SKY GAMES - NINTENDO WII SPORTS COMPETITION

1. This Promotion is open to all UK, Isle of Man, Channel Island and Republic of Ireland residents, aged 18 years or over. Proof of age may be required. Employees (or family members of employees) of any British Sky Broadcasting Group company, companies associated with the Promotion and all affiliates of such companies (collectively "the Companies") may not enter any prize draw or competition.

2. To take part in the Promotion you need to either take out a free trial with Sky Games between 25 April 2008 and 9 June 2008 inclusive, or apply by post (Northern Ireland/ Republic or Ireland residents only). Unless stated otherwise each eligible entry will be automatically entered into a prize draw. The Promoter does not accept responsibility for network, computer hardware or software failures of any kind, which may restrict or delay your entry or your registration for a free trial. Only one entry per person. Entries must not be sent in through agents or third parties.

3. Entries by post should be set to "Nintendo Wii Sports Competition, Sky Games, BSkyB Ltd, Grant Way, Isleworth, Middlesex TW7 5QD" to arrive on or before 9 June 2008.

4. One winner will be selected at random by an independent person from all correct and eligible entries received.

5. The winner will be notified by by 16th June 2008.

6. The prize is a Nintendo Wii console with one controller and Wii Sports game, Sports accessory pack, Super Paper Mario game, FIFA 08 game, and Carnival: Fair Games game.

7. There is no cash alternative to the prizes (or any part of them) and unless agreed otherwise in writing the prizes are non-refundable and non transferable.

8. The Promoter reserves the right to substitute the prizes (or any part of them) for a prize of equivalent or greater monetary value if this is necessary for reasons beyond its control.

9. Event prizes are subject to availability at the time of booking. If any event prize is postponed for any reason, the prize will be valid for such other date on which the event is rescheduled.

10. Except in the case of death or personal injury arising from its negligence or in respect of fraud and so far as is permitted by law, the Promoter and its associated companies and agents exclude responsibility and all liabilities arising from any postponement, cancellation, delay or changes to the prize details beyond the Promoter's control and for any act or default of any travel company, airline, hotel or any other third party supplier.

11. The terms and conditions of any third party supplier will apply to the prize where applicable.

12. The Promoter will not be liable for prizes that do not reach the winners for reasons beyond the Promoter’s reasonable control.

13. If any winner is not able, for whatever reason, to accept their prize by 10 July 2008, then the Promoter reserves the right to award the prize to another participant.

14. The Promoter's decision is final and legally binding on all entrants. No correspondence will be entered into. Entries that do not comply in full with these entry rules and conditions will be disqualified.

15. Details of prize winner's name and county will be available for one month after the Close of each Promotion by writing to the Promoter at the address set out below and stating the name and date of the Promotion.

16. The name, county and photograph of the winners may be used by the Promoter and its associated companies for post-event publicity purposes.

17. The Promoter will keep details of any entry that you make. By entering the Promotion you allow us to see and share this information with other Companies including for sales, marketing and market research purposes and to send you information by mail about our products/services.

Promoter: Sky Games, British Sky Broadcasting Limited, Grant Way, Isleworth, Middlesex TW7 5QD.

SKY GAMES – BIOSHOCK T-SHIRT PROMOTION

1. Offer applies to UK, Isle of Man, Channel Island and Republic of Ireland residents only.

2. T-shirt sizes and designs vary.

3. T-Shirts will be shipped by standard post within 28 days of purchase to the billing address provided during the purchase process.

SKY GAMES - TERMS OF USE

By using Sky Games (the “Service”) you agree to be bound by these Terms of Use (including the Usage Policy, the Privacy Policy and any terms and conditions applicable to any offer you have selected) and any relevant End User Licence Agreement.

This is a contract between you and SKY BROADBAND S.A. of 23 Avenue Monterey, L-2086, Luxembourg with registered number B118.641 (”Sky”). References to "we" or "us" in these Terms of Use will be read as references to Sky.

What is the Service?

Sky Games is a website which allows you to subscribe to or buy games to download to your PC. You can trial the subscription games before deciding to subscribe. In order to play any of the games, whether on a trial basis or otherwise, you will need to download software to your PC. This software may be provided by us or by third parties and may be subject to a separate software licence. You can do a number of other things via the Sky Games website, these include: buying game guides, chatting with other users and receiving Sky Games newsletters. We are always looking to improve Sky Games and we will be adding additional features from time to time.

The Subscription Service is provided by us using the services of Oberon Media Enterprises Limited (“Oberon”) of 3 Diagorou Street, 2nd Floor, Office 201, 1097 Nicosia, Cyprus. Oberon use Bibit Global Payments Services (“Bibit”) to provide payment facilities for the Subscription Service. If you have any questions about the Subscription Service then you can contact Oberon by clicking here.

The Download to Own Service is provided by us using the services of IGN Entertainment Inc. (“IGN”) of 8000 Marina Blvd., Fourth Floor, Brisbane, CA 94405, USA. IGN use Paymentech, L.P to provide payment facilities for the Download to Own Service. If you have any questions about the Download to Own Service then you can use the following link:IGN Support

You can contact us directly by sending an email to: contactus@skygames.com

You must be aged 18 or over to register for the Download to Own Service and/or the Subscription Service. We may seek confirmation of age if necessary.

You acknowledge and agree that you do not obtain any interest in or to any Sky Games Content other than as set out in the relevant End User Licence Agreement.

Your internet service provider (“ISP”) may charge you for using the Service and these costs may vary depending on your ISP. You will be responsible for these costs and any other charges or expenses associated with your internet service. Please contact your ISP for details.

You may also have to pay a subscription or service fee for additional services required to play games you buy on the Download to Own Service. You will be responsible for paying these additional costs and complying with the additional terms imposed on you by the companies that provide these services.

By registering for the Subscription Service and/or the Download to Own Service, you agree that we may use and share information we hold about you in accordance with paragraph 14 below.

1. Definitions and Interpretation

1.1 The following terms will have the following meanings:

“Additional User” means a user of the Subscription Service and/or the Download to Own Service who has been approved to do so by the Primary User in their household. An Additional User cannot buy or subscribe to Sky Games Content;

“Compatible Computer” means a computer on which you can access the relevant Sky Games Content. You will be notified of the system and hardware requirements that your computer must have before you download any Sky Games Content;

“Content” means content submitted to the Service by you or other Users including (but not limited to) images and text;

“Contract” means these Terms of Use, the Usage Policy, the Privacy Policy and any End User Licence Agreement (if applicable);

“Download to Own Content” means Sky Games Content that you acquire through the Download to Own Service in exchange for the Download to Own Payment;

“Download to Own Payment” means the amount we have told a Primary User to pay for the Sky Games Content downloaded within the Download to Own Service;

“Download to Own Service” means the service available via the Sky Games Website which allows Primary Users to download Sky Games Content to their Compatible Computer in exchange for a Download to Own Payment;

“End User Licence Agreement” means the software licence which a User is required to enter into with a Sky Games Content Provider;

“Guest User” means an individual who has not registered to use the Subscription Service or Download to Own Service and does not have a Profile. A Guest User may access all elements of the Service except those that may only be accessed by Primary Users and Additional Users;

“Primary User” means an individual who has registered to use the Subscription Service or Download to Own Service;

“Privacy Policy” means the privacy policy published on the Sky Games Website from time to time;

“Profile” means the personal profile that you create to get access to the Subscription Service or the Download to Own Service (including your password, user name and, if you are a Primary User, your debit card or credit card details);

“Sky Games Content” means a game or other content made available via the Service by Sky or our content partners, which is either owned or licensed by Sky or our content partners;

“Sky Games Content Provider” means a provider of Sky Games Content to the Service;

“Sky Games Website” means the website accessed at www.skygames.com;

“Software” means the software and associated documentation (including any updates and supplements to the original software) provided to a User by a Sky Games Content Provider;

“Subscription Month” means each month, beginning on the first date of registration, a Primary User subscribes to the Subscription Service;

“Subscription Package” means a subscription package available on the Subscription Service as set out on the Sky Games Website from time to time;

“Subscription Period” means the duration of a Subscription Package as set out on the Sky Games Website from time to time;

“Subscription Payments” means the subscription payments we have told a Primary User to pay for accessing the Subscription Service; and

“Subscription Service” means the subscription service available on the Sky Games Website which allows Primary Users to download and access Sky Games Content on to their Compatible Computer;

“Terms of Use” means these terms of use, the Privacy Policy and the Usage Policy;

“Usage Policy” means the usage policy published on the Sky Games Website from time to time;

“User” means an Additional User, a Primary User or a Guest User;

1.2 These Terms and Conditions will only apply to each User to the extent that such User has access to the Service.

2. Access to the Service

2.1 In order to access Sky Games Content that you trial, subscribe to or buy via the Service you must have a Compatible Computer. You will be responsible for ensuring that your computer is a Compatible Computer before trying to access any Sky Games Content.

2.2 Before you can access Sky Games Content you will need to download and install the relevant Software to your Compatible Computer. You must comply with the relevant End User Licence Agreement in your use of that Software. You are responsible for any other hardware or systems and for any other software applications that you download, install and/or operate to access Sky Games Content (including, but not limited to, any hardware, systems and/or software necessary to access the internet). You acknowledge that use of the Download to Own Content may require the use of other hardware and software products (e.g. the ability to make copies of Download to Own Content on physical media and/or to allow performance of Download to Own Content on an authorised digital media player device in accordance with the relevant End User Licence Agreement) and such hardware and software is your responsibility. Once you receive Download to Own Content it is your responsibility not to lose, destroy, or damage it. Neither Sky and/or the Sky Games Provider shall be responsible for any loss, destruction or damage caused by you after you have received the Download to Own Content.

2.3 If you are a Primary User you may only download and access Sky Games Content from the Subscription Service during your Subscription Period (except for Sky Games Content that you can access as part of a free trial). If you don’t go online at any time during any 7-day period you will be required to verify your entitlement to access Sky Games Content as part of your Subscription Package. You can do this by logging-in via any Sky Games Content you have downloaded from the Subscription Service. If you do not do this then we may prevent you from accessing Sky Games Content you have downloaded via the Subscription Service.

2.4 If you are a Primary User you may only download and access Sky Games Content from the Download to Own Service provided you pay us the relevant Download to Own Payment in accordance with paragraph 5.2 and otherwise comply with these Terms of Use and the relevant End User Licence Agreement. You will also have to enter a validation code once you have downloaded the Sky Games Content to get access to it. We will provide this code to you when you buy the Sky Games Content. You must not provide or show this validation code to anybody else. You may be limited in the number of times that you may use this validation code to get access to any Sky Games Content. Your right to use Download to Own Content which you download from the Download to Own Service on your Compatible Computer will not expire provided you have paid us for that content, you comply with these Terms of Use and any relevant End User Licence Agreement.

2.5 You must have a Profile to register for the Subscription Service and/or the Download to Own Service. To create a Profile, you need to provide your personal information on the registration page. You will be asked to provide a user name and password. Your user name should be unique to you and not the name of another person or entity. We would recommend that you do not use your real name or any part of it as your user name or password for your own protection. We may ask you to change your user name in our absolute discretion.

2.6 After registration, to access the Subscription Service and/or the Download to Own Service you will need to enter your user name and password. Your password is secret and personal to you and must not be disclosed to any third party in any circumstances. You are responsible for keeping your password secure and confidential. You must take all precautions to prevent your Profile being used by anyone else.

2.7 If we reasonably believe that your user name and password are being used in any way which is not permitted or acceptable to us, we may cancel your account immediately without giving you any notice.

2.8 You may change your password or any other personal details (but not your user name) that you notified to us at any time on the Sky Games Website. If you want to change your user name, you will need to re-register. Should you become aware that a person knows your password you should change it immediately. You must not store your user name and password on your computer and we would recommend that you do not keep it anywhere that is accessible by any other person.

2.9 When registering for the Subscription Service and/or the Download to Own Service you must provide us with accurate, true and correct information about you in your Profile and you must keep this information up-to-date. By registering for the Subscription Service and/or the Download to Own Service you warrant that you have provided information that is true, accurate and correct.

2.10 If you are a Primary User and you are a Sky digital account holder, you may register up to nine Additional Users to access and use the Subscription Service provided that the Additional Users live in the same household as you. Additional Users cannot change the payment details or Subscription Package relating to a Primary User’s account. Any Additional User you nominate must choose a username and password in accordance with paragraphs 2.5 to 2.9 (inclusive). As a Primary User you are responsible for each Additional User you allow to use the service and must ensure that they are aware of the terms of this Contract and that they comply with them.

2.11 If you are an Additional User, your right to access the Subscription Service and/or the Download to Own Service is dependent on the Primary User in your household being a Sky digital subscriber. The Primary User may also change or terminate your access to the Subscription Service and/or the Download to Own Service at any time. Sky will not be responsible for any change or termination to your access to either of these services for these reasons.

3. The Service

3.1 We will use reasonable efforts to make the Service available at all times. However, you acknowledge that the Service is provided over the internet and therefore the quality and availability of the Service are affected by factors that are beyond our control, such as technical faults in a third party ISP’s service. We may also need to take some or all of the Service down for maintenance, but we will use our reasonable endeavours to do this at a time that is least inconvenient to you, unless it is essential or urgent maintenance. You accept that we are not responsible for any suspension, interruption or non-availability of the Service or any part of it for any of the reasons set out in this paragraph 3.1,or otherwise unless you have rights against us or any other member of the British Sky Broadcasting group for the provision of these services.

3.2 The Service is variable. We may alter the content, presentation of and/or the facilities available on the Service from time to time without notice. You acknowledge that some of the Sky Games Content or services offered as part of the Service may be provided by Sky group companies and other third parties.

3.3 From time to time, we may offer you additional services and or software as part of the Service. If there are additional terms and conditions relating to these services or software then you must accept such terms before using such additional services or software and comply with them.

4. Your use of the Service

4.1 You must not use the Service on two computers simultaneously including allowing anybody else to use your Profile to access the Service on another computer at the same time as you. We may end this Contract immediately if you do not comply with this condition.

4.2 You are permitted to send Sky Games Content you download from the Subscription Service to other people (but not your Profile details). However, each person who you send Sky Games Content to may only access it for up to 30 minutes before being asked to register for the Subscription Service themselves. You must ensure that they are aware of the terms of this Contract before accessing any Sky Games Content and that they comply with them. You cannot send Download to Own Content to anybody else.

4.3 You acknowledge and agree that you do not obtain any interest in or to any Sky Games Content (or part of it) other than as set out in the relevant End User Licence Agreement. Your right to access any Sky Games Content made available via the Service:

4.3.1 is for personal, private and non-commercial purposes; and

4.3.2 is on the terms set out in the relevant End User Licence Agreement and any additional usage rules you are told about.

4.4 You must not or authorise or assist any third party to:

4.4.1 copy (except as permitted by law or this Contract), redistribute or relay the whole or any part of the Sky Games Content or third party Content; or

4.4.2 sell or make any charge for watching or using any part of the Sky Games Content or third party Content; or

4.4.3 show any part of the Sky Games Content or third party Content in public to an audience, even if no charge is made; or

4.4.4 use the Sky Games Content or third party Content for any improper or unlawful purpose.

4.5 You agree that you will:

4.5.1 provide such proof of your identity or age as we consider reasonably necessary upon our request;

4.5.2 not use the Service or any Content for any improper, or unlawful purpose, nor allow any others to do the same or to use your user name and/or password; and

4.5.3 follow our reasonable instructions concerning your use of the Service.

4.6 You are responsible for the access you permit others to have to any Sky Games Content that you store on your Compatible Computer.

5. Payments

5.1 Subscription Service

The following terms apply to Primary Users subscribing to the Subscription Service:

5.1.1 Subject to the terms of any free trial or other applicable offer, you will be charged for the Subscription Service from the first date we enable you to receive it. You must pay us the relevant Subscription Payment in advance by using your credit or debit card. If you are a Primary User and a Sky digital account holder you may be entitled to a discount. You must provide details of your Sky digital viewing card number in order to qualify for any discount which we will verify before applying any discount to your Subscription Package.

5.1.2 We will automatically renew your subscription at the end of each Subscription Period and collect your Subscription Payments using the credit or debit card details you have provided unless you tell us that you wish to cancel your subscription. Details of how to cancel your subscription are set out at paragraph 13 below. Unless you tell us that you wish to cancel your subscription, you will be charged for the next Subscription Period at the prevailing rate until you terminate your subscription.

5.1.3 We may increase your Subscription Payments:
(a) for operational reasons on at least one calendar month's notice; or
(b) immediately, if required by law or if any regulatory authority requests or requires a change to any aspect of our pricing which affects your Subscription Payments directly or our pricing structure directly.

5.1.4 If your Subscription Payment changes for any reason, we may alter the amount we collect using the credit or debit card details included in your Profile. If your address is not in the UK, a different charge for your Subscription Payments may be payable by you in the currency of your country in which you live. If we do not quote a different price for your Subscription Payments you will pay us the equivalent price in the currency of the country in which you live. All prices include VAT (where applicable).

5.1.5 If you miss any Subscription Payment you owe to us, we can suspend provision of the Subscription Service (including any access to any Sky Games Content which you have downloaded) without giving you notice. This does not affect our right to end this Contract under paragraph 13 below.

5.2 Download to Own Service

The following terms apply to Primary Users who have registered for the Download to Own Service:

5.2.1 We will tell you in advance what the Download to Own Payment will be for the Sky Games Content. You must pay us in advance for the Sky Games Content by using your credit or debit card.

5.2.2 If your address is not in the UK, a different charge for your Download to Own Payment may be payable by you in the currency of your country in which you live. If we do not quote a different price for your Download to Own Payment you will pay us the equivalent price in the currency of the country in which you live. All prices include VAT (where applicable).

5.3 Any payments to be paid by you under this paragraph 5 shall be paid to us or any other Sky group company or third party that we appoint for this purpose.

5.4 We may collect any other payment due under this Contract which you agree that we may collect using the credit or debit card details included in your Profile. If you want to change your credit or debit card details then you must do this on the Sky Games Website. There may be a temporary disruption of your access to the Service until we can verify the validity of any new card details.

5.5 Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.

6. Liability

6.1 You are responsible for all of your actions and omissions in relation to your use of the Service.

6.2 As a Primary User, you must not give anyone else details of your Profile and you are responsible for anybody that you allow to use your Profile or the Service.

6.3 We will endeavour to provide the Service using all reasonable care. Except as required by law, we will not be responsible or liable for the fitness for a particular purpose of the Service or any part of it, or for any loss or damage caused by:

6.3.1 interruption or delay to the Service or any part of it caused by events outside our reasonable control;

6.3.2 any errors, viruses or bugs contained in the Service not directly caused by or attributed to Sky;

6.3.3 your negligent act or omission or your failure to follow our reasonable instructions;

6.3.4 us or our employees and/or agents in circumstances where:

(a) there is no breach of a contractual obligation or legal duty of care owed to you by us or our employees or agents;

(b) such loss is not a foreseeable result of any breach;

(c) such loss or damage results from any breach by you of this Contract;

6.3.5 any incompatibility of the Service with any other software, hardware or material on your computer;

6.3.6 any Content; or

6.3.7 any other factor that is outside our reasonable control.

6.4 We do not accept any liability for any content provided by third parties (including Content) as part of the Service or for any product or service advertised, promoted, offered or sold by third parties for use on the Service or otherwise. While we will use reasonable efforts to ensure that the editorial information contained in the Service provided by us is as accurate as possible, we do not accept any liability and make no representations or warranties in relation to the accuracy or completeness of the information contained in the Service or any other Content whatsoever.

6.5 You will reimburse Sky and any third party who provides services to you as part of the Service for any losses, costs or damages incurred by Sky and/or any third party, on demand, arising out of:

6.5.1 your use of the Service, or anybody else that you allow to use the Service using your Profile; and/or

6.5.2 your breach of this Contract.

7. Copyright, Trade Marks and Intellectual Property

7.1 You acknowledge that the Service and the content on the Service, including but not limited to graphics, screen shots, video clips, demos, and editorial content, contain proprietary information and material that is owned by us and/or our licensors. This content is protected by intellectual property and other laws, including but not limited to copyright, and you must not use such proprietary information or materials in any way except for use of the Service in accordance with this Contract. All copyright, trade marks, licenses and all other intellectual property rights in the Service, Content (save as provided by you) and other material supplied by Sky, any of Sky’s content partners or other Users as part of the Service will remain ours or, where applicable, our content partners or Users.

7.2 You acknowledge that the Service (including in particular Sky Games Content) may include a security framework using technology that protects digital information and limits your use of the Service (this may include restricting your ability to access the Sky Games Content in particular territories). You must comply with these usage rules, which may be changed by Sky or any Sky Games Content Provider at any time. We may prevent the copying of any part of the Service and you must not try in any circumstances to circumvent or attempt to circumvent any digital rights management, content protection policies or security components. You must not attempt or assist anybody else to, reverse engineer, decompile, disassemble, or otherwise tamper with any of the security components. We or any Sky Games Content Provider may monitor and ensure compliance with this paragraph 7.2 and each reserves the right to enforce the usage rules without notice to you. You shall not access or attempt to access an account that you are not authorized to access. Violations of system or network security may result in civil or criminal liability.

7.3 You acknowledge and agree that the Download to Own Payment obtains for you the rights set forth in the relevant End User Licence Agreement. You do not obtain any other right or interest in or to the Download to Own Content (including but not limited to any ownership interest in the Download to Own Content or any part thereof). Notwithstanding any other provision of this Agreement, we and our licensors reserve the right to change, suspend, remove, or disable access to any Download to Own Content, content, or other materials comprising a part of or sold through the Service, at any time without notice or liability. In no event will we or our vendors be liable for the removal of or disabling of access to any such Download to Own Content, content or materials under this Agreement.

7.4 You agree that your purchase of Download to Own Content constitutes your acceptance of and agreement to use such Download to Own Content solely in accordance with the usage rules and any End User Licence Agreement that maybe included with/in the Download to Own Content, and that any other use of the Download to Own Content may constitute a violation of copyright/trademark/patent laws or other intellectual property laws.
Sky does not claim any legal or beneficial ownership rights in your Content. After submitting your Content to the Service, you still retain all legal and beneficial rights of ownership in that Content save as set out in paragraphs 7.5 and 7.6 below.

7.5 By submitting your Content to the Service you are giving Sky and any other members of the British Sky Broadcasting Group and other Users a perpetual, royalty-free, non-exclusive, transferable, right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make available to the public, broadcast, transmit the Content by all forms of media now known or later invented throughout the world for the full term of copyright and all reversions, extensions or revisions of such copyright. You waive all moral rights in relation to your Content. You further acknowledge and agree that no royalties or fees are payable for use by Sky of the Content. If you do not wish to give Sky these rights then do not submit your Content to the Service.

7.6 By submitting your Content to the Service you acknowledge and agree that you are giving each User a non-exclusive licence to access your Content through the Service and to view, use, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Use. We cannot be held responsible for the use of your Content by another User.

7.7 By submitting your Content to the Service you warrant that:

7.7.1 the Content is your own original work;

7.7.2 you have the right and you have obtained all rights, permissions, licences and consents necessary to make your Content available to Sky, Sky’s content partners, any third party and other Users for all the purposes specified in paragraphs 7.5 and 7.6 and these Terms of Use;

7.7.3 your Content or any part of it does not infringe the intellectual property rights (including copyright and trade marks) of any other person (for example, it does not contain any music, sound effects, footage, images (still or moving), artwork, fonts or material owned by anybody else);

7.7.4 your Content does not violate anyone’s right of privacy or publicity;

7.7.5 your Content complies with the Usage Policy; and

7.7.6 your Content does not contain anything which is defamatory, libellous or offensive.

8. Promotions and Advertising

8.1 We and/or our business partners may present advertisements or promotional materials on or through the Service. You will have no right to any payment or commercial gain of any kind from the broadcast of such advertisements or promotional material.

8.2 Your participation in any promotional event offered through the Service is subject to the terms and conditions associated with that event. Your dealings with, or participation in promotions by, any third party advertisers on or through the Service are solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any kind incurred by you as the result of any such dealings or as the result of the presence of such third parties on the Service or otherwise.

9. Links to Third Party sites

The Service may present links to third party websites not owned or operated by us. We are not responsible for the availability of these sites or their contents.

10. Moderation

10.1 We may moderate any Content that you submit to the Service but we shall not be obliged to do so. We may do this by preventing your Content from being published on the Service or by removing it after it has been published, as we determine in our absolute discretion. We may, in our absolute discretion, publish any Content on the Service or elsewhere once it has been submitted to the Service.

10.2 You may notify us of any Content which you believe is in breach of these Terms of Use by sending us an email to: terms@skygames.com. We may, in our absolute discretion, act on such notification but we are not obliged to do so.

11. Computer ID

During the registration and download process, we will detect and store the machine name, CPU, PC bios, video card, network card and IDE Controller information specific to your computer system, for the purposes of identifying your computer system and your eligibility to access the Sky Games Content. If three or more of these features of your computer system change at any time, you will no longer be able to access the Sky Games Content via that computer system. We may access other information on your computer system as required by digital rights management software or to ensure compliance with the usage rules or limitations (including geographical restrictions) relating to Sky Games Content.

12. Software Updates

From time to time, we may provide you with access to software updates for Sky Games Content on the Sky Games Website. If you do not accept these software updates, we can not guarantee that you will be able to continue accessing the Sky Games Content

13. Termination

13.1 We will be entitled to suspend or terminate your access to any part of the Service at any time should you breach this Contract.

13.2 We may, at our own discretion suspend or terminate your registration at any time. We may do this, for example, to update the Service for technical reasons.

13.3 You can cancel your Subscription Package at any time throughout the duration of any free trial or other applicable offer. Unless you us that you wish to cancel your trial offer, your Subscription Period will commence from the expiry of your trial or other applicable offer.

13.4 Prior to using the Subscription Service, you can cancel your Subscription Package at any time during the seven working days following your registration for it. You will be reimbursed for any Subscription Payments made if you terminate this contract under the circumstances set out in this paragraph 13.4. If you start using the Subscription Service, your cancellation rights under this paragraph will end.

13.5 Once your free trial or other applicable offer has expired, you may not terminate this contract until the expiry of your Subscription Period unless we substantially vary or breach these Terms of Use. If you wish to terminate this contract at the end of your Subscription Period, you can do so by giving us not less than 48 hours notice before your subscription would otherwise be automatically renewed. Unless you tell us that you wish to cancel your subscription, you will be charged for the next Subscription Period at the prevailing rate until you terminate your subscription.

13.6 You can cancel your Subscription Package by clicking here. Under My Account, select Review Subscription and then select Cancel.

13.7 You can contact us to cancel your registration for our Download to Own Service by clicking here. If you are a Download to Own Service user, you will not be refunded for any Sky Games Content you have bought and downloaded from the Download to Own Service.

13.8 The cancellation rights in this paragraph 13 do not affect your statutory rights. If you require any advice on your legal rights, you can refer to www.consumerdirect.gov.uk.

14. Privacy and Personal Information

14.1 By registering for this Service you are agreeing that the information and personal data you provide and information about your Sky Games account (“Data”), may be used for the following purposes by any member of the British Sky Broadcasting group: execution of this Contract; sending you our regular Sky Games newsletter, administration of your Sky Games account including transferring Data with its agents located outside the EEA for this purpose (being, as at the date of this Contract, the United States of America, Cyprus and Israel); marketing of Sky’s products and services and market research. We may also share Data with credit reference agencies and other companies including for use in making credit decisions, for fraud prevention and to pursue debtors.

You also expressly agree that:

14.1.1 Sky Subscribers Services Limited;

14.1.2 British Sky Broadcasting Limited;

14.1.3 Easynet Telecommunications Limited;

14.1.4 Sky In-Home Service Limited; and

14.1.5 Sky Interactive Limited,

(together the “Group Companies”), may receive and use the Data for administration of your Sky Games account, the marketing of their respective products and services and market research; and

14.1.6 Oberon;

14.1.7 IGN Entertainment Inc.;

14.1.8 Bibit; and

14.1.9 Paymentech, L.P

may receive and use the Data for administration of your Sky Games account, or to enforce the terms of any End User Licence Agreement; to investigate, prevent or protect against suspected fraud, illegal activity, violations of any End User Licence Agreement or for risk management purposes; or to respond to subpoenas, court orders, or legal process; or to establish or exercise legal rights or defend against legal claims.

14.2 Marketing by us and the Group Companies may include sending you information by email or SMS about similar products and services (unless you advise us of your preference not to receive such marketing).

14.3 You also agree that the Data held by us and the Group Companies may be shared with other third party companies located in the UK, the Republic of Ireland, United States of America, Cyprus and Israel, including for sales, marketing and market research purposes, unless you advise us of your preference not to share such information with third party companies.

14.4 If you wish to let us know that you don't want to receive marketing by email or SMS, or that you don’t want us to share Data with companies outside the Group Companies, or if you wish to obtain access to your Data, please email us at: contactus@skygames.com

14.5 Your personal data will not be retained for longer than required for the purposes of its processing, subject to any limitation periods imposed by law.

15. Changes to these Terms and Conditions

We may vary these Terms of Use on reasonable notice for security, legal or other operational reasons. We will give you advance notice of any changes, which will take effect from the beginning of your next subscription period.

16. Right to Transfer and Third Parties

16.1 We can transfer our rights and obligations under these Terms of Use to any company, firm or person. We may also sub-contract or appoint agents to provide the Services or part of the Services. We can only do this if it does not affect your rights under these Terms of Use. You may not transfer your rights or obligations under these Terms of Use to anyone else.

16.2 These Terms of Use are personal to you and no third party is entitled to benefit under it except pursuant to paragraph 16.1.

17. Law

17.1 These Terms of Use are governed by English Law. If your address is in the UK, all disputes will be dealt with by the courts in England and Wales or any other UK court that could lawfully deal with the case. If your address is in the Republic of Ireland, all disputes will be dealt with by the courts in England and Wales or in the Republic of Ireland.

17.2 17.2 Sky Broadband S.A. is a company registered in Luxembourg with registered no.B-118.641. Its registered office is 23 Avenue Monterey, L-2086 Luxembourg. Further company particulars are: British Sky Broadcasting Limited (Registration No. 2906991), Sky Interactive Limited (Registration No. 3554332, Sky-In-Home Service Limited (Registration No. 2067075) and Sky Subscribers Services Limited (Registration No. 2340150) are direct or indirect subsidiaries of British Sky Broadcasting Group plc (Registration No. 2247735). All of these companies are incorporated in England and Wales and share the same registration office at Grant Way, Isleworth, Middlesex TW7 5QD.

18. Terms of Sale – Download To Own Service

18.1 The Download to Own Service sells products to end user customers only.

18.2 Refunds will not be issued based on technical failure of a game, not meeting the minimum requirements to run the game on a Compatible Computer or for lack of enjoyment while playing the game. Please examine the product information page to make sure your computer meets what is required. We will however do our best to provide support links for you to obtain support from the official game support staff.

Refunds may be offered to you if the following conditions are met:
- The game has not been activated (automatically, non-key activated games)
- Under this rule of activation, the time of your request for refund/credit is less than 48 hours from time of purchase
- The game activation key has not been disclosed to you by email or webpage (key-activated games) **Please note: No refunds will be offered for MMO games where the key has been sent by e-mail. This is a final sale.
- We have found your request reasonable under special circumstances

We do not offer a CD-ROM or physical book in place of downloading. If you are having difficulty downloading our Support Agents will assist you to the best of their ability. If the issue is a firewall or router, the support for those items is your best option.
Customer Service will determine if you meet the criteria for a refund. If you feel you qualify for a refund please contact Customer Service using the Contact Support button and request a refund.

USAGE POLICY

This Usage Policy applies to you if you submit any material to the Service. If you have any queries about the Usage Policy, you can contact us by sending an email to: terms@skygames.com

1. You agree that you will not submit material to the Service which:

1.1 is in breach or promotes the breach of any third party rights (including third party intellectual property rights);

1.2 is defamatory, offensive or libellous;

1.3 promotes racism, bigotry, hatred or harm of any kind against any group or individual or would subject any person to ridicule or cause other people to shun or avoid such an individual;

1.4 harasses or advocates the harassment of another person or persons;

1.5 promotes conduct that is abusive, threatening, obscene or distasteful;

1.6 has any fraudulent purpose or effect;

1.7 exploits people in a sexual, obscene or violent manner;

1.8 contains nudity, violence, or offensive subject matter or contains a link to an adult website;

1.9 solicits personal or identifying information from any person;

1.10 provides any telephone numbers, street addresses, last names, URLs, email addresses or other personal or contact information;

1.11 contains or promotes content that is false, misleading or deceptive;

1.12 involves the transmission of unsolicited bulk email or any other form of abusive electronic communication such as "junk mail," "chain letters," “mass mailing”, “instant messaging”, "spimming," or "spamming";

1.13 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

1.14 constitutes, furthers or promotes any criminal activity, enterprise or illegal act or provides instructional information about illegal activities including (but not limited to) making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

1.15 involves any commercial activity such as sales, contests, competitions, award draws or lotteries, advertising, or marketing;

1.16 includes a photograph or image (still or moving) of another person that you have submitted without that person's consent;

1.17 contains sexually explicit or suggestive imagery (still or moving)..

1.18 promotes, condones or glamorises hooliganism or bullying;

1.19 condones or glamorises alcohol and drug abuse;

1.20 may cause harm and offence to children or presents some risk or element of risk to the welfare of children;

1.21 promotes political parties, terrorism, vandalism or religious vilification;

1.22 promotes or denotes cruelty to animals;

1.23 invades the personal privacy of individuals; or

1.24 refers to any arrest of an individuals or any active court proceedings.

2. You agree that you will not be involved in any of the following prohibited activities on the Service or through your use of the Service:

2.1 a criminal or illegal activity, including (but not limited to) child abuse, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, hacking, sending of viruses or other harmful electronic files or abusive electronic communications, the infringement of any third party rights (including intellectual property rights) or theft of trade secrets;

2.2 advertise to, or solicit any User to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Users. You may not use any information obtained from the Service in order to contact, advertise to, solicit, or sell to any User. In order to protect Users from such advertising or solicitation, Sky may restrict the number of messages which a User may send to other Users in any 24-hour period to a number which Sky deems appropriate in its sole discretion;

2.3 any automated use of the Service, such as using scripts to send comments or messages;

2.4 interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service;

2.5 attempting to impersonate another person;

2.6 using a Profile of another Primary User or Additional User or disclosing your password to any third party or permitting any third party to access your Profile;

2.7 displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Service on behalf of that person, such as placing commercial content on the message boards, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose, or sending private messages with a commercial purpose; or

2.8 using the Service in a manner that is inconsistent with any and all laws applicable to the Service.

3. If you wish to notify us of anything which you believe is in breach of the Usage Policy, you can email us at: terms@skygames.com. We may, in our absolute discretion, act on such notification but shall not be obliged to do so.

4. If you have breached the Usage Policy, or we reasonably suspect that you may have done so, then in addition to our right to terminate your access in accordance with paragraph 13 in the Terms of Use, we may also:

4.1 notify and/or pass on the details of the breach of the Usage Policy to any relevant government, statutory, self-regulatory or law enforcement authority;

4.2 investigate the alleged breach of the Usage Policy, which may include gathering information from you and/or the complaining party (if any) and the examination of any other data or material on the Service, Sky network or our servers; or

4.3 remove (either temporarily or permanently), copy, store, monitor or otherwise deal with content, data and/or other material on the Service, Sky network and/or our servers.

5. You expressly authorise the Sky group companies to use your personal data and other account information in connection with any investigation carried out in accordance with this Usage Policy, including by disclosing it to any third party authority that Sky considers has a legitimate interest in any such investigation or its outcome.