Terms of Use

1. INTRODUCTION

Please read these terms and conditions (“Terms Of Use”) carefully before using the services on tcmuk.tv. By accessing and using this site, you expressly agree to comply with these Terms Of Use. If you do not agree with any of the below Terms Of Use, do not use this site. This site is controlled and operated by Turner Broadcasting System Europe Limited at 160 Old Street, London, EC1V 9BP, United Kingdom ("TBSEL" “we” or “us”). Our phone number is 020 7693 1000. TBSEL reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms Of Use at any time. Any changes to these Terms of Use will become effective immediately after their publication on the site. We encourage you to review these Terms of Use regularly so that you are familiar with their scope and any changes that may have been made.  By using this site after we have published such modifications, alterations or updates, you agree to be bound by the revised terms. TBSEL retains the right to deny access to anyone who we believe has violated any of these Terms Of Use.

By using this site and the services we provide to you through the site, you confirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live) or that you have reviewed these Terms Of Use with your parent or legal guardian and he or she agrees to these Terms Of Use on your behalf and takes full responsibility for your compliance with them. You agree that you (and your parent or guardian) are fully able and competent to enter into and comply with these Terms of Use.

Supplemental terms and conditions may apply to some of the services we provide and will be disclosed to you in connection with the particular services. Those supplemental terms and conditions will be in addition to, not in lieu of, these Terms Of Use, but in the event of any conflict between those supplemental terms and these Terms Of Use, those supplemental terms will prevail to the extent of the conflict.

 

2. TRADEMARKS, COPYRIGHTS AND RESTRICTIONS

All material on this site, including, but not limited to text, images, illustrations, audio clips, video clips, games and software (“Materials”), is protected by copyrights, trademarks, and other intellectual property rights which are owned and controlled by TBSEL or by other parties that have licensed their material to TBSEL. Materials on tcmuk.tv or any web site owned, operated, licensed or controlled by TBSEL are solely provided for your personal, non-commercial use. Such Materials may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, decompiled, reverse engineered, or used in any manner, except as expressly permitted by these Terms of Use.   

 

3. LINKS

This site may contain links to other web sites ("Linked Sites"). The Linked Sites are for your convenience only, and you access them at your own risk. TBSEL is not responsible for the content of the Linked Sites, whether or not TBSEL is affiliated with sponsors of the sites. TBSEL does not in any way endorse the Linked Sites.

 

4. ACCOUNTS

As part of the services we provide, you may be able to register for an account (“Account”) and to access the services on this site through your Account. You agree to provide true, accurate, current and complete information about yourself as prompted by our registration processes. You shall not impersonate any person or entity or misrepresent your identity, including using another person’s username, password or other account information. You are responsible for all hardware, software, service and other costs you incur to access your Account. Accounts are available only to individual, natural persons who are adults or, in the discretion of such an adult, his or her minor child.

You shall not share your Account with anyone or allow anyone else other than you personally to access or use your Account. You are responsible and liable for all activities conducted through your Account, regardless of who conducts those activities. If you are a parent or guardian, you may permit your child to use the Account instead of you, provided that parents and guardians are liable for the activities of their child.

Upon registration for an Account, you must create a password (“Password”). You shall not disclose your Password to any third party or allow anyone to use your Password to access the services or your Account. You are responsible for maintaining the confidentiality of your Password and for any damage or harm resulting from your disclosure or allowing the disclosure of your Password or from use by any person of your Password to gain access to your Account. We shall not be liable for any financial or emotional damage or distress you may suffer (and/or subsequent loss or damage to your Account or Account attributes) as a result of the disclosure of your Password to a third party. 

 

5. SUBMISSIONS

a. End User Content 

The site may afford you and other end users the means to upload and communicate information, including without limitation, messages, notes, comments, opinions, ideas, photos, drawings, images, videos, profiles, artwork, audiovisual works, musical compositions (including lyrics), sound recordings or other materials  (collectively, “End User Content”). As to End User Content, you agree that you are responsible for your End User Content, that you have the right to post any End User Content that you submit through the site, and that any End User Content you communicate or cause to be communicated shall not:  (i) infringe the intellectual property, privacy or other rights of any third party; (ii) violate any law, rule or regulation; (iii) be defamatory, indecent, obscene, pornographic, abusive or threatening; (iv) advocate illegal activity; (v) advertise or otherwise solicit funds or is a solicitation for goods or services; (vi) or contain any viruses, trojan horses, disabling code, worms, or other computer programming or routines that are intended to, or which in fact, damage, detrimentally interfere with, monitor, intercept, or expropriate any Materials, data, information, packets, or personal information. You agree that we may review, edit and delete any End User Content for any reason, including, in our sole judgment, that the End User Content violates these Terms of Use. Further, you acknowledge and agree that we may take any action we deem appropriate as to any End User Content communicated by you, if we believe, in our sole discretion, that it may expose us to liability, or damage our relationship with any of our suppliers, licensors or other users of the site.  

You own your End User Content (except for any Materials and derivatives of Materials incorporated into End User Content). As to all End User Content, you hereby grant to us, our licensees, distributors, agents, representatives and other authorized users, a perpetual, worldwide, irrevocable, assignable, fully-paid, royalty-free licence, fully sub-licensable, to exercise all intellectual property rights, in and to all or any part of your End User Content, and exploit the End User Content by any means, including by creating derivative works of End User Content or for purposes of advertising and promotion, in any medium now known or hereafter developed. For the avoidance of doubt, when you or any other person authorised by you submits material, you agree that TBSEL has the right to publish or otherwise use the material or any of its elements for any type of use, including promotional and advertising purposes. You agree that you are not entitled to any payment, credit, notice, attribution, or other compensation or consideration for any uses of End User Content by TBSEL. If we facilitate the creation of materials through features or activities on our sites or through our services (including our “game creator” games, mash-ups, activities, competitions, promotions, forums, etc.) that require the use of our Materials, in whole or in part, we hereby grant to you a non-exclusive licence to create a derivative work using our Materials, but only for the purpose of creating your materials as part of your enjoyment of the services and always in accordance with these Terms Of Use, and you agree that TBSEL is the owner of such Materials and derivative works. If such rights in derivative works are not assignable to us, then your license to create derivative works using our Materials shall be null and void. You agree to the foregoing whether or not your materials are used by us in any manner. 

TBSEL may review, edit, reject, refuse to post and/or delete any End User Content that in the sole judgment of TBSEL violates these Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of any person. You understand that TBSEL has the right at all times to disclose any information (including the identity of the persons providing information or materials on this site) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes or other actions, especially those that may involve personal injury or the safety of any person.

b. Unsolicited  Submissions

TBSEL does not accept or consider unsolicited submissions of any kind. Any such unsolicited submissions are either discarded or deleted or returned to the sender, in our discretion, without being reviewed (or reviewed solely to the extent necessary to determine that the materials are an unsolicited submission). Therefore, please do not send any unsolicited submissions to us. 

From time to time, areas on the site may expressly request submissions of concepts, stories, artwork, audiovisual works or other potential content from you (“Invited Submissions”). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on the sites to govern those Invited Submissions, as they will affect your legal rights. If no such additional terms and conditions are presented, then these Terms Of Use will apply in full to any Invited Submissions you make and Invited Submissions shall be treated as “End User Content.”

In any event, any material, including Invited Submissions, you send to us will not be treated as confidential, and you agree that such materials shall not be subject to any obligation of confidence on the part of TBSEL, that no confidential or fiduciary relationship is intended or created between you and us in any way, that you have no expectation of review, compensation or consideration of any type, and that TBSEL shall not be liable for any use or disclosure of any such material.  

 

6. PRIVACY

Any personal information you provide to us when you use our services will be processed in accordance with our Privacy Policy.

 

7. COPYRIGHT

TBSEL respects the rights of all copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.

If we determine that the material cited by you constitutes a copyright infringement, we will remove, or “take down” the infringing material.  

 

8. INDEMNIFICATION

You agree, to the fullest extent permitted by law, to indemnify TBSEL and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable legal fees, resulting from your breach of these Terms Of Use.

 

9. DISCLAIMER OF WARRANTIES AND LIABILITY

The Materials on this site are provided "as is" and without warranties in relation to the provision of the site services. Neither TBSEL, nor its affiliated or related entities, nor any person involved in the creation, production, and distribution of this site warrant that the functions contained in the Materials will be uninterrupted or error-free, that defects will be corrected, or that TBSEL or the server that makes them available are free of viruses or other harmful components. The Materials are provided solely for entertainment and promotional purposes. TBSEL does not warrant or make any representations regarding the use or the results of the use of the Materials on this site in terms of their correctness, accuracy, reliability, or otherwise.

You expressly agree that except for death and personal injury arising as a consequence of TBSEL's negligence, neither TBSEL, nor its affiliated or related entities, nor any of their respective employees, or agents, nor any person or entity involved in the creation, production, and distribution of this site are responsible or liable to any person or entity whatsoever for any loss or damage whatsoever resulting from the use of this site. By way of example, and without limiting the generality of the foregoing, TBSEL and related persons and entities shall not be responsible or liable for any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorised access to or the reliance upon or use of data, information, opinions or other materials appearing on this site. You expressly acknowledge and agree that TBSEL is not liable or responsible for any defamatory, offensive or illegal conduct of other subscribers or third parties.

 

10. JURISDICTIONAL ISSUES

Unless otherwise specified, the Materials on this site are presented solely for the purpose of entertainment and promoting programs and other products available in Europe, Africa and the Middle East, their territories, possessions and protectorates. This site is controlled and operated by TBSEL from its offices in London.

These Terms Of Use shall be governed by, construed and enforced in accordance with the laws of England and Wales. Any action you, any third party or TBSEL bring to enforce these Terms Of Use or, in connection with, any matters related to this site shall be subject to the exclusive jurisdiction of the courts of England and Wales. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by TBSEL.

 

These Terms Of Use were last updated on 1 July 2015.