Terms of Use

Love Nature™

Version 1.2 Last Updated: November 16, 2016

These Terms of Use govern your use of Love Nature™, a subscription service that provides subscribers with on-demand access to natural history and wildlife movies, television shows and other audio-visual entertainment streamed over the Internet to certain internet connected TVs, computers, tablets, mobiles and other devices (the “Love Nature™ service”, “our service” or “the service”).

The Love Nature™ service is provided to you by Blue Skye Entertainment Limited (“Blue Skye”), a company registered in England and Wales under company number 9641652 with its registered office at c/o McCarthy Tetrault, 26th Floor, 125 Old Broad Street, London EC2N 1AR, United Kingdom.

  1. Contractual Terms
    1. Acceptance of Terms of Use
      These Terms of Use, which include our privacy policy (which can be found at http://video.lovenature.com/privacy-policy), govern your use of the Love Nature™ service. By using, visiting, or browsing the Love Nature™ service, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the Love Nature™ service. If there is a conflict between these Terms of Use and the terms of use of any third party provider that you use to subscribe to the Love Nature™ service, the third party provider terms will take precedence for the specific issues in conflict.
    2. Changes to Terms of Use
      We may need to make changes to these Terms of Use from time to time. For example, we may need to reflect updates in how the Love Nature™ services function or to account for changes in the law. You should consult these Terms of Use regularly, which are posted on the Love Nature™ website at http://ww.lovenature.com and are accessible via a link within htatpage. In addition, you can access these Terms of Use from all Love Nature™ applications.
      If we make a material change to these Terms of Use, we will notify you by posting notice of the change on the Love Nature™ website. Material changes to these Terms shall be effective automatically 30 days after they are initially posted or, for users who register or otherwise provide opt-in consent during this 30-day period, at the time of registration or consent, as applicable.
    3. Privacy
      Personal information is subject to our Privacy Policy (which can be found at http://www.lovenature.com/privacy), the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices with respect to the collection, use, and disclosure of personal information.
    4. Communication Preferences
      When using the Love Nature™ service, you will receive electronic communications from Blue Skye relating to your account, as further explained in our Privacy Policy. By using the Love Nature™ service, you agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.
  2. Membership, Free Trials and Cancellation
    1. Membership
      Your Love Nature™ membership, which may start with a free trial, will continue month-to-month unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the Love Nature™ service. We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your Payment Method.
    2. Free Trials
      Your Love Nature™ membership may start with a free trial. The free trial period of your membership lasts for one month, or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new and certain former members only. Blue Skye reserves the right, in its absolute discretion, to determine your free trial eligibility.
      We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price and end date of your free trial period, visit our website and click the My Account link. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
      You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. Click the “My Account” link at the top of any Love Nature™ web page to find cancellation instructions. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel.
    3. Cancellation
      Subject to your free trial period, you provide your express consent to the immediate commencement of your subscription to the service when you submit your subscription order OR which allows you to access the service and stream our content. You acknowledge that by doing so your initial 14 day right to change your mind and cancel your order is lost. This does not affect your right to cancel your membership at any time.
  3. Billing
    1. Recurring Billing
      By starting your Love Nature™ membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee and any other charges you may incur in connection with your use of the Love Nature™ service to your Payment Method.
    2. Price Changes
      We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect no earlier than 30 days following email notice to you.
    3. Billing Cycle
      The membership fee for our service will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Love Nature™ membership or became a paying member on May 31st, your next payment date is likely to be June 30th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership. Visit our website and click on your accountsettings to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Use, “billing” shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.
    4. No Refunds
      Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
    5. Payment Methods
      You may edit your Payment Method information by visiting support.lovenature.com If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
  4. Cancellation
    You may cancel your Love Nature™ membership at any time, and you will continue to have access to the Love Nature™ service through the end of your monthly billing period. We do not provide refunds or credits for any partial-month membership periods or unwatched movies or television shows. To cancel, go to your account settings on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period.
  5. Conditions of Service
    1. Age Requirements
      You must be 18 years of age or the age of majority in your province, state, territory or country, to become a member of the Love Nature™ service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms of Use.
    2. Personal Use
      The Love Nature™ service, and any content viewed through our service, are for your personal and non-commercial use only. During your Love Nature™ membership, we grant you a limited, non-exclusive, non-transferable, licence to access the Love Nature™ service and view movies and television shows through the service on a streaming-only basis for that purpose. 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.
    3. Geographic Restrictions
      You may view a movie or television show through the Love Nature™ service primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such movie or television show. The content that may be available to watch will vary by geographic location. Blue Skye will use technologies to verify your geographic location. The Love Nature™ service is not available in the United States.
    4. Device Limitations
      The number of devices on which you may simultaneously watch is limited. Go to the FAQ page to see the number of devices on which you may simultaneously watch. The number of devices available for use and the simultaneous streams may change from time to time at our discretion.
    5. Service Changes
      We continually update the Love Nature™ service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of movies and television shows, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.
  6. Conduct
    In order for us to keep the Love Nature™ service safe and available for everyone to use, we all have to follow the same conduct rules. You and other users must use the Love Nature™ service for lawful, non-commercial, and appropriate purposes only. Your commitment to this principle is essential. You agree that you will not use the Love Nature™ service in a way that:

    1. violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
    2. uses technology or other means to access, index, frame or link to the Love Nature™ service that is not authorized by Blue Skye (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Love Nature™ service);
    3. introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
    4. damages, disables, overburdens, impairs, or gains unauthorized access to the Love Nature™ service, including Blue Skye’s servers, computer network, or user accounts;
    5. removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Love Nature™ service;
    6. uses the Love Nature™ services to advertise or promote services that are not expressly approved in advance in writing by Blue Skye;
    7. collects information in violation of Blue Skye’s Privacy Policy;
    8. encourages conduct that would constitute a criminal offense or give rise to civil liability;
    9. violates these Terms of Use or any or policies posted by Blue Skye;
    10. interferes with any other party’s use and enjoyment of the Love Nature™ service; or
    11. attempts to do any of the foregoing.

    If Blue Skye determines in its sole discretion that you are violating any of these Terms of Use, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the Love Nature™ service. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Love Nature™ service, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.

  7. Streaming Quality
    The availability of movies and televisions shows to watch will change from time to time, and from country to country. The quality of the display of the streaming movies and television shows may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD and 4K availability is subject to your Internet service and device capabilities. Not all content is available in HD or 4K and not all plans allow you to receive HD or 4K content. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content, which is defined as 720p or better. A download speed of at least 25.0 Mbps per stream is recommended to receive 4K content, which is defined as resolution greater than 1080p. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Blue Skye makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching a movie or television show will vary based on a number of factors, including your location, available bandwidth at the time, the movie or television show you have selected and the configuration of your device.
  8. Streaming Software
    Love Nature™ streaming software is developed by, or for, Blue Skye and is designed to enable streaming of content from Blue Skye through Internet ready devices. This software may vary by device and medium, and functionalities may also differ between devices. By using our service, you acknowledge and agree to the end user licence agreement and to receive, without further notice or prompting, updated versions of the Blue Skye and related third-party software. If you do not accept the foregoing terms, do not use our service. We do not take responsibility or otherwise warrant the performance of these devices, including the continuing compatibility of the device with our service. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the Love Nature™ service. If your device is sold, lost or stolen, please deactivate the device. If you fail to log out or deactivate your device, subsequent users may access the Love Nature™ service through your account and may be able to access certain of your account information.
  9. Passwords and Account Access
    The member who created the Love Nature™ account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the Love Nature™ account. The Account Owner’s control is exercised through use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

    In order to provide you with ease of access to your account and to help administer the Love Nature™ service, Blue Skye implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Love Nature™ service, which includes accessing via devices or website. This technology employs cookies, a small text file containing a unique identification number that is transferred (through your browser) from a web site to the hard drive of your computer or device. The use of cookies is further described in our privacy policy, the terms of which are incorporated herein.

    You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the Love Nature™ website and not through a hyperlink in an email or any other electronic communication, even if it looks official. Blue Skye reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Blue Skye is not obligated to credit or discount a membership for holds placed on the account by either a representative of Blue Skye or by the automated processes of Blue Skye.

  10. Disclaimers of Warranty and Limitations on Liability
    THE LOVE NATURE™ SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE LOVE NATURE™ SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. BLUE SKYE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE LOVE NATURE™ SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. BLUE SKYE SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, DEVICES, AND SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).

    TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL BLUE SKYE, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

    NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

  11. Intellectual Property
    The Love Nature™ service, including all content provided on the Love Nature™ service, is protected by copyright, trade secret or other intellectual property laws and treaties. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the Love Nature™ service, please notify us by using the “Contact Us” link available at http://www.lovenature.com.
    Love Nature™ is a trademark of Blue Ant Media Solutions Inc., used under licence
  12. Governing Law
    These Terms of Use shall be governed by and construed in accordance with the laws of England and Wales without regard to conflict of laws provisions. You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.
  13. Third Party Applications
    You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) (“Application(s)”) that interact with the Love Nature™ service. These Applications may import data related to your Love Nature™ account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and Blue Skye is not responsible for such Applications. Such applications are owned or operated by third parties that are not related to with or sponsored by Blue Skye and may not be authorized for use with our service in all countries. Use of an application is at your own option and risk.
  14. Use of Information Submitted
    Blue Skye is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the Love Nature™ service, including the Love Nature™ website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Love Nature™ service. In addition, you agree not to enforce any moral rights in and to the Feedback, to the extent permitted by applicable law.
    Please note Blue Skye does not accept unsolicited materials or ideas for movies or television shows, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Blue Skye. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Blue Skye and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
  15. Survival
    If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.