Terms & Conditions
This service is operated by BBC Worldwide Limited (we, us or
our). We are registered in England and Wales under company number
1420028 and have our registered office at Media Centre, 201 Wood
Lane, London W12 7TQ. Our VAT number is 333289454.
1. Please read these terms and conditions (
the
Terms
) carefully. By accessing and using our website and
any content and features therein (including without limitation any
games, widgets, embeddable media players and RSS feeds) (together,
our Services
), you indicate your acceptance of
these Terms, the
Privacy Policy
, the Code of
Conduct and any other notices, guidelines and rules published by us
on our Services from time to time (each of which is incorporated
into the Terms by this reference). The Privacy Policy and
Code of Conduct
can be accessed from links at the
bottom of our webpages.
2. If you do not accept these Terms please do not access
and/or use our Services.
3. We may update these Terms at any time. Please review
the Terms regularly to ensure you are aware of any changes. Your
continued access to and/or use of our Services after changes have
been made to the Terms indicates your agreement to be legally bound
by the updated and/or amended Terms.
Use of our Services
4. You agree to use our Services for lawful purposes only
and in a way that does not infringe the rights of or restrict or
inhibit any person's use and enjoyment of our Services and in
compliance at all times with these Terms and with all laws and
regulations that apply.
5. In accessing our Services, you agree that you will only
access its contents for your own personal and non-commercial use
and not for any commercial or other purposes, including advertising
or selling any goods or services. You also agree not to adapt,
alter or create a derivative work from any content on our Services
except for your own personal, non-commercial use. You will need our
prior written permission if you want to use any content on our
Services for any other reason.
6. From time to time, we may make available some parts of
our Services (including without limitation forums or communities)
or all of our Services only to those users who have registered with
us. If you choose, or you are provided with, a user identification
code, password or any other piece of information as part of our
security procedures, you must treat such information as
confidential, and you must not disclose it to any third party. Any
personal information supplied to us as part of this registration
process and/or or other interaction with our Services will be
collected, stored and used in accordance with our Privacy Policy.
We have the right to disable any user identification code or
password, whether chosen by you or allocated by us, at any time, if
in our opinion you have failed to comply with any of the provisions
of these Terms.
7. If you are under 16 you will need to obtain your
parent's or guardian's permission before using any interactive
features of our Services, such as transmitting or uploading any
content onto our Services.
If you are under 16 you must not
reveal any personal information about yourself or anyone else,
including your telephone number, home address or email address, to
us or to any other user of our Services.
8. We make no representation that any of the content on
our Services is appropriate or available for use in your country.
You are responsible for ensuring that your use of our Services is
in compliance with all applicable local laws and regulations.
Intellectual Property Rights
9. All information, data, text, documents, graphics,
logos, designs, images, pictures, photographs, videos, podcasts,
weblogs, RSS feeds, widgets, embeddable media players, software,
interactive features, advertisements or other content, services or
materials (or any part of them) accessible on our Services
(
Materials
) are protected by copyright, trade
marks, database rights and other intellectual property rights and
are owned by or licensed to us or are otherwise used by us as
permitted by applicable law or regulation. Nothing contained herein
shall be construed as conferring by implication, estoppel or
otherwise, any licence or right to use the Materials other than as
permitted in these Terms.
10. Except as specifically permitted on our Services, you
undertake not to copy, store in any medium (including on any other
website), distribute, transmit, re-transmit, re-publish, broadcast,
modify, or show in public any part of our Services without our
prior written permission (and the prior written consent of the
owner of the relevant intellectual property rights as and if
applicable) in accordance with the Copyright, Designs and Patents
Act 1988.
User Contributions to our Services
PLEASE READ THIS SECTION CAREFULLY BEFORE UPLOADING OR
OTHERWISE TRANSMITTING ANY CONTENT TO THE SITE. IF YOU DO NOT WANT
TO GRANT US THE PERMISSIONS SET OUT IN THESE TERMS, PLEASE DO NOT
SUBMIT YOUR CONTRIBUTION TO THE SITE.
11. We may now or in the future enable users to transmit
and/or submit (
submit
) contributions (including
without limitation any text, photographs, graphics, video or audio
material) to our Services (
User
Contributions
).
12. Whenever you make use of a feature that allows you to
submit User Contributions or to make contact with other users of
our Services, you must comply with the content standards set out in
the Code of Conduct. You promise that any User Contribution
complies with the Code of Conduct and you will fully reimburse us
for any costs arising from breach of your promise.
13. You remain the owner of the copyright in any original
User Contribution that you submit. By submitting any User
Contribution to any of our Services (including without limitation
any forum, blog, social network, discussion page, photo album or
video uploading facility) and in consideration of us making
available to you the opportunity to upload any User Contribution
(which you acknowledge as a sufficient benefit to you), you
irrevocably and unconditionally grant us free of charge a
non-exclusive, worldwide, royalty-free, sub-licensable licence of
the entire right, title and interest in and to such User
Contribution so that we and any successor may use the User
Contribution in any way, including without limitation the right to
copy, reproduce, modify, edit, adapt, reformat, translate, create
derivative works from, incorporate into other works, transmit,
distribute, perform, play, broadcast, commercialise and otherwise
make available to the public such User Contribution (whether in
whole or in part or copies of the same) in any format or medium
currently known or developed in the future for the full period
during which such rights subsist (including all renewals, revivals,
reversions and extensions of the same) and thereafter to the
fullest extent possible in perpetuity.
14. The permission you have granted to us is not exclusive
and therefore you may continue to use the User Contribution in any
way in any medium, including allowing others to use it, provided
such use does not interfere with or impair the rights you have
granted to us.
15. You authorise us to grant and we hereby grant to each
user of our Services a non-exclusive licence to view, hear, read,
stream, download, link to and otherwise access your User
Contributions to our Services through our Services and otherwise to
use such User Contributions as permitted through the functionality
of our Services and in accordance with these Terms.
16. You shall be solely responsible for your User
Contributions and the consequences of submitting them to our
Services. You promise that:
(a) the User Contribution is your own original work and you own
the entire right, title and interest in and to the User
Contribution and/or you have all necessary licences, rights,
consents and permissions to use and to authorise us to use any and
all intellectual property rights (including without limitation
copyright) in such User Contribution to enable us to use the User
Contribution in the manner contemplated by these Terms;
(b) nothing in the User Contribution is defamatory, obscene,
indecent, pornographic, sexually explicit, harassing, threatening
or offensive, incites racial, cultural or religious hatred,
impersonates or appears to impersonate any other person, is in
contempt of court, violates any law or regulation or encourages
conduct that would amount to a criminal offence (including without
limitation any conduct that would be considered an offence under
the Terrorism Act 2006) or give rise to a civil liability and/or is
otherwise objectionable and/or an infringement of any UK or other
applicable law or regulation;
(c) you will not collect, obtain, compile, gather, transmit,
reproduce, delete, revise, view or display any material, data or
information, whether personally identifiable or not, posted by or
concerning any other person, firm or enterprise, in connection with
your User Contribution or in connection with your use of our
Services, unless you have obtained the express, prior permission of
such other person (or their parent or guardian if such other person
is under 16), firm or enterprise to do so;
(d) the User Contribution does not contain any virus, corrupt
file, cancelbot, worm programme or other malicious code designed to
interrupt, destroy or limit the functionality of or disrupt any
software, hardware, telecommunications, networks, servers or other
equipment, nor any adware, spy ware, Trojan horse or any other
material designed to damage, interfere with, wrongly intercept or
expropriate any data or personal information;
(e) you shall not forge any TCP/IP packet header or part of the
header information in any User Contribution for any reason;
(f) you shall not submit any material or perform any actions
that result in the transmission of junk email, chain letters,
surveys, contests, pyramid selling schemes, duplicative or
unsolicited messages or so-called "spamming" and "phishing";
and
(g) we shall not be required to pay or incur any sums to any
person or entity as a result of our use or exploitation of any User
Contribution.
17. You hereby waive all moral rights or similar rights
now existing or created in the future in any part of the world in
respect of any User Contribution and grant to us the non-exclusive,
royalty-free worldwide right to use any name, user name, screen
name, likeness, photograph, signature and/or biographical material
submitted to us by you.
18. You shall, and will procure that any necessary third
parties shall, do all such further acts and execute and deliver all
such other documents as may be reasonably requested by us to
confirm the licences and rights granted under these Terms.
19. All User Contributions will be considered
non-confidential and we have the right to use, copy, distribute and
disclose to third parties any such material for any purpose. We
also have the right to disclose relevant information to any third
party who is claiming that any material posted or uploaded by you
to our site constitutes a violation of their intellectual property
rights, their right to privacy or any UK or other applicable law or
regulation.
Removal of Materials
20. We are entitled at our option, but are not obliged to
(a) actively review User Contributions to our Services; and/or (b)
remove any User Contributions submitted to our Services by you or
any other user if, in our opinion, such User Contributions do not
comply with these Terms.
21. We reserve the right in our sole discretion at any
time without liability and with or without prior notice (a) not to
post any User Contribution on our Services; (b) to remove or
suspend or disable access to any User Contributions; (c) to revoke
your registration (where applicable) and right to access and/or use
our Services or submit any User Contributions; and (d) to use any
technological, legal, operational or other means available to
enforce these Terms, including without limitation blocking specific
IP addresses or deactivating your registration and/or user name and
password (where applicable).
22. If you are a rights-owner (or an agent acting for a
rights-owner) and believe that any content (including any User
Contribution) appearing on our Services infringes your rights and
you wish us to remove it or suspend or disable access to it, please
send a notice by email with the subject line "Removal request" to
the general e-mail address listed on the Contact Us page of the
website on which the content appears.
In your e-mail, you need to provide us with the following
information:
- details of the content that you claim is infringing or which is
the subject of infringing activity, together with information
reasonably sufficient to permit us to locate the content (including
a URL and/or screen shot);
- information reasonably sufficient to permit us to contact you,
such as a postal address, telephone number and, if available, an
e-mail address; and
- a statement by you that:
- you are the rights-owner or are duly authorised to act on the
rights-owner's behalf;
- you believe in good faith that use of the content in the manner
complained of is not authorised by the rights-owner or the
rights-owner's agent or by law; and
- the information in the notification is true and accurate.
Reliance on Information on our Services
23. Information published via our Services is intended
solely for the purpose of providing general information and is not
intended to amount to advice on which reliance should be placed. We
do not warrant that any Materials are accurate or free from error
and we disclaim all liability and responsibility arising from any
reliance placed on any content on our Services by you or by anyone
who may be informed of any of the contents of our Services.
24. You acknowledge that when using our Services you may
be exposed to Materials from a variety of sources and that we are
not responsible for the content, truth, accuracy, usefulness or
safety of such Materials. We do not endorse any User Contributions
or any opinion, recommendation or advice expressed in any User
Contribution and we disclaim any and all liability in connection
with such User Contributions or other material.
25. We aim to update our Services regularly and may change
the content at any time. We may suspend access to our Services, or
close them indefinitely at any time at our sole discretion. The
Materials may be out of date at any given time and we are under no
obligation to update them.
Warranties and Disclaimer
26. Our Services are provided "AS IS" and on an "AS
AVAILABLE" basis without any representation or endorsement of any
kind. To the fullest extent permitted by applicable law, we
disclaim all warranties, conditions and other Terms of any kind,
express or implied, in connection with our Services and your use of
our Services (including, without limitation, as to satisfactory
quality, fitness for a particular purpose, non-infringement,
compatibility, security and accuracy).
27. We do not warrant that the functions contained in any
Materials on our Services will be uninterrupted or error-free, that
defects will be corrected or that our Services or the servers that
makes them available are free of viruses or bugs.
Limitation of Liability
28. We accept no liability in respect of any User
Contributions submitted by any of our users. Your use of our
Services, the Materials and/or any User Contributions is entirely
at your own risk.
29. To the fullest extent permitted by law, we, other
members of the BBC group of companies and third parties connected
to us hereby expressly exclude any liability for any direct,
indirect, consequential, special or exemplary loss or damage
(whether such losses were foreseen, foreseeable, known or
otherwise) arising from, out of or in connection with the use of
our Services, including without limitation: (a) injury and/or
damage to persons or property as a result of any statement,
including any actual or alleged defamatory statement; (b) losses
suffered by any third party, including infringement of any
intellectual property or privacy rights; (c) loss of data; (d) loss
of revenue or anticipated profits; (e) loss of business or
contracts; (f) loss of opportunity; (g) loss of anticipated
savings; (h) wasted management or office time; or (i) loss of
goodwill or injury to reputation.
30. This does not affect our liability for death or
personal injury arising from our negligence, fraudulent
misrepresentation or misrepresentation as to a fundamental matter,
nor any other liability which cannot be excluded or limited under
applicable laws or regulations.
31. We shall not be responsible for any breach of these
Terms caused by circumstances beyond our control.
Reimbursement by you
32. You agree to reimburse us in full and any of our
officers, directors, employees, agents, representatives, licensors,
suppliers and operational service providers on demand in respect of
any and all claims, actions, proceedings, demands, damages, losses,
liabilities, costs and expenses suffered or reasonably incurred by
us as a result of, or in connection with, your access to and use of
our Services other than in accordance with these Terms or any
applicable law or regulation.
Viruses, hacking and other offences
33. You must not misuse our Services by introducing,
transmitting or arranging the sending of any viruses, corrupt file,
cancelbot, Trojan horse, worm, time or logic bomb, keystroke
logger, spyware, adware or other material designed to adversely
affect the operation of any computer software, hardware or
telecommunications equipment or interfere with, wrongly intercept
or expropriate any data or personal information. You must not
attempt to gain unauthorised access to our Services, the servers on
which they are stored or any server, computer or database connected
to our Services. You must not attack our Services via a
denial-of-service, distributed denial-of service or other type of
attack.
34. Any breach of this provision constitutes a criminal
offence under the Computer Misuse Act 1990. We will report any such
breach to the relevant law enforcement authorities and we will
co-operate with those authorities by disclosing your identity to
them. In the event of such a breach, your right to use our Services
will cease immediately.
35. We will not be liable for any loss or damage caused by
a distributed denial-of-service attack, viruses or other
technologically harmful material that may infect your computer
equipment, computer programs, data or other proprietary material
due to your use of our Services, your downloading of any Materials
on our Services or on any materials on any other website linked to
it.
Links to and from our Services
Linking from our Services
36. We have no control over the content or availability of
third party sites that you may access through our Services and such
links are provided for your information only. If you 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.
37. We do not endorse and are not responsible or liable
(directly or indirectly) for any content, advertising, products,
services, views expressed or information on or available from third
party websites (including without limitation payment for and
delivery of any products or services) or for any damage, loss or
offence caused by or in connection with your access to and use of
such third party sites and any available services. Any Terms,
conditions, warranties or representations associated with any
dealings on any third party sites are solely between you and the
relevant provider of that site and/or any relevant service.
Linking to our Services
38. You may link to the home page of any website within
our Services without seeking our further written consent PROVIDED
THAT you fully comply with these Terms.
39. You are not permitted to create a link to any part of
our Services other than the home page unless you have our prior
written consent (and for the avoidance of doubt, such consent shall
be deemed given in respect of RSS feeds, widgets and embeddable
media players which we may make available PROVIDED THAT you use
them in accordance with these Terms and any further instructions
published through our Services). We reserve the right to withdraw
linking permission without notice. The website from which you are
linking must comply in all respects with the content standards set
out in the Code of Conduct. Our Services must not be framed on any
other site.
40. Any links to our Services must be made in a way that
is fair and legal and does not damage our reputation or take
advantage of it. You must not establish a link in any way that
suggests any form of association, representation, approval or
endorsement on our part where none exists. Links to our Services do
not imply that we endorse, are affiliated with or are associated
with any linked site or that any linked site is authorised to use
any of our trade marks, trade names, brands, logos or copyright
symbols or those of any of our affiliates or licensors.
41. Links to our Services are not permitted from the
following "Excluded Websites":
- websites that incite hatred whether based on race, religion,
gender, sexuality or otherwise, or promote encourage or facilitate
anti-social behaviour;
- websites that promote, encourage or facilitate violence;
- websites that promote, encourage or facilitate terrorism or
other activities that risk UK national security;
- websites that discriminate against any specific social group or
otherwise exploit vulnerable sections of society;
- websites that promote, facilitate or encourage illegal
activity;
- websites which are misleading, pornographic, defamatory, or
that contain illegal, or otherwise actionable content under UK law;
or
- websites which infringe individual privacy.
Advertising and Sponsorship
42. Parts of or all of the Services may from time to time
contain advertising and sponsorship. Advertisers and sponsors are
responsible for ensuring that any materials submitted for inclusion
on our Services comply with relevant laws, regulations and codes
and these Terms. We shall not be responsible for any error or
inaccuracy in such advertising or sponsorship materials.
Software
43. From time to time certain software which is our
protected work or the protected work of our suppliers may be made
available to download via our 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.
Privacy
44. We take your privacy very seriously and are registered
under the Data Protection Act 1998. Any personal information
supplied by you as part of any registration process and/or other
interaction with our Services will be collected, stored and used in
accordance with our Privacy Policy. By using our Services you
consent to such collection and processing and you promise that all
data provided by you is accurate.
RSS Feeds, Widgets and Embeddable Media Players
45. By downloading an RSS feed from our Services or by
adding our widgets or embeddable media players to a website you
agree to be bound by these Terms, including for the avoidance of
doubt the terms set out in this "RSS Feeds, Widgets and Embeddable
Media Players" section and the terms set out in the section above
headed "Linking to our Services".
46. Subject to these Terms, we grant you a
non-transferable, non-sub-licensable, royalty-free, non-exclusive
licence to display on your website (
Your Website
)
the active links or other source identifiers and other information
or materials that you specifically select to receive either from us
via an RSS feed or via our widgets or embeddable media players
(
Our Content
).
47. YOU MAY NOT DIRECTLY OR INDIRECTLY CHARGE
USERS SPECIFICALLY FOR ACCESSING OUR CONTENT OR OTHERWISE
COMMERCIALISE SUCH CONTENT, NOR ATTEMPT TO RE-SELL OUR CONTENT IN
ANY WAY. RSS FEEDS AND/OR WIDGETS AND/OR EMBEDDABLE MEDIA PLAYERS
MAY NOT BE USED IN CONNECTION WITH COMMERCIAL
ACTIVITIES.
48. You may not directly or indirectly change, edit, add
to or produce summaries of Our Content or any content on our
Services nor place any of Our Content in an HTML frame-set.
49. We may restrict, suspend or terminate our RSS feeds,
the content fed to our widgets or embeddable media players, the
licence granted herein or your use or access to the RSS feeds,
widgets or embeddable media players or Our Content at any time
without liability. You agree to destroy all copies of the RSS
feeds, widgets or embeddable media players and all Our Content upon
receiving notice of termination from us.
50. You promise that:
(a) Your Website is not an Excluded Site and does not contain
material which is libellous, defamatory, pornographic, obscene or
which may bring us or the BBC into disrepute, or which is in breach
of any third party intellectual property rights; and
(b) users of Your Website are required to comply with terms that
are equivalent to these Terms in relation to their use of Our
Content.
Order of Precedence
51. If there is any conflict between these Terms and any
specific terms appearing elsewhere on our Services relating to
specific material (including the Code of Conduct), then the latter
shall prevail.
Severability
52. If any of these Terms are determined to be illegal,
invalid or otherwise unenforceable by reason of the laws of any
state or country in which these Terms are intended to be effective,
then to the extent and within the jurisdiction in which that term
is illegal, invalid or unenforceable, it shall be severed and
deleted from these Terms and the remaining Terms shall survive,
remain in full force and effect and continue to be binding and
enforceable.
Jurisdiction
53. The Terms are governed by and construed in accordance
with the laws of England and Wales.
Disputes
54. Any disputes arising from or related to our Services
shall be subject to the jurisdiction of the courts of England and
Wales.
Last updated: 9th February 2009