Terms and Conditions
SUPER ME - USER TERMS AND CONDITIONS
The Site is owned and operated by Somethin' Else Sound Directions Limited ("Somethin' Else") and Channel Four Television Corporation ("Channel 4") and is part of a Channel 4 Education project known as "SUPER ME" (the "Project") which is produced by Somethin' Else under commission from Channel 4. The Project includes but is not limited to the Site, games, videos and other content on the Site and a Facebook fanpage. Somethin' Else and Channel 4 are collectively referred to in these terms as "we", "us" and "our".
Please read the Terms (as set out below) carefully as they set out your rights and obligations and the terms on which we make the Site and Project available to you.
By providing content to us or the Site you confirm this is (a) your own work and not copied from anyone else or infringing of any third party's rights and (b) not defamatory, harassing, obscene, offensive, threatening or in breach of anyone's privacy. You must have the consent of anyone featured in the content to provide this to us.
The Site uses Facebook Connect in order for users to interact with the Site. You are responsible for complying with Facebook's terms and conditions as well as these Terms.
You will own any original content you submit to the Project (except as otherwise set out on the Site) but by providing content you agree we may use it, copy it and make any part of it available on the Site, other internet sites, mobile, television, radio and/or any other media channel in any format. Further details are set out below.
The Site may contain content created by user submission and which does not necessarily represent the views of Somethin' Else or Channel 4. If you wish to make a complaint about any content please contact us in accordance with Section 9 below.
IF WE DISCOVER OR HAVE ANY REASON TO SUSPECT YOU HAVE BREACHED THE TERMS WE RESERVE THE RIGHT TO SUSPEND OR TERMINATE YOUR MEMBERSHIP OF THE SITE IMMEDIATELY AND WITHOUT NOTICE.
1. YOUR OBLIGATIONS AND THE TERMS
By logging on to the Site using your Facebook account and participating in the activities on the Site or otherwise interacting or viewing the Site you will be deemed to have accepted these Terms so please read them carefully. If the Terms are not accepted in full, you do not have permission to access the Site and should stop using it immediately.
We reserve the right to change the Terms at any time by posting changes online and it is your responsibility to refer to and comply with the most up to date Terms on accessing the Site. Your continued use of the Site after changes are posted constitutes your acceptance of the Terms as modified.
2. AGE OF CONSENT AND OTHER ELIGIBILITY REQUIREMENTS
To participate in the Project you must be 16 years old or older (unless you have parental consent). Children and young people under 16 are entitled to access the Site and view content but we do not give permission for them to participate in the activities on the Site or upload User Content (as defined below) without the permission of a parent or guardian . Except where the Site provides otherwise, you should not attempt to do any of these things if you are under 16 (or allow anyone else to do so).
Where there are any other restrictions or eligibility requirements these will be set out on the Site.
You understand content on the Site may contain material that you may consider offensive or otherwise objectionable. You agree that neither Somethin' Else nor Channel 4 will have any liability to you for any content that may be found to be offensive or otherwise objectionable.
We reserve the right to ask for written proof of age or eligibility from you. If we discover or suspect that you do not comply with the age requirements or are otherwise not eligible, we reserve the right to suspend or terminate your use of the Site immediately without notice.
3. LOGGING ON TO THE SITE
The Site uses Facebook Connect to allow users to participate with activities on the Site and the Project. It is your responsibility to ensure that you continue to comply with Facebook's terms and conditions when you log on to the Site using Facebook Connect to participate in the activities on the Site. If there is a conflict between Facebook's terms and conditions and these Terms then these Terms shall prevail as between you and us in respect of your use of the Site and participation in the Project.
If you use any functionality on the Site that allows people to contact you or allows you to leave comments, you accept these may be abusive, untrue or unpleasant. Please be careful when using any messaging and do not reveal personal information such as your home or work contact details, your last name or where you live. You can use the complaints procedure if any issues arise (see Section 9 below) or if the comment you wish to complain of is posted on Facebook by another Facebook user, by contacting Facebook.
4. HOW WILL WE USE YOUR MATERIAL YOU SUBMIT TO THE PROJECT
"User Generated Content" (referred to in the Terms as "User Content") includes all content provided to the Project or directly to us or uploaded to the Site by users i.e. videos, clips, pictures, reviews, comments (including without limitation comments you post on the Super Me Facebook page), data posting, and all other user generated material.
You agree and guarantee that any User Content you provide or upload is original to you and does not infringe the copyright or any other rights of any person. You must obtain any consents necessary for you to provide the User Content to us.
We do not, unless we agree this with you, claim any rights of ownership in your User Content. As such, you will retain all ownership rights and, although we will be able to use the User Content as set out in these Terms, you will also be have the right to use your User Content in any way you choose. Where User Content is to be used in a different way (e.g. we are asking to own this) this will be made clear on the Site and you will then be able to choose whether to provide particular User Content on that basis.
Where we do not own User Content, you agree that we (and third parties authorised by us) may make any and all User 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 Content may be made available with advertising and/or sponsorship. You now grant us (and third parties authorised by us) a non-exclusive, worldwide, royalty free, irrevocable licence (for the full period of any rights in the User Content) to use, display, publish, broadcast, transmit, copy, make derivative works from, issue copies to the public, communicate to the public by way of electronic transmission, perform, show, play, edit, adapt, alter, store, re-format, sell and sub-licence the User Content without further liability or acknowledgement to you (and you also give us all necessary consents and waivers, including without limitation waivers of any moral rights of authors) for such purposes.
Whether or not we own User Content, you grant us (and third parties authorised by us) the right to issue publicity concerning the User 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 us) and your User Content.
We do not guarantee to use or otherwise make available User Content. Any User Content may be rejected by us and we reserve the right to edit, moderate or delete any User Content at our absolute discretion. We reserve the right not to accept User Content that is not in English and cannot be moderated. All decisions are final and neither Somethin' Else nor Channel 4 will enter into any discussions or correspondence about why User Content has been rejected.
We may, in appropriate circumstances, and at our sole discretion, remove or disable access to User Content that appears to be legally or otherwise problematic e.g. it infringes the copyright or other intellectual property or privacy rights of others, is defamatory, offensive etc. or for any other reason. In relation to all reviews and comments posted on the Site, you consent to us editing such reviews to ensure compliance with the Terms.
We do not keep any "comments" that are not accepted for publication but may retain other User Content even if this is not published. You agree, however, that we have no obligation to keep originals or copies of any User Content or to return this to you or remove this from the Site on termination or at the end of your Campaign or otherwise.
5. YOU PROMISE:
You agree and confirm that:
A. you are the appropriate age set out in Section 2 (or you have parental consent);
B. all information provided by you to us is accurate, true and up to date in all respects and at all times, all facts expressed by you in User Content are true to the best of your knowledge and belief and, if your User Content contains opinions, these are your own and genuinely and truly held by you;
C. all User Content is original to you and you are fully entitled (and have all necessary consents) to give the User Content to us (you must also have the consent of anyone featured in the User Content to provide this to us) and you are happy for this to be used as set out in the Terms;
D. nothing in the User Content will infringe the copyright or any other right of any person, breach any contract or duty of confidence, be defamatory, obscene, offensive, indecent, harassing, threatening, breach anyone's privacy or may constitute a contempt of court or be calculated to bring any broadcaster or other person into disrepute;
E. all User Content will comply with any additional terms or requirements on the Site and you will at all times comply with the Terms;
F. you will only use the Site (and any content made available on the Site, including without limitation any games or videos on the Site) for lawful purposes as intended and will not spam or hack or attempt to disable the Site or attempt to gain unauthorized access to the Site or distribute or attempt to distribute any content made available on the Site to third parties (including without limitation via peer to peer transfers); and
G. where you log on to the Site using Facebook Connect you will comply with Facebook's terms and conditions in addition to these Terms.
You agree to indemnify and keep indemnified Somethin' Else and Channel 4 from and against all claims, damages, expenses, costs and liabilities (including legal fees) relating to or arising from your use of the Site and/or your User Content or arising from any breach or suspected breach of the Terms by you or your violation of any law or the rights of any third party.
6. OTHER SITE TERMS
7. YOUR PERSONAL DATA
Personal information you are asked to supply, or you supply voluntarily as part of the registration, upload/download process, and any other information relating to your User Content (e.g. information provided to us in relation to legal and best practice issues) ("Your Data"), will be used by Somethin' Else, Channel 4, Somethin' Else and Channel 4's group companies, service providers and other organisations and by their subcontractors, employees, agents and advisors (including legal advisors) as follows: (i) to administer your participation in the activities on the Site; (ii) in making decisions about whether User Content you seek to upload onto the Site should be accepted, rejected or used; and/or(iii) as set out on the Site or the Terms. In addition, we may at our 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 we reserve the right to use your details, photographs and audio and/or visual recordings in any publicity (including as set out in Section 4).
8. 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 but not limited to games, videos, software or User Content), or permit or assist any third party to do the same.
You agree to only use the Site for only 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 (including User 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 Site (or any part of the Site, including without limitation any games, videos or other content made available on the Site), including but not limited to by way of peer to peer transfers, other than in accordance with these Terms is prohibited and will constitute a copyright infringement.
9. OTHER USER CONTENT, COMPLAINTS AND CONTACTING US
Although we ask all users to submit User Content that complies with the Terms, you acknowledge that User Content supplied by other users may include material you consider offensive or objectionable. We assume no responsibility or liability for User Content and, as the User Content is created by users, it does not necessarily represent the views of Somethin' Else or Channel 4.
If you become aware of any misuse of the Site or wish to complain about any User Content or other 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 contact us via the contact details set out below (see Section 15). If you contact us we will need to know:
* Nature of your complaint and location within the Site of the particular content or user (save that if the content or user you wish to complain of is on Facebook you should contact Facebook).
* 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. We may, but are not obliged to, monitor or assist in disputes between users. You are solely responsible for your interaction with other users.
10. TERMINATION AND SUSPENSION
We reserve the right to modify, suspend or discontinue the Site or any part of it (including the availability of any features of the Site or pages on the Site) at any time and without notice or liability to you. We are also entitled to suspend or terminate your access to any part of the Site at any time if you breach the Terms or for technical reasons.
You may terminate your participation in the Site at any time, for any reason by ceasing to log on to the Site or visiting the Site. Even after you cease use of the Site is terminated (for whatever reason) the Terms will remain in full force and effect. Your User Content will remain on the Site - please contact us in accordance with the Section 15 below with details of any User Content you would like to be removed from the Site and we will try to remove this. PLEASE NOTE: Any content or comments you post on Facebook is governed by Facebook's terms and conditions.
11. THIRD PARTY SITES/LINKS
Neither Somethin' Else nor Channel 4 is 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. Somethin' Else and Channel 4 do not endorse and are 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. Other than this, links to the Site must be clear links to the relevant page on the Site and content must not be viewed within the pages of any other site (unless expressly set out otherwise on the Site) such that content does not appear to come from us. Somethin' Else and Channel 4 disclaim 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 Somethin' Else or 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 Somethin' Else or Channel 4 or any of their affiliates or subsidiaries. Somethin' Else and Channel 4 reserve the right to request that any links are removed at any time and you agree to comply with any such request.
12. DISCLAIMER/LIMITATION OF LIABILITY
The Site (including all content on the Site such as games, videos, images and text), User Content and information, images, logos and content relating to the Site, Somethin' Else, Channel 4, and/or any of Somethin' Else or 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, 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/or accuracy.
We 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 during the Project. However you acknowledge that the Site is provided over the internet and so the quality and availability of the Site (and this reference includes content on the Site) may be affected by factors that are outside our reasonable control such as technical faults in your ISP's and/or telecommunication providers' networks/services. Neither Somethin' Else nor Channel 4 are 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 User Content 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).
We make no guarantees that the Site (or any content made available on the Site, such as games and videos) will be available, uninterrupted or error free, or that defects will be corrected, or that the Site or any element of it or the server that makes it available are free of viruses or bugs. Except as required by law, neither Somethin' Else nor Channel 4 will 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 our reasonable control; (b) your negligence, your breach of the Terms or failure to follow our reasonable instructions; (c) any incompatibility of the Site with any other software or material on your equipment; (d) any unauthorised use of the Site; or (e) any other factor that is outside our reasonable control.
Content, information and other material on the Site may contain inaccuracies and typographical errors. We do 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. We reserve the right, in our 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, or content described in the Site at any time without notice.
We cannot accept any responsibility for any damage, loss, injury or disappointment suffered though use of the Site (or any content on the Site) or participation in the Project. In no event will Somethin' Else, Channel 4 or any of their third party affiliates 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 or participation in the Project. In addition, in no event shall Somethin' Else, Channel 4 or their 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 Somethin' Else or Channel 4's negligence and shall only apply to the extent permitted by law. This does not affect your statutory rights (please see www.consumerdirect.gov.uk for further details).
13. OUR INTELLECTUAL PROPERTY RIGHTS, PRODUCTS AND SOFTWARE
The names, images and logos identifying Somethin' Else, Channel 4, their associated companies 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 Somethin' Else, Channel 4,their 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 (including without limitation games and videos), other than User Content and Your Data (see Sections 4 and 7), shall remain at all times the property of Somethin' Else, Channel 4, or Somethin' Else and Channel 4's licensors and protected by copyright law.
Any products and/or services on the Site are subject to availability and are available at our sole discretion. Where applicable, all references to our products and services are intended to apply only in the United Kingdom.
From time to time certain software which is the protected work of Somethin' Else, Channel 4 or their 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.
14. 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. We make 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, 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.
We 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 Campaign is personal to you.
15. OUR DETAILS
SOMETHIN' ELSE SOUND DIRECTIONS Ltd (Company No: 02661600) is registered in England and Wales 6 Breams Buildings, London, EC4A 1QL and you can contact us at this address. You can also contact Somethin' Else during the Project at the following email: firstname.lastname@example.org
Channel Four Television Corporation is incorporated and registered in England and Wales at 124 Horseferry Road, London SW1P 2TX. You can contact Channel 4 at this address or by filling in the Help form. To search our online help site visit www.channel4.com/help.
Last updated 12 July 2010 © Channel Four Television Corporation/Somethin' Else Limited 2010.
We are committed to protecting and respecting your privacy. We will use any personal information collected from the site in accordance with all laws and regulations relating to the protection of personal data including the Data Protection Act 1998 (the "Act"). Further details on the Data Protection Act can be found on the Information Commissioner's website (www.informationcommissioner.gov.uk).
This policy (together with the Terms set out above) and any other documents referred to on the site) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
INFORMATION WE MAY COLLECT FROM YOU
We may collect and process the following data about you:
- Information that we receive from Facebook when you log on to the Site via Facebook Connect which you have permitted Facebook to give us through your Facebook account privacy settings.
- Information you provide by filling in forms on the site, when you enter a competition or promotion and/or when you report a problem with the site or the Project.
- If you contact us, we may keep a record of that correspondence.
- We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
- Details of your visits to the site and your participation in the Project and the resources that you access. If you are under the age of 16 please get your parent/guardian's permission before you provide your information to us. Users without this consent are not allowed to provide us with personal information.
IP ADDRESSES AND COOKIES
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve the site and to deliver a better and more personalised service.
They enable us:
- To estimate our audience size and usage pattern.
- To store information about your preferences, and so allow us to customise our site according to your individual interests.
- To speed up your searches.
- To recognise you when you return to our site.
WHERE WE STORE YOUR PERSONAL DATA
All information you provide to us is stored on our secure servers. Unfortunately, the transmission of information via the internet or via mobile networks is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
USES MADE OF THE INFORMATION
We use information held about you in the following ways:
- to administer your participation in the Project (such as your game scores).
- To ensure that content from the site is presented in the most effective manner for you and for your computer.
- To provide you with information, products or services (such as newsletters) that you request from us or have opted in to receive or which we feel may interest you, where you have consented to be contacted for such purposes.
- To allow you to participate in interactive features of our service, when you choose to do so.
- To notify you about changes to the Project.
- As set out on the site and in the Terms.
- For marketing purposes where you have expressly agreed to this.
- For basic profiling services (whether undertaken by us or third parties acting on our behalf).
- To contact you about any content you submit to the Project.
- To contact you if you have entered any competitions on the site.
HOW LONG WILL WE KEEP YOUR PERSONAL INFORMATION
We will hold your personal information on our systems for as long as is necessary for the relevant activity, or as long as is set out in the Terms (or other relevant terms and conditions).
DISCLOSURE OF YOUR INFORMATION
Somethin' Else and Channel 4 may disclose your personal information to any member of their respective group of companies, which means Somethin' Else or Channel 4's subsidiaries and Somethin' Else's and Channel 4's ultimate holding company and its subsidiaries, as defined in section 736 of the UK Companies Act 1985.
We may disclose your personal information to third parties:
- In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
- If Somethin' Else or Channel 4 or substantially all of either Somethin' Else or Channel 4's assets are acquired by a third party, in which case personal data held by it about their users will be one of the transferred assets.
- If they are processing your personal information on our behalf (we require these third parties to comply strictly with its instructions and we require that they do not use your personal information for their own business purposes, unless you have explicitly consented to the use of your personal information in this way).
- If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply the Terms and other agreements; or to protect the rights, property, or safety of Somethin' Else, Channel 4, our other users, or others.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting either Channel 4 at www.channel4.com/help or Somethin' Else at email@example.com or by post at Data Protection, Super Me, Somethin' Else, 20-26 Brunswick Place, London, N1 6DZ.
LINKS TO OTHER WEBSITES
The site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
ACCESS TO INFORMATION
The Act gives you the right to access information held about you and to have any inaccuracies corrected. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you. We will use reasonable efforts to supply, correct or delete personal information about you on our files where this is requested by you.
Last updated: 12 July 2010