Terms and Conditions of use


PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

Last Updated: April 2018

Terms of website use

These terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website www.babestationx.tv and any site belonging to us to which it may link (together (our site)), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site.

YOU MUST BE AT LEAST 18 YEARS OLD TO USE OUR SITE AND MUST IMMEDIATELY CEASE USING OUR SITE IF YOU DO NOT SATISFY THIS AGE RESTRICTION.

 

Please read these terms of use and the FAQ’s carefully before you start to use our site, as these will apply to your use of our site. From time to time we will update these terms of use (and FAQ’s) and reference to “terms of use” includes reference to these terms of use (and FAQ’s) including any updates that may be made to them from time to time. Please therefore regularly check for updates as you will be bound by them.  

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use our site.

Other applicable terms

These terms of use refer to the following additional terms, which also apply to your use of our site:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us and whereby you agree to our use of cookies. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.

Information about us

www.babestationx.tv is a site operated by Game Network B.V. Whose registered office is at T.a.v de heer C. Menegatti, Stationsplein 12, 2041 AB Zandvoort, The Netherlands, registered in Netherlands with company number 34260590.

We are regulated by Ofcom, Phone-Paid Services Authority and the Advertising Standards Authority.

We are a limited company.


Changes to these terms and faq’s

We may revise these terms of use at any time by amending this page.

Please check this page from time to time to take notice of any changes we made, as they are binding on you.

We may also from time to time amend the FAQ’s, often to reflect new products and services or enhancements to existing products and services and also having regard to valued customer feedback.


Changes to our site

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our site, or any content on it, will be free from errors or omissions.


Accessing our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.


Your account and password

Before you can access many of the features on this site it is first necessary to create an account and satisfy our age verification procedures. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at cs@babestationx.tv.

Please refer to our FAQ’s for service specific information.


Pricing

Please refer to our FAQ’s for an explanation of some of our most popular services, how to use them and related pricing.

Please note that credits will expire if not used or topped up within 3 months of the date of purchase. If topped up within 3 months of the date of purchase unused credits will be carried forward to the next succeeding 3 month period and will expire at the end of that period unless once more topped up. This process will be repeated until the end of a 3 month period in respect of which you do not top up your credits, whereupon at the end of that 3 month period all unused credits will expire.

Depending on the service you wish to use, payment may be made using a credit card or your mobile. Please note that in order to benefit from our services we require you to satisfy our age verification procedures. These are explained more fully in the FAQ’s.


Premium rate calls

Please see our FAQ’s for an explanation of what a premium rate service (“PRS”) is, the PRS that we offer, how we deliver those services, related pricing and how to interact with them.

Calls to Premium Rate Numbers can cost up to £2.00 per minute plus your phone company’s access charge.

You must have permission from the bill payer to call and be 18+.

Calls are recorded.

If the onscreen presenter is busy you will be able to listen to her conversation until she becomes free. Your conversation will also be available to other callers to listen to.

You may receive marketing messages by SMS and e-mail. Due to the nature of our services it may be necessary to communicate with you from time to time via SMS or E-mail.

See our FAQ’s for how to stop a PRS you no longer require or if you need further assistance call 0333 335 0299.


Age Restriction

To use the Service or view the Website you must be aged 18 and over. It is a fundamental breach of your Agreement with us for you to permit a person under the age of 18 to use or view any element of the Service including the Website.


Payment Methods

From time to time, in our absolute discretion, we may make a promotional offer. If we do, details of the promotional offer and how it affects the payment you will need to make in order to view the Service, will be available on the Website and advertised prior to Service commencement on the relevant night. Subject to the terms of any promotional offer we may make, you will need to pay a separate charge (“Charge”) for each night that you view the Service. The reference to “each night” means between the hours of 23.00 and 05.00. Full up to date Charge details will be spoken as well as displayed free to air prior to broadcast of the Service each night and can also be found by visiting www.BSX.tv. Please note that subject to what follows, the amount you pay to view the Service will not vary according to the payment method (for example, if the charge to view the Service for the applicable night is £10 you will pay us £10 irrespective of whether you choose to pay by Credit / Debit card, by calling the premium rate number set out below or paying by premium rate SMS). You must, in addition to being aged 18 and over, be the bill payer of the particular method of payment that you use to pay for viewing the Service, or alternatively you must get the prior permission of the bill payer. You are also responsible for any charges charged to you by a landline network or mobile network operator (“MNO”) or internet operator (for example, connection and download charges). These charges will be in addition to the Charge for the Service. Those additional charges are outside our control, and we will not be responsible for refunding them to you.

We aim to provide you with a number of convenient payment methods. Please note, that insofar as the method of payment involves the use of a premium rate facility, you expressly warrant in our favour that you are the bill-payer or have the bill payers permission to use the service and accept that service details may appear on the phone bill.

By Credit Card

We accept the following cards: Visa, Visa Delta/Debit, Mastercard, Maestro, JCB, Solo. All credit cardholders will be subject to validation checks and authorization by the card issuer. You will not be entitled to use the Service if your card issuer refuses to authorize payment. In order to offer you stronger protection, we may work with Verified by Visa and MasterCard SecureCode. To use your Credit Card enter your details on our web-site www.BSX.tv .

Please note that:

a. subject to your card issuer authorizing payment you will be provided with a pin number giving you immediate access to the Service; b. we use your Credit Card details purely for payment purposes. We do not thereafter store your Credit Card details. This means that if you choose this payment method, you will need to give these details afresh for each night that you choose to view the Service.


If you experience any difficulty in identifying your unlock code please call Customer Services on 0333 335 0299 who will be delighted to help.

By SMS

If you wish to pay using this method, text the details of the unlock code from your Freeview box to 89000. Please note that the cost of this text will be at your mobile provider’s standard rate or, where different, the rate which applies to whatever price plan you have agreed with your mobile provider and is in addition to the Charge you will need to pay us in order to view the Service.

We will then, subject to your unlock code being validated, to our receiving a delivery receipt from the network and receiving confirmation that the first reverse-billed text message has been delivered, send you as soon as reasonably possible a pin number by text message. The number of reverse-billed text messages you receive will be equal to the applicable Charge for viewing the Service that night.

For example, in accordance with the foregoing procedure, if the Charge to view the Service for the relevant night is £10 you will receive a total of 2 text messages, the first being a premium rate reverse-billed text message costing £10 followed by a second message for which you will not be charged, containing your pin number. If the Charge to view the Service for the relevant night is £5 you will receive a total of 2 text messages, the first being a premium rate reverse- billed text message costing £5 followed by a second message for which you will not be charged, containing your pin number.

Problems

Lost pin number - In the unfortunate event that having paid for the Service on the relevant night you lose the pin number that was provided to you please call Customer Services on 0333 335 0299 and they will happily give you a replacement pin number without additional charge; Technical difficulties – If having paid for the Service on the relevant night, you are unable to receive the Service because of a technical problem which is not attributable to your having a faulty Freeview box or otherwise not of your making, please call Customer Services on 0333 335 0299 and they will provide you with a full refund.

Overcharge – in the event that for whatever reason you feel that you have paid more than the applicable Charge as advertised for the relevant night, please call us and subject to our checking the information you give us against our records, we will be happy to refund you any excess you might have paid over and above the applicable Charge as advertised for the relevant night.

Please note that notwithstanding the foregoing, we reserve the right to refuse to issue a replacement pin number or a refund in circumstances where we have reasonable cause to believe that a user is abusing the Service by making multiple requests for a new pin number or refund. We may in such any such circumstance, exercise such additional legal remedies to which we may be entitled.

 

Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
On receipt of the pin number you will have immediate access to the Service and accordingly you hereby consent and acknowledge that you will lose your right to withdrawal from the contract between us once the download or streaming of the digital content has begun.

 

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site (including the Babestation and BSX trade marks), and in the material published on it.  Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

Marks: “Babestation”, “BSX” and any and all trade marks, trade names, service marks, trade dress, logos, URLs or identifying slogans of belonging to us, whether or not registered.

all text, information, data, software, executable code, images, audio or video material in whatever medium or form provided by us to you whether as part of the broadcast Service or as contained in the Website. all intellectual property rights wherever in the world arising, whether registered or unregistered (and including any application), including copyright, know-how, confidential information, trade secrets, business names and domain names, Marks, patents, petty patents, utility models, design rights, semi-conductor topography rights, database rights and all rights in the nature of unfair competition rights or rights to sue for passing off. “Babestation”, “BSX” and any and all trade marks, trade names, service marks, trade dress, logos, URLs or identifying slogans of belonging to us, whether or not registered.

By your use of the Service or the Website you acknowledge and agree for all purposes that all Marks associated with the Service or the Website, whether or not registered, constitute our exclusive property.

We retain all Intellectual Property Rights in every aspect of the Service including the Website and the related Marks, and nothing in this Agreement shall be taken to grant any rights to you in respect of such Intellectual Property Rights. Title to and ownership of all Intellectual Property Rights embodied by or otherwise incorporated into the Content shall remain with us. Except as expressly provided in this Agreement, nothing shall be construed to grant to you any right, title or interest in or to the Content. Subject to the provisions of this Agreement, to the same not being a Prohibited Use (as defined below) and where applicable, to the payment of any related Charge, you may for your own personal non-commercial use only:

a. record, one copy of the broadcast Content comprised in the Service;

b. retrieve and display Content from the Website on the electronic device on which you first accessed it or downloaded it and store such pages for caching purposes only.

c. Save as mentioned above, you may not:

d. reproduce and distribute in any form or publicly display, the Content; or

e. reproduce and distribute through any media now known, or hereafter developed, the Content (or excerpts of the Content).

Prohibited uses

You may use the Service, the Website and any related Content only for lawful purposes and in accordance with the provisions of this Agreement. You may not use the Service, the Website and any related Content:

a. In any way that breaches any applicable local, national or international law or regulation.

b. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

c. For the purpose of harming or attempting to harm minors (here meaning any person under the age of 18) in any way including displaying to any such minor any Content you receive or access in connection with the Service or the Website.

d. To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (“Content Standards”).

e. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

f. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:



a. Not to reproduce, duplicate, copy or re-sell any part of our Website

b. Not to access without authority, interfere with, damage or disrupt:

(i) any part of our Website;

(ii) any equipment or network on which our Website is stored;

(iii) any software used in the provision of our Website; or

(iv) any equipment or network or software owned or used by any third party.

Interactive services

The use of any of our Interactive Services by a minor is strictly forbidden.

We may from time to time provide interactive services on our Website, including, without limitation:

Chat rooms.

Bulletin boards.

Instant Messaging services (“Interactive Services”).

Where we do provide any Interactive Service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical). We will do our best to assess any possible risks for users from third parties when they use any Interactive Service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Website, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a user in contravention of our Content standards, whether the service is moderated or not.

Where we do moderate an Interactive Service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Content standards

These content standards apply to any and all material which you contribute to our Website (contributions), and to any Interactive Services associated with it.

You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

a. Be accurate (where they state facts).

b. Be genuinely held (where they state opinions).

c. Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

a. Contain any material which is defamatory of any person.

b. Contain any material which is obscene, offensive, hateful or inflammatory.

c. Promote violence.

d. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

e. Infringe any copyright, database right or trade mark of any other person.

f. Be likely to deceive any person.

g. Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

h. Promote any illegal activity.

i. Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.

j. Be likely to harass, upset, embarrass, alarm or annoy any other person.

k. Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

l. Give the impression that they emanate from us, if this is not the case.

m. Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Suspension and termination

We will determine, in our discretion, whether there has been a breach of the provisions of this Agreement as they relate to your use of our Website. When a breach has occurred, we may take such action as we deem appropriate. Failure to comply with the provisions of this Agreement insofar as they relate to our Website constitutes a material breach of the terms upon which you are permitted to use our Website, and may result in our taking all or any of the following actions:

a. Immediate, temporary or permanent withdrawal of your right to use our Website.

b. Immediate, temporary or permanent removal of any posting or material uploaded by you to our Website.

c. Issue of a warning to you.

d. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

e. Further legal action against you.

f. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breach by you of the provisions of this Agreement insofar as they relate to your use of the Website. The responses described above are not limited, and we may take any other action we reasonably deem appropriate.

Acknowledgement

You acknowledge that:

a. because the internet is an unregulated medium, there is a risk to all computers attached or connected to it and that it is your sole responsibility to protect your computer, any related system including software against viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;

b. that it is your sole responsibility to ensure that any electronic device including by way of example, Freeview box, television, mobile telephone and computer, is of a specification and in a condition that is in all material respects adequate and satisfactory for you to access and receive the Service including the Website;

c. we shall have no liability to you in the event of Force Majeure.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.


No reliance on information

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.


Limitation of our liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Netherlands law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.

Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.


Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the Site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you licence to us are described in the next paragraph (Rights you licence).

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

The views expressed by other users on our site do not represent our views or values.


Rights you licence

When you upload or post content to our site, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that content in connection with any service provided by this website and across different media including using such content to promote this website and any other services we make available


Viruses

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.


Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to make any use of content on our site other than that set out above, please contact us at [email protected]


Third party links and resources in our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources.


Applicable law

These terms of use, its subject matter and its formation, are governed by English law. You and we both agree that the courts of the Netherlands will have exclusive jurisdiction.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by Netherlands law. We both agree to the exclusive jurisdiction of the courts of the Netherlands.


Contact us

To contact us, please email [email protected] or call us on 0333 335 0299.

 

Thank you for visiting our site.