By providing content to Channel 4 or the Site you confirm such content is (a) your own work and not copied from anyone else and (b) not defamatory, obscene, indecent, harassing or threatening. You must also have the consent of anyone featured in the content to provide this to Channel 4.
You will own content provided to Channel 4 or the Site (unless agreed otherwise with you) but by providing content you agree that Channel 4 may make this content available on the Site and any other media, which may include other internet sites, mobile, television or radio. Further details are set out below.
1. YOUR OBLIGATIONS
If you are seeking to upload material to the Site or to engage in any activities within the Site other than passively viewing Site content, you must register and become a Site member ("Member"). As part of the registering process, you will be asked to 'ACCEPT' these Terms. On doing so, you will be deemed to have consented to and you will be bound by these Terms.
Visitors to the Site merely wishing to view content do not need to register and become Members. However, any use of the Site (which includes but is not limited to simply viewing the Site's content) constitutes your acknowledgement and acceptance of these Terms, which takes effect the moment you first use the Site.
Channel 4 reserves the right to change these Terms at any time by posting changes online and it is your responsibility to refer to and comply with these Terms on accessing the Site. Your continued use of this Site after changes are posted constitutes your acceptance of these Terms as modified.
If these Terms are not accepted in full, you do not have permission to access the content of the Site and you should cease using the Site immediately.
If there is any conflict between these Terms and rules and/or specific terms of use appearing on the Site relating to specific material then the specific terms of use shall prevail.
2. AGE OF CONSENT
You must be 16 years or over to register as a Member. If we discover or have any reason to suspect that you have not reached 16 years of age then we reserve the right to suspend or terminate your Membership immediately and without notice.
Children and young people under 16 are entitled to access the Site to view its content but are not presently able to register as Members and actively participate e.g. upload/download material. Certain parts of the Site e.g. with adult content, may be unsuitable for younger viewers and will receive a guidance rating.
3. DON'T TELL ANYONE YOUR PASSWORD!
When you register as a Member, you will be asked to select a Password you can then use to access your account and log on to areas of the Site are reserved for Members only.
You accept it is your sole responsibility to maintain the confidentiality of your Password and that you are responsible for all activity that occurs under this. Channel 4 is unable to check the identity of people using the Members' areas and will not in any way be liable where your Password is used by someone else. You should make sure that you are the only person using your Password.
You agree to notify Channel 4 immediately of any unauthorised use of your Password and any other breach of security as soon as you become aware of it.
4. HOW WILL CHANNEL4 USE YOUR MATERIAL?
"User Generated Content" includes all creative content provided to 4Laughs or Channel 4 or uploaded onto the Site by users i.e. videos, clips, pictures, reviews, comments, data posting and all other user generated material.
You agree and guarantee that any User Generated 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 that are necessary for you to provide the User Generated Content to Channel 4.
4Laughs is committed to supporting new comedy and so Channel 4 does not, unless we agree this with you, claim any rights of ownership in any User Generated Content. Unless you agree otherwise, you retain all ownership rights in your User Generated Content and so you will still have the right to use your User Generated Content in any way you choose.
Where User Generated Content is to be used in a different way (e.g. if Channel 4 wishes to own this or it is to operate under a Creative Commons licence) this will be made clear to you on the Site and you will then be able to choose whether to provide particular User Generated Content on that basis.
You agree that Channel 4 (and third parties authorised by Channel 4) may make the User Generated Content available on the Site 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 Generated Content may be made available with advertising or sponsorship. You now grant Channel 4 (and third parties authorised by Channel 4) a non-exclusive licence to use, display, publish, transmit, copy, edit, alter, store, re-format and sublicence the User Generated Content for such purposes.
You grant Channel 4 the right to issue publicity concerning the User Generated 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 the User Generated Content or copies of your User Generated Content.
5. YOU PROMISE
You agree and confirm that:
A. if registering as a Member, you are over 16 years of age;
B. all information and details provided by you to Channel 4 are accurate, true and up to date in all respects and at all times (see our Privacy Policy on how to update your personal data);
C. any User Generated Content is original to you and you are fully entitled to give the same to Channel 4, nothing in the User Generated Content will infringe the copyright or any other right of any person, breach any contract or duty of confidence, be defamatory, obscene, indecent, harassing, threatening, liable to incite racial hatred or may constitute a contempt of court or be calculated to bring any broadcaster or other person into disrepute and all facts expressed by you in User Generated Content are true to the best of your knowledge and belief and, insofar as your User Generated Content contains any opinions, these opinions are your own and are genuinely and truly held by you;
D. all User Generated Content will comply with the Legal and Best Practice Guidelines; and
E. you will at all times comply with these Terms.
In addition, you agree to indemnify and keep indemnified Channel 4 from and against all claims, damages, expenses, costs and liabilities (including any legal fees in relation to the same) relating to or arising from your use and/or membership of the Site or arising from any breach or suspected breach of these Terms by you or your violation of any law or the rights of any third party.
6. CHANNEL 4'S INTELLECTUAL PROPERTY RIGHTS
The names, images and logos identifying Channel 4 and all Channel 4 associated companies or third parties and their products and services are proprietary marks of Channel 4, its associated companies and/or third parties. Nothing contained in these Terms shall be construed as conferring any licence or right under any copyright, trade mark, patent or and other 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 Site (including the design, arrangement and look and feel) and all material or content supplied as part of the Site, other than "User Generated Content" (see above) and "Your Data" (see below), shall remain at all times the property of Channel 4 or Channel 4's licensors.
In accessing the Site, you agree you do so only for your own personal, non-commercial use. 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 people's User Generated Content) or permit or assist any third party to do the same.
Any private information and/or data relating to your User Generated Content other than Your Data (for which see our Privacy Policy) e.g. information provided to Channel 4 in relation to legal and best practice issues, that you are asked to supply or that you supply voluntarily as part of the registration process and as part of the upload/download process, will only be used by Channel 4's subcontractors, employees, agents and advisors (including legal advisors) as part of the process of administering your Membership and when making decisions whether any User Generated Content you seek to upload onto the Site should be accepted or rejected. 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 these Terms by you or otherwise where required by law. Otherwise, this information will be kept private and confidential and will not be passed on to third parties without your express consent.
7. TERMS OF USE
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, 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.
Channel 4 does not undertake to broadcast or otherwise make available User Generated Content. Any User Generated Content or material of any kind may be rejected by Channel 4 at its absolute discretion. All decisions are final and Channel 4 will not enter into any discussions or correspondence about why User Generated Content or other material have been rejected.
Channel 4 may, in appropriate circumstances, and at its sole discretion, remove certain content or disable access to content that appears to be legally or otherwise problematic e.g. it infringes the copyright or other intellectual property rights of others, is defamatory etc., or for any other reason Channel 4 decides. In relation to all reviews that are posted onto the Site, authors hereby consent to Channel 4 editing such reviews in any way it deems fit for whatever reason.
8. I WANT TO MAKE A COMPLAINT...
If you believe any of your rights have been violated e.g. your copyright infringed, you have been defamed etc., by material available on the Site please provide Channel 4 with the following information immediately:
* The nature of your complaint and an exact description of where the material about which you complain is located within the Site;
* In the case of a copyright dispute, identification of the copyrighted work that you claim has been infringed and a statement by you that you have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
* Your name, address, telephone number, and email address;
* A statement by you that the above information is accurate and, in the case of a copyright dispute that you are the owner of the copyright interest involved or are authorised to act on behalf of that owner; and
* Your electronic or physical signature.
Channel 4 can be reached as follows: Channel 4 Television Corporation, 124 Horseferry Road, London SW1 2TX or by email at 4laughs@channel4.com
9. 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 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. 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). Channel 4 is not responsible for any damage, loss or offence caused by or, in connection with, any content, advertising, products, services or information available on such websites or material. Any terms, conditions, warranties or representations associated with such dealings, are solely between you and the relevant provider of the service.
Links to the Site must be direct to the channel4.com/4Laughs homepage (and not any part of a page) and must not be viewed within the pages of any other site. Channel 4 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 Channel 4 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 Channel 4 or any of its affiliates or subsidiaries. Channel 4 reserves the right to request that links are removed at any time.
10. DISCLAIMER/LIMITATION OF LIABILITY
The Site and the information, names, images, pictures, logos, content and icons relating to channel4.com/4laughs, 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 or endorsement being made and without warranty of any kind, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
The information and other materials included on the Site may contain inaccuracies and typographical errors. Channel 4 does not warrant the accuracy or completeness of the information and materials or the reliability of any statement or other information displayed or distributed through the Site (including, without limitation, the information provided through the use of any software). You acknowledge that any reliance on any such statement or 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 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. In no event will Channel 4 and/or third parties be liable for any damages including, but not limited to, errors or omissions, indirect or consequential damages or any damages whatsoever arising from use or loss of use, data or profits, whether in action of contract, negligence or other action, arising out of or in connection with the use of the Site. 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.
Channel 4 does not warrant that the functions contained in the Site will be uninterrupted or error free or that defects will be corrected or that the Site or the server that makes it available are free of viruses or bugs. Channel 4 does not represent the full functionality, accuracy or reliability of any material. Channel 4 may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time without notice or liability.
11. CHANNEL 4'S PRODUCTS
Any products and services mentioned in the Site are subject to availability and are available at the sole discretion of Channel 4. Furthermore, where applicable, all references to Channel 4 products and services are intended to apply only in the United Kingdom.
12. SOFTWARE
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 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.
13. LAW & JURISDICTION
The Terms shall be governed by and construed in accordance with the laws of England. Disputes arising from the Site or the Terms shall be exclusively subject to the jurisdiction of the courts of England. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises.
If any of the Terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the law of any state or country in which the Terms are intended to be effective, then to the extent and within the jurisdiction in which that term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from that clause and the remaining terms and conditions shall survive and continue to be binding and enforceable.
Channel 4 makes no representation that materials on the Site are appropriate or available for use at other locations outside of the United Kingdom and access to them from territories where their contents are illegal is strictly prohibited. If you access the Site from a location outside of the United Kingdom, you are responsible for compliance with all local laws.
ANY QUESTIONS?
For more information please contact us at Channel 4 Television Corporation, 124 Horseferry Road, London SW1P 2TX or by email at 4laughs@channel4.com
Last updated 2nd October 2006
