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Terms and Conditions
CHANNEL 4 ONLINE SERVICES - USER TERMS & CONDITIONS
The Channel 4 Online Services are owned and operated (or authorised) by Channel Four Television Corporation and 4 Ventures Limited ("we", "us" and "Channel 4"). Please read the Terms (and the other terms set out below) carefully as they set out your rights and obligations and the terms on which Channel 4 makes the Channel 4 Online Services available to you. They also provide information on how you can submit material and how this will be used.
Please be aware that registration via a Channel 4 Online Service does not guarantee age restricted content will always be blocked. To restrict such content on your device, you should ensure you enable the Parental Controls. You can find information on Parental Controls here http://www.channel4.com/static/global/html/parentalContent.html.
IF WE DISCOVER OR HAVE ANY REASON TO SUSPECT YOU HAVE BREACHED THE TERMS WE RESERVE THE RIGHT TO SUSPEND OR TERMINATE YOUR MEMBERSHIP OF THE SITE IMMEDIATELY AND WITHOUT NOTICE.
1. YOUR OBLIGATIONS AND THE TERMS
If you would like to upload material to the Channel 4 Online Services, interact with the Channel 4 Online Services or participate in Member only areas of the Channel 4 Online Services you must register and become a member ("Member"). As part of this you will be asked to "accept" the Terms and, on doing so, you will be deemed to have consented to and will be bound by the Terms. You must be a Member before you can audition for or apply to participate in any C4 or E4 show ("Application") (see Section 4).
Other visitors to the Channel 4 Online Services do not need to become Members. However, any use of the Channel 4 Online Services (including, but not limited to, viewing content) constitutes your acceptance of the Terms, which takes effect the moment you first use a Channel 4 Online Service. If the Terms are not accepted in full, you do not have permission to access the Channel 4 Online Services and should stop using it immediately.
Channel 4 reserves the right to change the Terms at any time by posting changes online and it is your responsibility to refer to and comply with the most up to date Terms on accessing the Channel 4 Online Service (you can also check the Help Pages for details). Your continued use of the Channel 4 Online Service after changes are posted constitutes your acceptance of the Terms as modified.
2. AGE OF CONSENT AND VIEWER GUIDANCE
Except where a Channel 4 Online Service provides otherwise, you must be 16 years or over to register as a Member. Except where a Channel 4 Online Service provides otherwise, children and young people under 16 can access the Channel 4 Online Service and view certain content but Channel 4 does not give permission for them to access certain 4oD Content without the permission of an adult, or actively participate e.g. upload User Content. Except where a Channel 4 Online Service provides otherwise, you should not attempt to do any of these things if you are under 16 (or allow anyone else to do so). Where there are any other restrictions or eligibility requirements, these will be set out on the Channel 4 Online Service. You must be 18 years or over to submit an Application (or any other age specified for a particular Application).
Some content (e.g. 4oD Content) may be unsuitable for younger viewers. Where necessary, guidance information is provided in the form of a "G for Guidance' symbol with accompanying text. Upon agreeing to the Terms you accept full responsibility for reviewing any and all viewer guidance information supplied for each piece of content for the purpose of informing, and where appropriate safeguarding, viewers, including but not limited to children and young people. Where you allow children or young people to view any content, you are responsible for making sure that this is suitable for them. You can find information on Parental Controls here.
You understand that content may contain nudity or other material of a sexual nature, or may include material you may consider offensive or otherwise objectionable. Although Channel 4 will attempt to bring such material to your attention, you agree Channel 4 shall have no liability to you for any 4oD Content or other content that may be found to be offensive or otherwise objectionable.
We reserve the right to ask for written proof of age or eligibility from you. If we discover or suspect that you do not comply with the age requirements, we reserve the right to suspend or terminate your Membership or use of the Channel 4 Online Service immediately and without notice and/or disqualify you from any Application process.
3. YOUR PASSWORD, USERNAME, PIN AND SECURITY
When you register as a Member (your "Membership"), you will be asked to select a user name and password you can then use to access your account and log on to and/or participate in areas of the Channel 4 Online Service reserved for Members only. We reserve the right to reject user names that are offensive, defamatory or otherwise unsuitable. For 4oD Content, you will also have the option to select a PIN to control access to the service on the actual device you register on. PIN numbers are specific to individual devices and the PIN restriction can be applied at two levels:
(a) 16 rated content and above - all users of the computer/device will be able to see content with a universal rating. Only users who enter the PIN will be able to see content rated 16 or above; and
(b) 18 rated content and above - all users of the computer/device will be able to see all content rated below 18. Only users who enter the PIN will be able to see content rated 18.
You may update certain details via your account. Certain areas of the Channel 4 Online Service, may allow you to set your Membership profile. This does not apply to all Channel 4 Online Services and you should use the Help Pages if you have any queries.
You accept it is your sole responsibility to maintain the confidentiality of your password and PIN and you are responsible for all activity that occurs under this. Channel 4 is unable to check the identity of people acting as Members or using Members' areas and will not be liable where your password and/or PIN are used by someone else. You should make sure you are the only person using your password and you agree to notify us of any unauthorised use of your password and/or PIN and any other breach of security as soon as you become aware of it.
If you use any functionality that Channel 4 makes available that allows people to contact you or leave comments, you are accepting these may be abusive, untrue or unpleasant. Please be careful when using any messaging and do not reveal personal information such as your home or work contact details, your last name or where you live. You can use the complaints procedure if any issues arise (see Section 11). The Help Pages found on the Channel 4 Online Services will explain any functionality that we introduce to allow you to block or remove comments.
You may have the chance to apply to participate in Channel 4 shows via the Channel 4 Online Services. The Channel 4 Online Services will set out details of how to submit an Application, the process and any additional rules or requirements. User Content and Your Data supplied as part of an Application MUST comply with the Terms and other requirements we notify to you and will be used as set out in Sections 5 and 8.
Channel 4 reserves the right to disqualify incomplete Applications or those that do not follow the requirements or Terms. Channel 4 does not accept responsibility for lost or delayed Applications or for any errors in or unauthorised access to Applications which happen because of server functions, viruses, bugs or other things that Channel 4 does not control.
Channel 4's decision as to whether an Application is successful (or in the event of any argument regarding the rules, conduct or results of the Application process) is final and no correspondence will be entered into. Whether particular Applications are used is entirely at Channel 4's decision. These decisions may be taken by or with a production company (where this has been agreed between Channel 4 and the production company).
Channel 4 may withdraw, cancel or amend the Application or the process without prior notice if the programme is cancelled, to ensure compliance with legal, regulatory or other similar requirements or for any reason outside Channel 4's control. Any changes will be posted on the Channel 4 Online Service.
5. HOW WILL CHANNEL 4 USE YOUR MATERIAL?
"User Generated Content" (referred to in the Terms as "User Content") includes all content provided to the Channel 4 Services or Channel 4 or uploaded to the Channel 4 Online Services by users i.e. videos, clips, pictures, reviews, comments, data posting, competition entries and all other user generated material.
You agree and guarantee that any User Content you provide or upload is original to you and does not infringe the copyright or any other rights of any other person. You must obtain any consents necessary for you to provide the User Content to Channel 4.
Channel 4 will own User Content submitted as part of an Application (unless the Channel 4 Online Service expressly sets out otherwise). By submitting User Content as part of an Application, you therefore agree that your User Content (and any further use made of this) will belong to Channel 4 and that we will have the right to use and promote this (and authorise others to do so) as we see fit.
Except in relation to Applications, Channel 4 does not, unless we agree this with you, claim any rights of ownership in your User Content. As such, you retain all ownership rights and, although Channel 4 will be able to use the User Content as set out in the Terms, you will also have the right to use your User Content in any way you choose. Where User Content is to be used in a different way (e.g. we are asking to own this) this will be made clear on the Channel 4 Online Service and you will then be able to choose whether to provide particular User Content on that basis.
Where we do not own User Content, you agree that Channel 4 (and third parties authorised by Channel 4) may make any and all User Content available on Channel 4 Online Services and any other media, whether now known or invented in the future, which may include other internet sites, mobile, television and/or radio and that User Content may be made available with advertising and/or sponsorship. You now grant Channel 4 (and third parties authorised by Channel 4) a non-exclusive, worldwide, irrevocable licence (for the full period of any rights in the User Content) to use, display, publish, transmit, copy, make derivative works or podcasts from, edit, alter, store, re-format, sell and sub-licence the User Content for such purposes.
Whether or not we own User Content, you grant Channel 4 (and third parties authorised by Channel 4) the right to issue publicity concerning the User Content and any material, service or programme in which it may be included, and for such purpose to use and reproduce your name and photograph (where these have been provided to Channel 4) and your User Content.
Channel 4 does not guarantee to use or otherwise make available User Content. Any User Content may be rejected by Channel 4 and may be edited, moderated or deleted at its absolute discretion. Channel 4 reserves the right not to accept User Content that is not in English and cannot be moderated. All decisions are final and Channel 4 will not enter into any discussions or correspondence about why User Content has been rejected.
Channel 4 may, in appropriate circumstances, and at its sole discretion, remove or disable access to User Content that appears to be legally or otherwise problematic e.g. it infringes the copyright or other intellectual property or privacy rights of others, is defamatory etc. or for any other reason. In relation to all reviews and comments posted on the Channel 4 Online Services, you consent to Channel 4 editing such reviews to ensure compliance with the Terms.
Channel 4 does not keep any "comments" that are not accepted for publication but may retain other User Content even if this is not published. You agree, however, that Channel 4 has no obligation to keep originals or copies of any User Content or to return this to you or remove this from the Channel 4 Online Services on termination of your Membership or at the end of any Application or otherwise.
6. YOU PROMISE:
You agree and confirm that:
A. if registering as a Member, submitting an Application or accessing 4oD Content you are the appropriate age set out in Section 2 (or you are the appropriate age provided for on the Channel 4 Online Service);
B. all information provided by you to Channel 4 is accurate, true and up to date in all respects and at all times, all facts expressed by you in User Content are true to the best of your knowledge and belief and, if your User Content contains opinions, these are your own and genuinely and truly held by you;
C. all User Content is original to you and you are fully entitled (and have all necessary consents) to give the User Content to Channel 4 (you must also have the consent of anyone featured in the User Content to provide this to us) and you are happy for this to be used as set out in the Terms;
D. nothing in the User Content will infringe the copyright or any other right of any person, breach any contract or duty of confidence, be defamatory, obscene, offensive, indecent, harassing, threatening, breach anyone's privacy or may constitute a contempt of court or be calculated to bring any broadcaster or other person into disrepute; and
E. all User Content will comply with any additional terms or requirements on the Site and you will at all times comply with the Terms.
You agree to indemnify and keep indemnified Channel 4 from and against all claims, damages, expenses, costs and liabilities (including legal fees) relating to or arising from your use of the Channel 4 Online Services and/or Membership or Applications or arising from any breach or suspected breach of the Terms by you or your violation of any law or the rights of any third party.
7. OTHER SITE TERMS
8. YOUR PERSONAL DATA
Personal information you are asked to supply or you supply voluntarily as part of the registration, upload/download or Application process and any other information relating to your User Content (e.g. information provided to Channel 4 in relation to legal and best practice issues) ("Your Data"), will be used by Channel 4, its group companies, service providers and other organisations (such as production companies involved in any Applications) and by their subcontractors, employees, agents and advisors (including legal advisors) as follows: (i) to administer your Membership or Application; (ii) in making decisions about whether User Content you seek to upload onto the Channel 4 Online Services should be accepted, rejected or used; and/or (iii) as set out on the Channel 4 Online Services or the Terms. In addition, Channel 4 may at its discretion disclose this information to the police, regulatory bodies or any legal advisers in connection with any alleged criminal offence or suspected breach of the Terms by you or otherwise where required by law.
You may be requested to take part in promotional activity and Channel 4 reserves the right to use your details, photographs and audio and/or visual recordings in any publicity (including as set out in Section 5).
Your Data supplied as part of your Application will, unless we tell you otherwise, be able to be seen by other users of the Channel 4 Online Services so make sure you only provide information you are happy to be seen in this way. You can control some of the information other users see using your "profile" page.
9. USE OF THE SITE
In accessing the Channel 4 Online Service, you agree to do so only for your own personal, non-commercial use and in accordance with the Terms. Unless otherwise stated, you may not copy, reproduce, download, post, store (including in any other website), distribute, transmit, broadcast, commercially exploit or modify in any way the material or content (including other 4oD Content and User Content) on the Channel 4 Online Services or permit or assist any third party to do the same. Additional terms relate to the use of 4oD Content (see Section 10).
You agree to only use the Channel 4 Online Services for lawful purposes, in a manner which does not improperly infringe the rights of, or restrict or inhibit the use and enjoyment of, the Channel 4 Online Services by any third party. Such restriction or inhibition includes, but is not limited to, conduct which is libellous, in breach of anyone's privacy or which may harass, cause real distress or inconvenience to any person and the transmission of obscene or offensive content or interruption of the normal flow of dialogue within the Channel 4 Online Services.
Content (including User Content and 4oD Content) may be made available with advertising or sponsorship. Your obligations in relation to this are the same as the content to which these adverts or sponsorship relate.
Any copying, reproduction, lending or hiring, public performance, broadcasting or any other form of distribution of the Channel 4 Online Services, User Content and/or 4oD Content (including peer to peer transfers) other than in accordance with these Terms is prohibited and will constitute a copyright infringement.
10. 4OD CONTENT
"4oD Content" means the programmes and clips available on 4oD (Channel 4's video on demand service) on a Channel 4 Online Service. This section sets out some specific terms that relate to your access and use of 4oD Content on a Channel 4 Online Service.
4oD Content is made available to you at no cost and is accessed on such Channel 4 Online Services via streaming (rather than download). You may need to register to access some 4oD Content (such as online premieres) and to participate in other Member only activities and areas within a Channel 4 Online Service. Generally catch up 4oD Content will be available for 30 days from transmission on TV but 4oD Content will be available for as long as it remains on the Channel 4 Online Service(as decided by Channel 4).
You will only be able to view 4oD Content as it is streamed and cannot download or save this content. Channel 4 may remove or change content available through streaming at any time without notice.
You are responsible for providing all equipment and software necessary for you to view the 4oD Content. You must ensure your equipment, device and software is compatible with the 4oD Content by checking the minimum operating requirements (available here). Please note that the quality of any streamed 4oD Content will be affected by connection speeds. Channel 4 will not be responsible to you if your equipment, device or software is not compatible with the 4oD Content.
4oD Content contains security technology to protect it from being used outside of the Terms. You agree not to attempt to, or assist any other person to, circumvent or remove any security technology. You agree that the information which is used to protect the 4oD Content may be used and/or disclosed to third parties if such disclosure appears necessary for the purpose of tracing copyright infringements.
Download To Own (DTO): where this service is available and where you have purchased DTO content from 4oD you are reminded that DTO content can only be accessed and viewed on the equipment or device you downloaded it to. DTO content may not be transferred to any other person or equipment. If you delete or lose any 4oD Content you have downloaded then you will not be entitled to a further copy of this as Channel 4 does not reissue 4oD Content that has been lost or damaged (by you or other third parties). Please see the Help and FAQ section if you have any queries on this.
If you are unable to view any 4oD Content please go to the Help and FAQ section.
Please note that your "ISP" or platform or network providers may charge you for the bandwidth you use in accessing 4oD Content and this access may exceed any limits you have on bandwidth. You will be responsible for this and these costs - please contact your relevant provider for details.
11. OTHER USER CONTENT, COMPLAINTS AND CONTACTING CHANNEL 4
Although we ask all Members to submit User Content that complies with the Terms, you acknowledge that User Content supplied by other Members may include material you consider offensive or objectionable. Channel 4 assumes no responsibility or liability for User Content and, as the User Content is created by users, it does not necessarily represent the views of Channel 4.
If you become aware of any misuse of the Channel 4 Online Services or wish to complain about any User Content or material on the Channel 4 Online Services or believe any of your rights have been violated e.g. your copyright infringed, you have been defamed etc., you can notify us using any "complain" links on the Channel 4 Online Services. This is the quickest way to contact us. Alternatively you can contact us at the address below (see Section 17) or via the Help Form. We will need to know:
* Nature of your complaint and location of the particular content or Member.
* For copyright disputes, identification of the copyrighted work you claim has been infringed and a statement that you have a good-faith belief the disputed use is not authorised by the copyright owner, its agent, or the law and that you are the owner of the copyright interest involved or are authorised to act on behalf of the owner.
* Your name, address, telephone number and email address and such other information as we may reasonably request. Channel 4 may, but is not obliged to, monitor or assist in disputes between Members. You are solely responsible for your interaction with other Members.
12. TERMINATION AND SUSPENSION
Channel 4 reserves the right to modify, suspend or discontinue a Channel 4 Online Service or any part of it (including the availability of any features of or pages on a Channel 4 Online Service) at any time and without notice or liability to you. Channel 4 is also entitled to suspend or terminate your Membership or access to any part of the Channel 4 Online Services at any time if you breach the Terms or for technical reasons.
You may terminate your Membership at any time, for any reason, by following the instructions in your profile or within your account. Even after your Membership is terminated (for whatever reason) the Terms will remain in full force and effect. Your User Content will remain on the Channel 4 Online Services - please contact us via the Help pages with details of any User Content you would like to be removed and we will try to remove this.
13. THIRD PARTY SITES/LINKS
Channel 4 is not responsible for the availability or content of any third party websites or material you access through the Channel 4 Online Services. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Channel 4 does not endorse and is not responsible or liable for any content, advertising, products, services or information on or available from third party websites or material (including payment for and delivery of such products or services) or for any damage, loss or offence caused by or, in connection with, the same. Any terms, conditions, warranties or representations associated with such dealings, are solely between you and the relevant provider of the service.
You may link to your own User Content on the Channel 4 Online Services or send links to other people's User Content on the Channel 4 Online Services via email. Other than this, links to a Channel 4 Online Service must be clear links to the relevant page on such Channel 4 Online Service and content must not be viewed within the pages of any other site (unless expressly set out otherwise on the Site) such that content does not appear to come from Channel 4. Channel 4 disclaims all liability for any legal or other consequences (including for infringement of third party rights) of links made to the Channel 4 Online Service.
Links do not imply that Channel 4 endorses, is affiliated or associated with any linked site, or is legally authorised to use any trade mark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorised to use any trade mark, trade name, logo or copyright symbol of Channel 4 or any of its affiliates or subsidiaries. Channel 4 reserves the right to request that any links are removed at any time and you agree to comply with any such request.
14. DISCLAIMER/LIMITATION OF LIABILITY
The Channel 4 Online Services, User Content and information, images, logos and content relating to the Channel 4 Online Services, Channel 4, and/or any of Channel 4's associated companies, products and services (or to third party products and services), are provided 'AS IS' and on an 'AS AVAILABLE' basis without any representation, endorsement or warranty of any kind, including but not limited to implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
Channel 4 will endeavour to provide the Channel 4 Online Services using all reasonable care and will use reasonable efforts to make the Channel 4 Online Services available to you at all times. However you acknowledge that the Channel 4 Online Services are provided over the internet and so the quality and availability of the Channel 4 Online Services (and this reference includes 4oD Content and all other content on the Channel 4 Online Services) may be affected by factors that are outside Channel 4's reasonable control such as technical faults in your ISP's and/or telecommunication providers' networks/services. Channel 4 is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, providers, computer equipment or software, or failure of any email or Application to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any website (or any combination of these things).
Channel 4 makes no guarantees that the Channel 4 Online Services will be available, uninterrupted or error free, or that defects will be corrected, or that the Channel 4 Online Services or the server that makes it available are free of viruses or bugs. Except as required by law, Channel 4 will not be responsible for any loss or damage caused by: (a) interruption or delay to the Channel 4 Online Services or errors, viruses or bugs contained in the Channel 4 Online Services caused by events outside Channel 4's reasonable control; (b) your negligence, your breach of the Terms or failure to follow Channel 4's reasonable instructions; (c) any incompatibility of the Channel 4 Online Services with any other software or material on your equipment; (d) any unauthorised use of the Channel 4 Online Services; or (e) any other factor that is outside Channel 4's reasonable control.
Content, information and other material on the Channel 4 Online Services may contain inaccuracies and typographical errors. Channel 4 does not warrant the accuracy or completeness of these or the reliability of any information displayed or distributed through the Channel 4 Online Services (including provided through any software). You acknowledge that reliance on any such information shall be at your sole risk. Channel 4 reserves the right, in its sole discretion, to correct any errors or omissions in any part of the Channel 4 Online Services and to make changes to the Channel 4 Online Services and to the materials, products, programs, services, content or prices described in the Channel 4 Online Services at any time without notice.
Channel 4 cannot accept any responsibility for any damage, loss, injury or disappointment suffered though use of the Channel 4 Online Services or any Application. In no event will Channel 4 or its third party affiliates be liable for any damages whatsoever, whether in action of contract, negligence or other action, including (but not limited to) damages for loss of use of a Channel 4 Online Service, damage to equipment or other software, or loss of data or profits or for other monetary loss or for any indirect or consequential damages, arising out of or in connection with the use (or inability to use) or performance of a Channel 4 Online Service or participation in any Application. In addition, in no event shall Channel 4 or its licensors or third party affiliates be liable for any unauthorised use of the Channel 4 Online Services. These exclusions do not apply to death or personal injury caused by Channel 4's negligence and only apply to the extent permitted by law. This does not affect your statutory rights (please see www.consumerdirect.gov.uk for further details).
15. CHANNEL 4'S INTELLECTUAL PROPERTY RIGHTS, PRODUCTS AND SOFTWARE
The names, images and logos identifying Channel 4, its associated companies or third parties and their products and services are proprietary marks of these parties. Nothing in the Terms shall be construed as conferring any licence or right under any intellectual property right of Channel 4, its associated companies or any other third party unless expressly stated otherwise.
All copyright, trade marks and other intellectual property rights in the Channel 4 Online Services (including the design, arrangement and look and feel) and all material, software or content supplied as part of the Channel 4 Online Services (including 4oD Content), other than User Content and Your Data (see Sections 5 and 8), shall remain at all times the property of Channel 4 or Channel 4's licensors and protected by copyright law.
Any products and services on the Channel 4 Online Services are subject to availability and are available at the sole discretion of Channel 4. Where applicable, all references to Channel 4 products and services are intended to apply only in the United Kingdom. Unless expressly stated as otherwise, 4oD Content is only available in the United Kingdom by United Kingdom residents. You agree not to use or view or attempt to use or view 4oD Content from outside of these territories unless permitted to do so by Channel 4.
From time to time certain software which is the protected work of Channel 4 or its suppliers may be made available to download from the Channel 4 Online Services. You are licensed to use the software on a non-exclusive basis only for the purposes for which it is indicated. You may not use the software for any other purpose and may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise deal with the software unless you are specifically advised otherwise.
16. LAW AND JURISDICTION
The Terms shall be governed by and construed in accordance with the laws of England. Any disputes arising from the Channel 4 Online Services or Terms will be decided only by the English courts.
The Channel 4 Online Services are only intended to be accessed from the United Kingdom (unless stated as otherwise). Channel 4 makes no representation that materials on the Channel 4 Online Services are appropriate or available for use at other locations and access to them from territories where their contents are illegal is strictly prohibited. If you access the Channel 4 Online Services outside of the United Kingdom, you are responsible for compliance with all local laws.
If any of the Terms are held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms which will continue to be valid and enforceable to the fullest extent permitted by law.
Channel 4 can transfer its rights and obligations under the Terms to any company, firm or person provided this does not affect your rights under the Terms. You may not transfer or assign your rights or obligations under the Terms to anyone else and your Membership is personal to you.
17. OUR DETAILS
Channel Four Television Corporation and 4 Ventures Limited (Company Registration No. 04106849 and VAT No. 626 4758 17) are incorporated and registered in England and Wales at 124 Horseferry Road, London SW1P 2TX. You can contact us at this address or by filling in the Help form. To search our online help site visit www.channel4.com/help.
Last updated 14 April 2011 Channel Four Television Corporation/4 Ventures Limited ©2011