via the QueerBee website https://www.queerbee.org/dashboard or email to firstname.lastname@example.org
If you want to end your registration please contact QUEERBEE at email email@example.com and QUEERBEE will delete your registration from its active systems and backups, but QueerBee may retain some or all of your registration and use details in a separate, secure and RESTRICTED database located within the UK. Under the EU General Data Protection Regulation and the UK Data Protection Act 2018, QueerBee can ONLY use this RESTRICTED information for purposes of complying with laws and regulations or for evidence in legal matters. Restricted information may be held on such a basis for the full terms provided under the English Limitation Act 1980 as amended and modified, or as may be amended, modified or replaced. We may set up and maintain a restricted database to deal with eg, issues of privacy or age verification after you have left.
Your registration details will be protected by encrypted software meeting generally accepted industry standards.eg the relevant ISO certifications (ISO 27000 series and ISO 23201]
B) Age Restriction: You must be an individual person aged at least 18 (eighteen) years or over to use the QUEERBEE Services. To verify your age QueerBee may use an outside service accredited with the British Board of Film Classification (BBFC) as regulator www.ageverificationregulator.com
C) Viewing Period: You are allowed to watch Content during the 12 (twelve) month period starting the day you subscribe to QueerBee in accordance with section 3.K (“Viewing Period”) if you take out an annual membership. You are allowed to watch Content during the 30 (thirty) day period starting the day you subscribe to QueerBee in accordance with section 3.K (“Viewing Period”) if you take out a monthly membership.
E) Usage Rules:
i. You may access the QUEERBEE Services and the Website only via up to 3 (three) computer devices owned by yourself, and which devices may include smartphone, computer entertainment system, a personal computer, a mobile tablet, an internet-enabled television, home video equipment or another authorised device capable of receiving the QUEERBEE Services (each a “Device”). Content providers may stipulate restrictions relating to the number and type of Devices which may access particular content. QUEERBEE will use its reasonable endeavours to inform you of any such restrictions. QUEERBEE reserves the right to change the number of Devices at its sole discretion
ii. The QUEERBEE Services are currently available on a number of platforms or applications see headings Browsers and Platforms below. Therefore your access to the QUEERBEE Services may require you to use another service, electronic guide, platform, portal or network gateway integrated with or used by your Device, which may be operated by a third party. Where this is the case, access to such services will be subject to terms and conditions and Privacy Policies imposed by the third party. You should read and understand the terms and conditions and Privacy Policies of such third party before you access those services, which are not the responsibility of QUEERBEE. If you encounter any difficulties using those services or have any complaints then you should contact the third party provider.
iii. It is your responsibility to ensure that you are able to comply with the minimum system requirements set out at section 3(G) below. To the extent permitted by law, QUEERBEE accepts no responsibility for any lack of functionality and/or failure to provide any of the QUEERBEE Services that is due to your equipment not complying with the minimum system requirements. You understand and accept that, minimum system requirements may change from time to time because of changes in technology and/or security issues. QueerBee makes no warranty and gives no assurance that any Device that you are presently using to access the QueerBee Services will continue to be able to do so in the future.
iv. QUEERBEE does not give any assurance that the QUEERBEE Services, the Website or any of the Content is free of viruses. QUEERBEE strongly recommends that you install effective and up-to-date software on your Devices to protect against viruses and malware and that you always promptly install any and all patches and updates of such protective software including for spotting viruses or malware.
v. You are responsible for making all arrangements necessary for you to have access to the QUEERBEE Service or the Website and for all connection and other charges incurred in visiting and accessing the QUEERBEE Services or the Website.
vi. Subject to your payment of the subscription fee (and relevant taxes or duties) for access to Content and your compliance with these Terms, QUEERBEE grants you a non-exclusive, non-transferable, non-sub-licensable, limited license during the applicable Viewing Period to access and view the Content for Personal, Non-Commercial Use only (“Limited Licence”) by streaming the Content to the Devices as set out in section 4.F below. As used in these Terms, “Personal, Non-Commercial Use” means the viewing of such Content where no additional fee or other payment or consideration of any kind (other than the subscription fee you pay to subscribe to QueerBee) is charged or received, and which takes place in your private home or, if outside your private home (for example in an office, hotel, airplane, airport) is limited to private viewing by yourself. The Limited Licence specifically excludes any public presentation even if no payment is charged. Except for the Limited Licence described above you shall not copy, reproduce, republish, transmit, retransmit, post, edit, modify, record, rip, commercially exploit, broadcast, download, communicate to the public or distribute or use in any manner whatsoever the QUEERBEE Services, the Content, the Website or its webpages or materials or the computer codes of elements comprising the QUEERBEE Services.
vii. You understand and agree that any and all content on the QUEERBEE Services, including without limitation the Content, text, photos, scripts, artwork, images, sounds, music, trailers, data and metadata, interactive features and other copyrightable materials and the like and the designs and the trademarks, service marks and logos contained therein (“Protected Content”) are owned or controlled by QUEERBEE or licensed to QUEERBEE by content providers who own such Protected Content and are protected by the laws of England and Wales and of other applicable jurisdictions. Nothing in these Terms or your usage of the QUEERBEE Services entitles you to any rights in any of the Protected Content on the QUEERBEE Services.
viii. Any use other than that allowed under section 3.E. (vi) is strictly prohibited and no other use by you may be undertaken without QUEERBEE’s prior written authorisation.
F) Number of Devices: You may access Content on up to 3 (three) different Devices owned by yourself.
G) Minimum system requirements: In order to access Content, your Device will need to comply with the following minimum system requirements:
- Internet Explorer 11 on Windows 7 and 8.1
- Edge and Internet Explorer 11 on Windows 10
- Safari (from version 9.1 onwards on Mac OS X 10.11 and above (El Capitan)
- Mozilla Firefox (version 47 onwards)
- Google Chrome (version 35 onwards)
In the case of each browser, so long as you added security updates as required
- Windows 8.1 so long as supported by Microsoft.
- Windows 7 so long as in extended security support by Microsoft, currently expected to last until 14 January 2020.
- Linux [ specify which version]
- OS X 10.5.7 and above
- Apple iOS 9 and above
- Samsung Smart TV - 2013 models and above
- Virgin Media Tivo service
- Amazon FireTV and Stick
- Android - selected Devices only
- Apple TV - 4th generation boxes 9.0 and above
- Google Chromecast compatible
QUEERBEE may terminate your registration and account at its sole discretion. QUEERBEE will notify you at the email address you gave upon registration if it does so.
I) Security: The Content is protected by Digital Rights Management security. You agree not to attempt to circumvent any such security measures implemented by QUEERBEE or its content providers in respect of the Content.
J) Advertising: QUEERBEE may include such advertising, promotions, promotional bannering on the Website and as part of the QUEERBEE Services as it shall determine in its sole discretion.
K) Buying an annual subscription: To subscribe to Content on the QUEERBEE Services, you must place a subscription order by hitting the “join” icon, which will take you to the order confirmation screen. When you select the debit/credit card option you will be required to input the payment details. It is your responsibility to ensure that you have checked the details of your order carefully before confirming your order. Your order constitutes an offer to us to subscribe to Content, and we may or may not accept your order in our discretion. Where we accept your order, we shall notify you of our acceptance by transferring you to our order acceptance screen ("Order Acceptance Screen"). The order will only be accepted (and the resulting subscription contract between you and us will only be formed) when we transfer you to the Order Acceptance Screen. A summary of the information contained in the Order Acceptance Screen will also be emailed to you at the email address you gave upon registration. Contracts may only be concluded in English. Once you have started to view any part, however short, of any Content, you will not be entitled to any refund or cooling off period or the equivalent if you decide not to view any more Content [but see 1D above for partial refund/credit if you do not agree a change in our Terms]. See also section 6 “Payment”
L) Discount: If you are given a valid promotional code or voucher, you may be entitled to a discount on the QUEERBEE Services. As codes and vouchers may be time, territory or otherwise limited, QUEERBEE gives no assurance or warranty that the code or voucher will remain effective at all times
M) Technical Issues: If you experience any technical problems in using the QUEERBEE Services please contact our team via: email firstname.lastname@example.org
4. Subscriber Restrictions
You agree that you will not, nor will you assist or cause any third party to or attempt to:
A) Copy, sell, rent, lease, re-distribute, broadcast, sublicense, transfer, reproduce, record, transmit, modify, translate, alter, emulate or assign any right to the Content or the Website in any way edit, modify translate or create derivative works or adaptations of the Content;
B) Remove any proprietary notices or labels on the Content or Website:
C) Disable, bypass, remove, change, modify, deactivate, impair or otherwise circumvent any safeguards, encryption, security measures, copy protection technology or other digital rights management system in which any of the Content is protected or which is otherwise incorporated on the Website, in the QUEERBEE Services, Devices or Content;
D) use the Content, the QUEERBEE Services and/or Website for any commercial purposes or for any purposes which are illegal in civil law or criminal law of the United Kingdom or any equivalent in any territory or government anywhere in the world;
E) Duplicate or otherwise reproduce any content (including without limitation the Content) contained on the QUEERBEE Services or Website in any physical form or medium or memory or device now known or hereafter devised;
F) Damage, hack, crack, copy, reverse-engineer reproduce, decompile, disassemble, encrypt whether by ransomware or otherwise, DDOS or DOS Attack (distributed denial of service attack and denial of service attack respectively) or otherwise interfere with the Website, QUEERBEE Services or Content.
If you breach or contravene the above restrictions in any way, you agree to pay all damages and costs incurred by QUEERBEE. QUEERBEE will cooperate with the authorities in prosecuting you if you breach these restrictions or otherwise attempt to defraud QUEERBEE or any other parties through your use of the Website, QUEERBEE Services or the Content. QUEERBEE reserves the right to take any action QUEERBEE may deem appropriate in its sole discretion with respect to violations or enforcement of the Terms and QUEERBEE expressly reserves all rights and remedies available to QUEERBEE at law or in equity.
5. Content Availability
QUEERBEE reserves the right to change the QUEERBEE Services, the Website and the content of the Website including without limitation the Content from time to time as it shall determine. QUEERBEE makes no guarantees that any particular item of Content will be available for any period of time.
A) General: Subscriptions fee prices are exclusive of UK VAT or similar sales taxes if applicable (QueerBee is not currently registered for VAT in the UK. Payments in relation to the QUEERBEE Services must be made via debit or credit card payments
B) Cancellation and Refunds: If you take out a subscription but then change your mind before having viewed any Content, you may cancel your subscription to the QUEERBEE Services at any time up to the expiry of 14 (fourteen) days after the day on which the contract was formed in accordance with section 3(K) above) ,you just need to let QUEERBEE know that you have decided to cancel. By writing an e-mail to QUEERBEE at email email@example.com or contact QUEERBEE’s Subscriber Services team by telephone on or by post to QueerBee CIC, Bickland House, Bickland Water Road, Falmouth, Cornwall TR11 4SB. If you are e-mailing QUEERBEE or writing to QUEERBEE please include details of your order to help QUEERBEE to identify it. If you send QUEERBEE your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send QUEERBEE the e-mail or post the letter to QUEERBEE. For example, you will have given QUEERBEE notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail QUEERBEE before midnight on that day. Where you have exercised your right to cancel in accordance with this section 6.C, if you used vouchers to pay for the QUEERBEE Services we may refund you in vouchers. NB this right to cancel is not available to you if you have already started watching any Content (see also section 3(K) above)
If you tell us you do not agree any changes to the Terms which we make after you have paid for Content which you did not yet view, then QueerBee will give you a refund for that unviewed Content as set out in section 1D,
7. SATISFACTORY QUALITY / Technical Issues / Complaints
A) Please note quality of sound and picture may vary eg for low budget production values. As a consumer, you have legal rights under UK consumer legislation if the Content is not of merchantable quality eg not as QueerBee described; or if QUEERBEE is unable to supply the Content to your device . If you experience any of the above when using the QUEERBEE Services, please contact us at email firstname.lastname@example.org or Bickland House, Bickland Water Road, Falmouth TR11 4SB Cornwall, United Kingdom. Our email support will ask you to provide certain of your details to verify the information on your account and identify the issue. Please be aware that problems of quality or service, or issues arising from problems of quality and service, may be caused by factors beyond QueerBee’s reasonable control and for which QueerBee is not liable. Such factors may include (but are not limited to) faults, misconfiguration, congestion, and/or undercapacity issues in your home network, the network of your ISP (Internet Service Provider) including mobile networks, and networks of internet transit providers (the internet’s backbone or backhaul) . Similarly, QueerBee is not liable for problems of quality or service arising from your use of systems not meeting the minimum system requirements set out in section 3(G) or your use of faulty or misconfigured Devices. Further, mobile internet connections may be affected by local rain/ climatic or legal/government environments and conditions which are always beyond QueerBee’s control. You may be entitled to (i) repair or replacement of the Content unless that is impossible, or disproportionate, or would take an unreasonable amount of time, or would cause you significant inconvenience; or you may be entitled to (ii) price reduction and in the case of failure to supply as set above in 7.A(b), reduction of the full amount of the price you paid. QUEERBEE will pay all price reduction within fourteen (14) days of agreeing to do so, via the same payment method unless otherwise agreed.
B) These legal rights are not affected by your right of return and refund in section 6.C above or anything else in these Terms. Advice about your legal rights is available from Citizens' Advice Bureau or Trading Standards office in the UK.
C) If the Content caused damage to other digital content on your Device, and QUEERBEE know or ought reasonably to have known that the Content would cause such damage, then QUEERBEE will [repair the damage at its cost within reasonable time and without significant inconvenience or will] compensate you with an appropriate payment.
D) If you have any complaints, please contact us at email email@example.com or Bickland House, Bickland Water Road, Falmouth TR11 4SB Cornwall, United Kingdom, and we will respond to a complaint within ten (10) working days and give a substantive response within twenty (20) working days. If you wish to complain about QUEERBEE’s substantive response, please contact Ofcom within twenty (20) working days by submitting its complaint form http://stakeholders.ofcom.org.uk/broadcasting/on-demand/complain. Alternatively, for any complaint you can contact Ofcom by telephone on: 0300 123 3333 or 020 7981 3040. If you have a text phone you can call 020 7981 3043 – please note that this number only works with special equipment used by people who are deaf or hard of hearing. Alternatively, you can contact Ofcom by post at the following address:
OFCOM VOD Complaints
5th Floor. Riverside House, 2a Southwark Bridge Road, London SE1 9HA, United Kingdom
If the dispute is not resolved after a complaint is made to Ofcom, QUEERBEE will (1) confirm that it cannot settle the complaint with you; (2) provide you with the details of a certified provider of Alternative Dispute Resolution (“ADR”) competent to deal with the complaint, and (3) confirm whether QUEERBEE has to use such ADR provider. If you and us do agree to use an ADR provider, you have twelve (12) months to submit a complaint, otherwise the ADR provider may refuse to deal with it.
8. Links To Other Websites
The Website or QUEERBEE Services may display and/or may provide links to other websites from time to time eg Curzon, Picture House etc. You agree that these links are only being provided for your convenience only. QUEERBEE has no control over any third party websites and is not responsible for the content of such websites. Inclusion of links on the Website does not imply any endorsement of such website or the material contained therein or any association with their operators and QUEERBEE shall in no way be responsible for the content of such websites. QUEERBEE is not responsible for the availability of such websites. You agree that QUEERBEE will not be liable to you in respect of any aspect of your accessing such websites and/or any loss or damage which you may suffer by using those websites. If you decide to access linked websites, you do so at your own risk. Without limitation QUEERBEE will not be liable in respect of any information on any such websites or any purchases, transactions or agreements you may enter into on such websites. You agree that you will not involve QUEERBEE in any complaint or dispute between the third party responsible for the relevant website and yourself. As a matter of policy QUEERBEE web-site does not have any active links, such as “Like” buttons, fanpages, plug-ins, widgets etc to any social media platforms such as Facebook, Twitter or Instagram
Limitation of Liability. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract. You agree not to use the Content for any commercial, business professional, or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Nothing in these Terms shall operate to limit or exclude liability for death or personal injury caused by negligence of QUEERBEE, or QUEERBEE’s fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
Indemnity. You agree to indemnify QUEERBEE for any loss or damage that may be incurred by QUEERBEE, including without limitation legal fees, arising from your use of the Content, Website or QUEERBEE Services or your use of any information obtained through the Website otherwise than as permitted by these Terms.
Events beyond QUEERBEE’s control. QUEERBEE will not be liable or responsible for any failure to perform, or delay in performance of, any of QUEERBEE’s obligations under any contract with you that is caused by any event, act, omission or circumstance beyond QUEERBEE’s reasonable control ("Force Majeure Event"). A Force Majeure Event includes any strike, lock-out or other industrial action (other than by QUEERBEE staff), civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, solar storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks (including internet transit providers and the world wide web) and the acts, decrees, legislation, regulations or restrictions of any government or authority anywhere in the world. QUEERBEE’s performance of any contract with you is deemed to be suspended for the period that the Force Majeure Event continues, and QUEERBEE shall have an extension of time for performance for the duration of that period. QUEERBEE shall use reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which QUEERBEE’s obligations under the contract may be performed despite the Force Majeure Event. If QUEERBEE is prevented from, or delayed in, performance of any contract with you by any Force Majeure Event for a continuous period of more than 30 days, either party may terminate such contract with immediate effect on written notice, in which case neither party shall have any liability to the other party (but without affecting any rights and remedies that arose before such termination).
Severability. If any part, term, or provision of these Terms shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
Assignability. You may not assign, sub-license or otherwise dispose of any of your rights under these Terms. Without limiting the foregoing, any contract formed in accordance with section 3(K) is binding on you and QUEERBEE and on QUEERBEE’s respective successors and assignees. You may not transfer, assign, charge or otherwise dispose of any contract with QUEERBEE (or any of your rights or obligations under it) without QUEERBEE’s prior written consent.
Third-party rights. These Terms are not intended to confer, and do not confer, any rights or remedies on any person other than the parties to these Terms.
Law and Jurisdiction. These Terms shall be governed by and will be construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the English Courts. Before starting any court action the parties shall first engage in alternative dispute resolution via [tbc] an ADR service approved by Ofcom:
OFCOM / Regulator
QUEERBEE is an On-demand programme service ("ODPS") and is regulated in the UK under rules set out in Part 4A of the Communications Act 2003 by the communication regulator, OFCOM.
Contacting QUEERBEE: If you believe that you are the owner of the copyright or other rights in any material(s) appearing without your permission on the Website or part of QUEERBEE Services, or if you have any other problem or complaint about QUEERBEE Services or posted materials, please contact us at firstname.lastname@example.org