This document governs the relationship between you and MTV when you use our
online services.
TERMS OF SERVICE
We provide our online services to you subject to the following terms and
conditions. You must read these terms and conditions before using the online
services. By using the online services you agree to be bound by the terms and
conditions set out below, which may be updated by us from time to time. In
addition, when using particular services or entering competitions, you shall be
subject to any further guidelines and rules applicable to such services which
may be posted by us from time to time. All such guidelines and rules are hereby
incorporated by reference into these terms. In the case of any inconsistency
between any such guideline or rule and these terms, the guideline or rule shall
prevail. If you do not wish to be bound by these terms and conditions, you may
not use the online services.
1 DEFINITIONS
"Contract" means this agreement; "Information" means
all material delivered by us through the Website;
"Registration Form" means the form you must complete in order to
receive newsletters, participate in any MTV online competition and/or register
on the Website for any other reason;
"Registration Information" means all personally identifiable
information collected by us when a user registers on the Website and/or
participates in any MTV online competition and/or registers for any other
reason;
"Service" means the provision by us to you of access to the
Information through this Website;
"we", "us", "our" means MTV Networks Europe of UK
House, 180 Oxford Street, London W1D 1DS;
"Website" means the websites and online services situated at www.mtv.co.uk
"you", "your" "yourself", means you, the Service
end-user.
2 REGISTRATION, PASSWORD, SECURITY AND USE
To sign up to receive newsletters and to access all areas of the Website,
you must be at least 16 years of age and under 25 years of age and complete the
online registration process by clicking on the "Register" button and
providing us with true, accurate, current and complete information about
yourself (as prompted by the Registration Form). You will need to submit
various details including your name and email address and choose a password and
a user name. You are entirely responsible for maintaining the confidentiality
of your password and other account details. Furthermore, you are entirely
responsible for any and all activities that occur under your account. You agree
to: (a) notify us immediately of any unauthorised use
of your account or any other breach of security; and (b) exit from your account
at the end of each session. We cannot and will not be liable for any loss or
damage arising from your failure to comply with this paragraph 2. If you
provide any information that is untrue, inaccurate, or not current or complete,
or we have reasonable grounds to suspect that such information is untrue,
inaccurate, or not current or complete, we have the right to suspend or terminate
your access to those parts of the Service requiring registration.
You acknowledge that we may establish general practices and limits concerning
use of the Service, including without limitation the maximum number of days
that message board postings or other uploaded content will be retained by the
Website and the maximum number of times (and the maximum duration for which)
you may access the Service in a given period of time. You agree that we have no
responsibility or liability for the deletion of or failure to store any
messages and other communications or other content maintained or transmitted by
the Service. You further acknowledge that we reserve the right to change these
general practices and limits at any time, in our sole discretion, with or without
notice.
3 DISCLAIMER OF WARRANTIES
The Service is provided on an "as is" and "as
available" basis and we make no warranties or representations, whether
express or implied, in relation to the Service, including but not limited to
implied warranties or conditions of completeness, accuracy, satisfactory
quality and/or fitness for a particular purpose.
You acknowledge that:
(a) it is technically impossible to provide the Service free of faults and that
we do not undertake to do so;
(b) faults may lead to temporary unavailability of the Service;
(c) the results that may be obtained from the use of the Service may include
inaccuracies or typographical errors; and
(d) the operation of the Service may be adversely affected by conditions and
performances outside our control, including without limitation, transmission
and telecommunications links between us and you, between different parts of our
network, and between us and other systems and networks.
You further acknowledge that some of the Information, for example software, is
supplied to us by third parties and accordingly we offer no warranty of
whatever nature in relation to such Information.
We will not be liable to you for failures, defects or delays in the Service in
any circumstances, including without limitation where:
(a) you have provided incorrect information in connection with the Service;
(b) you accidentally erase an element of the Service provided to you; or
(c) you fail to comply with the instructions for use of the Service as explained
by us.
4 LIMITATION OF LIABILITY
You agree that, except for death and personal injury arising from our
negligence, we shall not be liable in contract, tort, negligence, statutory
duty or otherwise, for any loss or damage whatsoever arising from or in any way
connected with this Contract or the use or performance of the Service or
Website, including without limitation, damage for loss of business, loss of
profits, business interruption, loss of business information, or any other
pecuniary loss (even where we have been advised of the possibility of such loss
or damage).
5 RIGHTS GRANTED/ RIGHTS RESERVED
We provide the Information to you solely for your personal, non-commercial
purposes and you may download the Information onto only one (1) computer hard drive
for such purposes. The Information may not be used for any other purpose
including without limitation, publication, reproduction or transmission without
our express written permission, subject to which you may upload and/ or send
material derived from the Information or other material to us. By uploading or
sending any material to us, whilst you continue to retain ownership of such
material and may continue to use the content outside the Website, you thereby
grant to us an irrevocable, unconditional, world-wide, royalty free licence to use such material or any part of it in
perpetuity in any and all media and in any manner we may determine in our sole
discretion. Furthermore, you thereby waive all so-called moral rights or other
similar rights in such material. You agree not to copy, modify, create a
derivative work, reverse engineer, reverse assemble or otherwise attempt to
discover the source code, sell, assign, sub-license, grant a security interest
in or otherwise transfer any right in the Information.
We reserve the right at our discretion and without any obligation to remove,
delete, modify, edit , exploit or otherwise deal at our discretion with any
material or content uploaded, or otherwise submitted by you to the Website
including without limitation video, audio, still photographs and artwork,
links, embedded content, data, information, software, text and personal
information.
All rights not expressly granted are reserved to us.
6 USER CONDUCT
We provide the Service to you solely for your personal, private use. You
undertake not to use the Service:
(a) for any unlawful purpose;
(b) in any way so that the Service is interrupted, damaged, rendered less
efficient or the functionality of the Service is in any way impaired;
(c) in any way that may damage or disrupt another user's computer;
(d) for the transmission, uploading or posting of any computer viruses or any
harmful or deleterious files or programs;
(e) to transmit, upload or post any material which is defamatory, offensive,
racist, vulgar, libellous or of an obscene or
menacing character, or in such a way as to cause annoyance, inconvenience or
needless anxiety;
(f) as a means to threaten, stalk, harass, abuse, or otherwise insult other
users or to collect or store personal data about other users;
(g) in a manner which constitutes a violation or infringement of any person,
firm or company's rights (including, but not limited to, rights of copyright or
confidentiality);
(h) to transmit any material for the purposes of publicity, promotion and/or
advertising without our prior written consent unless such transmission has been
specifically requested by another user of the Service;
(i) to create a false identity for the purpose of
misleading others as to the identity of the sender or the origin of a message,
including, but not limited to impersonating an MTV employee, manager, host or
another user; or
(j) to transmit, upload, post or otherwise make available any solicited or unauthorised advertising, promotional materials, "junkmail", "spam", "chain
letters", "pyramid schemes" or any duplicative or unsolicited
messages.
Notwithstanding this, we do not control the content posted by you or other
users of the Service and as such, do not guarantee the accuracy, integrity or
quality of such content. By using the Service, you acknowledge that you may be
exposed to content that is offensive or objectionable. Furthermore, whilst we
make every effort to test and check Information and content on the Website for
viruses, we recommend that you run anti-virus programs on any Information
and/or content obtained via the Service.
Under no circumstances will we be liable in any way for any content or any
damage incurred as a result of you accessing any content posted or otherwise
transmitted via the Service.
You acknowledge that we have the right (but not the obligation) to refuse
access to or remove any content made available via the Service. As part of our
service to you we provide various message board, chatroom,
weblog, profile pages and other message and communication facilities (the
"Service") that may provide you and other users an opportunity to
submit, upload, post, display, transmit and/or exchange information, ideas,
opinions, information, files, messages, transmissions and content with other
users and/or with us and these are referred to as a "Post" or
"Posting.". If a Posting originates from you or your User ID, you
hereby agree that:
(a) you are placing the Posting in the public domain without reservation of any
rights or further control over the Posting or its use and you specifically authorise MTVNE and affiliates to use such Posting in whole
or in part, throughout the universe, and you are automatically granting MTVNE
and affiliates a royalty-free, perpetual, irrevocable, unrestricted, unconditional,
non-exclusive license to use, reproduce, modify, publish, edit, adapt, create
derivative works from, translate, distribute, perform, display and otherwise
exploit such Posting and all elements thereof alone or as part of other works
in any form, media, or technology, whether now known or hereafter developed or
discovered, and to license and sub-license such rights through multiple tiers
of sub-licenses, all without any notification or obligation to you, of
compensation, attribution or otherwise;
(b) You are the sole and exclusive creator, author and owner of your Posting,
and no one else has any right in or to your Posting;
7. POSTINGS
MTVNE names, images and logos, and any names, images and logos of any third
parties, and their products and services are proprietary marks of MTVNE or the
respective third party. Nothing contained herein shall be construed as
conferring impliedly or otherwise any licence or
right under any trade mark or patent of MTVNE, its associated companies or any
other third party.
All copyright, trade marks and other intellectual property rights in this site
(including the design, arrangement and look and feel) and all material or
content supplied as part of the site shall remain at all times the property of
MTVNE or MTVNE licensors. In accessing the Website, you agree that you do so
only for your own personal, non-commercial use. You may not, nor may you agree
to permit or assist in any way any third party to, copy, reproduce, download,
post, store (including in any other web site), distribute, transmit, broadcast,
commercially exploit or modify in any way the material or content without MTVNE’s prior written permission.
8 USER GENERATED CONTENT
Submission and uploading of all content including without limitation,
photos, artwork, video, audio files and postings onto the Website, and websites
owned and operated by organisations and individuals
with which MTVNE has entered into an agreement regarding upload of content is
subject to the MTV Content
Submission Conditions.
However, in addition you agree that MTV may pass on any content you
upload as part of BOOM! to Apple Europe Limited in order for
them to use such content only on their own services throughout the UK
and Ireland, so long as they do not receive any fees in relation to
any use of such content.
9 9 PARENTAL RESPONSIBILITY
We are concerned about the safety and well being of all our users, but
children in particular. Parents who allow their children to use the Service
should take care to supervise and assist their children. We remind you that the
Service is designed to appeal to a wide audience. As the legal guardians, we
remind parents that it is their responsibility to supervise children and to
determine whether particular areas of the Website are suitable for your child.
10 INDEMNIFICATION
You further undertake that in the event that you have any right, claim or
action against any other user arising from the use of the Service, you shall
pursue such right, claim or action independently of, and without recourse to
us. You will fully indemnify and defend us against all claims, liability,
damages, costs and expenses, including legal fees, arising out of a breach of
this Contract or any use of the Service, the Information or the Website by you.
You acknowledge that we have limited control over the nature and content of
Information and programs transmitted or received by you or others who use the
Service and that we do not examine in any way the use to which you put the
Service. You agree to fully indemnify us against any claims or legal
proceedings arising in connection with your use of the Service which are
brought or threatened against us by any other person.
11 INTELLECTUAL PROPERTY
You acknowledge that all copyright, trade marks and all other intellectual
property rights in the Service, Information and the Website shall remain vested
in us or our licensors.
12 SUSPENSION AND TERMINATION
We shall have the right to immediately terminate this Contract and/or
suspend your access to the Service if you commit a breach of these terms and
conditions.
13 COMPETITIONS
When entering a specific competition we will alert you to any particular
rules and/or restrictions applicable to that competition. Please click here and
ensure that you read our general
competition rules which apply to all of our competitions in the absence of
any specific rules to a competition.
14 USER PRIVACY
If you want to amend your Registration Information or add or remove your
name from an SMS, newsletter or other distribution list (which you have
subscribed to on the Website), you can click on the "Update Profile"
link when logged in on the Website and amend your profile accordingly.
If you want to remove all of your information from our database, you may do so
by sending an email to info@mtv.co.uk specifying
your name, email address and telephone number.
Our Privacy Policy contains further information on our treatment of the Registration Information
and/or any other personal information relating to you that we collect in the
course of providing the Service. Additionally, you may ask questions about
privacy issues by sending an email to info@mtv.co.uk .
15 MTV
MOBILE SERVICES
Click
here for information on our mobile services and additional terms and
conditions applicable when users interact with us via mobile devices/SMS (for
example, when entering competitions or registering a vote).
16. COMPLAINTS AND TAKE DOWN
If you wish to make a complaint about the Website or if you think your
intellectual property or other rights have been infringed on the Website or
other MTV services, you give us full details by sending an email to info@mtv.co.uk
17 OTHER WEBSITES
This Website may contain links to other websites which are not controlled
by us. This Contract only applies to your use of this Website and the Service
and we shall not be responsible for any content on any other websites. Any link
to any other website does not amount to an endorsement of that website or its
content.
18 CHANGES TO THIS CONTRACT AND THE SERVICE
We reserve the right to change the terms and conditions of this Contract
from time to time and your continued use of the Service following such change
shall be deemed to be your acceptance of any such change. It is your
responsibility to check this file regularly to determine whether this Contract
has been changed. If you do not agree to any change in the terms and conditions
of this Contract then you must immediately stop using the Service. We also reserve
the right to change and update the Service from time to time.
19 SEVERABILITY
Each provision of this Contract excluding or limiting liability shall be
construed separately, applying and surviving even if for any reason one or
other of those provisions is held to be inapplicable or unenforceable in any
circumstances and shall remain in force notwithstanding the termination of this
Contract.
20 NO WAIVER
No waiver by us shall be construed as a waiver of any preceding or
succeeding breach of any provision.
21 CHOICE OF LAW AND JURISDICTION
This Contract shall be governed by English law and the parties hereby
irrecoverably submit to the exclusive jurisdiction of the English courts.
These Website Terms and Conditions were last updated on June 30, 2008