Terms and Conditions
EXTERNAL SITES (Third Party Sites)
Tern TV does not, unless otherwise agreed with you, own, or claim any rights of ownership in, your User Content. As such, you retain all ownership rights and you have the right to use your User Content in any way you choose.
However, you agree that Tern TV (and its assignees and licensees including Channel 4) shall have a non-exclusive, worldwide irrevocable licence (for the full period of any rights in the User Content) to use and make available such User Content on or via the Site and any other media, whether now known or invented in the future, which may include other internet sites, mobile communication devices, television and/or radio programmes and that such User Content may be made available with advertising and/or sponsorship of such media. You further grant to Tern TV (and its assignees and licensees including 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. You also confirm any User Content is your own work and that you have the consent to do the same from anyone who is identifiable in your User Content contribution (or the consent of their parent/guardian if they are aged less than 16 years).
Whether or not we own User Content, you grant Tern TV (and its assignees and licensees including Channel 4) the right to issue publicity or other marketing material concerning the User Content and any associated material, service or programme in which it may be included, and the right, for such purposes, to use and reproduce your name and your User Content.
Tern TV does not guarantee to use, or otherwise make available, User Content from external sites. Any User Content may be rejected by Tern TV and may be edited, moderated or deleted at its absolute discretion. Tern TV reserves the right to contact external site regulators and moderators with the intention of having any User Content removed and/or deleted from external sites which 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.
YOUR PERSONAL DATA
Personal information you are asked to supply or you supply voluntarily as part of the registration and/or upload/download and any other information relating to your User Content (e.g. information provided to Tern TV in relation to legal and best practice issues) ("Your Data"), will be used by Tern TV, its group companies, service providers and by their subcontractors, employees, agents and advisors (including legal advisors) as follows: (i) in making decisions about whether User Content you seek to upload onto the Site or external sites should be accepted, rejected or used; and/or (ii) as set out on the Site or the Terms. In addition, Tern TV 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 Tern TV reserves the right to use your details, photographs and audio and/or visual recordings in any publicity or promotional activity.
Except where we agree otherwise with you e.g. in relation to contacting you for marketing, Your Data will be kept private and confidential, will not be passed on to third parties without your express consent and will be used in accordance with our Privacy Policy. By becoming a Member and/or using the Site you are agreeing to Your Data being used as set out above.
USE OF THE SITE
In accessing the Site, 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 Site's material or content (including other User Content) or permit or assist any third party to do the same.
You agree to only use the Site for lawful purposes, in a manner which does not improperly infringe the rights of, or restrict or inhibit the use and enjoyment of, the Site 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 Site.
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 User Content (including peer to peer transfers) other than in accordance with these Terms is prohibited and will constitute a copyright infringement.
OTHER CONTENT, COMPLAINTS AND CONTACTING TERN TV
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. Tern TV 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 Tern TV.
If you become aware of any misuse of the Site or wish to complain about any User Content on external sites, or material on the Site, 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 CONTACT US section at the bottom of the Site. This is the quickest way to contact us.
We will need to know:
- Nature of your complaint and location within the Site 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. Tern TV may, but is not obliged to, monitor or assist in disputes between Members. You are solely responsible for your interaction with other Members.
TERMINATION AND SUSPENSION OF YOUR MEMBERSHIP OR THE SITE
Tern TV reserves the right to modify, suspend or discontinue the Site or any part of it (including the availability of any features of the Site) at any time and without notice or liability to you. Tern TV is entitled to suspend or terminate your Membership or access to any part of the Site 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. If your membership is terminated your User Content will remain on the Site. Please contact us via the ‘contact us’ pages with details of any User Content you would like to be removed and we will try to remove this.
THIRD PARTY SITES/LINKS
Tern TV is not responsible for the availability or content of any third party websites or material you access through the Site. 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. Tern TV 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 Site or send links to other people’s User Content on the Site via email. Tern TV disclaims all liability for any legal or other consequences (including for infringement of third party rights) of links made to the Site.
Links do not imply that Tern TV endorses, is affiliated or associated with any linked site, or is legally authorised to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorised to use any trademark, trade name, logo or copyright symbol of Tern TV or any of its affiliates or subsidiaries. Tern TV reserves the right to request that any links are removed at any time and you agree to comply with any such request.
DISCLAIMER/LIMITATION OF LIABILITY
The Site, User Content and information, images, logos and content relating to the Site, Tern TV, 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.
Tern TV will endeavour to provide the Site using all reasonable care and will use reasonable efforts to make the Site available to you at all times. However you acknowledge that the Site is provided over the internet and so the quality and availability of the Site may be affected by factors that are outside tern TV’s reasonable control such as technical faults in your ISP's and/or telecommunication providers' network/service. Tern TV 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).
Content, information and other material on the Site may contain inaccuracies and typographical errors. Tern TV does not warrant the accuracy or completeness of these or the reliability of any information displayed or distributed through the Site (including provided through any software). You acknowledge that reliance on any such information shall be at your sole risk. Tern TV reserves the right, in its sole discretion, to correct any errors or omissions in any part of the Site and to make changes to the Site and to the materials, products, programs, services, content or prices described in the Site at any time without notice.
Tern TV makes no guarantees that the Site or Content will be available, uninterrupted or error free, or that defects will be corrected, or that the content, the Site or the server that makes it available are free of viruses or bugs. Except as required by law, Tern TV will not be responsible for any loss or damage caused by: a) interruption or delay to the Site or errors, viruses or bugs contained in the Site caused by events outside Tern TV’s reasonable control; (b) your negligence, your breach of the Terms or failure to follow Tern TV’s reasonable instructions; (c) any incompatibility of the Site with any other software or material on your equipment; (d) any unauthorised use of the Site and/or Content; or (e) any other factor that is outside Tern TV’s reasonable control.
Tern TV cannot accept any responsibility for any damage, loss, injury or disappointment suffered though use of the Site. In no event will Tern TV or Channel 4 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 the Site, 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 the Site. In addition, in no event shall Tern TV or its licensors or third party affiliates be liable for any unauthorised use of the Site.
These exclusions do not apply to death or personal injury caused by Tern TV's negligence and only apply to the extent permitted by law. This does not affect your statutory rights.
TERN TV’s INTELLECTUAL PROPERTY RIGHTS, PRODUCTS AND SOFTWARE
The names, images and logos identifying Tern TV, its associated projects 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 Tern TV, its associated companies or any other third party unless expressly stated otherwise.
All copyright, trade marks and other intellectual property rights in the Site (including the design, arrangement and look and feel) and all material, software or content supplied as part of the Site, other than User Content and Your Data, shall remain at all times the property of Tern TV and Channel 4.
Any products and services on the Site are subject to availability and are available at the sole discretion of Tern TV. Where applicable, all references to Tern TV’s products and services are intended to apply only in the United Kingdom.
From time to time certain software which is the protected work of Tern TV may be made available to download from the Site. 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.
LAW AND JURISDICTION
The Terms shall be governed by and construed in accordance with the laws of England. Any disputes arising from the Site or Terms will be decided only by the English courts.
The Site is only intended to be accessed from the United Kingdom and Republic of Ireland. Tern TV makes no representation that materials on the Site 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 Site outside of the United Kingdom or Republic of Ireland, 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.
Tern TV 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.
http://www.channel4.com/house-rules.html