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Read information on Parental Controls
WEBSITE AND SERVICES – USER TERMS & CONDITIONS
By registering with, using or visiting the "Site" (this term covers channel4.com, e4.com and 4oD (Channel 4’s video on demand service) as these may be rebranded from time to time and including all content on these sites), you agree to these terms and conditions (“Terms”) and our Privacy Policy (which is incorporated into the Terms). If you do not agree to the Terms or Privacy Policy, please do not use or register with the Site.
The Site is owned and operated by Channel Four Television Corporation and 4 Ventures Limited (“we”, “us” and “Channel 4”). Please read the Terms (and the other terms set out below) carefully as they set out your rights and obligations and the terms on which Channel 4 makes the Site available to you. They also provide information on how you can submit material and how this will be used.
IMPORTANT NOTICE ABOUT USER CONTENT
By providing content to Channel 4 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, obscene, harassing, 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.
You will own any original content you provide (except for applications to appear in programmes or as otherwise agreed with you or set out on the Site) but by providing content you agree Channel 4 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 Channel 4. The Site may contain content of an adult nature that is unsuitable for young people (under 16). If you wish to make a complaint about any content please go to the Help Pages.
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
If you would like to upload material to the Site, interact with the Site or access streamed content (other than Catch Up on channel4.com) or 4oD Content (as defined in Section 10), you must register and become a Site member (“Member”). As part of this you will be asked to “accept” the Terms and, on doing so, you will be deemed to have consented to and will be bound by the Terms. You must be a Member before you can audition for or apply to participate in any C4 or E4 show (“Application”) (see Section 4).
Other visitors to the Site do not need to become Members. However, any use of the Site (including, but not limited to, viewing content) constitutes your acceptance of the Terms, which takes effect the moment you first use the Site. If the Terms are not accepted in full, you do not have permission to access the Site and should stop using it immediately.
Channel 4 reserves 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 (you can also check the Help Pages for details). Your continued use of the Site after changes are posted constitutes your acceptance of the Terms as modified.
2. AGE OF CONSENT AND VIEWER GUIDANCE
You must be 18 years or over to register with 4oD, access or purchase any 4oD Content, watch Catch Up on channel4.com and/or submit an Application (or any other age specified for a particular Application). Except where the Site provides otherwise, you must be 16 years or over to register as a Member or use Site forums (this means that if you are aged over 16 but have not reached 18 you can register with the Site but cannot register with 4oD, access or purchase 4oD Content or watch Catch Up on channel4.com without the permission of an adult, or submit an Application). Except where the Site provides otherwise, children and young people under 16 are entitled to access the Site and view certain content but Channel 4 does not give permission for them to register as Members, access or purchase 4oD Content or watch Catch Up on channel4.com without the permission of an adult, or actively participate e.g. upload User Content. 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.
Some content (e.g. 4oD Content, Catch Up on channel4.com and clips) may be unsuitable for younger viewers. Such content will exist in both the free and pay areas of the site. Where necessary, guidance information is provided in the form of a ‘G for Guidance’ symbol with accompanying text. In the case of Catch Up on channel4.com and the catch up service on 4oD, the relevant Channel 4, More4 or E4 scheduled on-air transmission times are also provided. These transmission times should be used as an indication of watershed suitability for each piece of content, and the same discretion you would apply when choosing to view content on your televisions should be applied when choosing to view such content on 4oD and/or channel4.com. Upon agreeing to the Terms you accept full responsibility for reviewing any and all viewer guidance information supplied for each piece of content for the purpose of informing, and where appropriate safeguarding, viewers, including but not limited to children and young people. Where you allow children or young people to view any content, you are responsible for making sure that this is suitable for them.
You understand that this content may contain nudity or other material of a sexual nature, or may include material you may consider offensive or otherwise objectionable. Although Channel 4 will attempt to bring such material to your attention prior to completion of any transaction, you agree Channel 4 shall have no liability to you for any 4oD Content, Catch Up on channel4.com or other 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, we reserve the right to suspend or terminate your Membership or use of the Site immediately and without notice and/or disqualify you from any Application process.
3. YOUR PASSWORD, USERNAME, PIN AND SECURITY
When you register as a Member, you will be asked to select a user name and password you can then use to access your account and log on to and/or participate in areas of the Site reserved for Members only. We reserve the right to reject user names that are offensive, defamatory or otherwise unsuitable. For 4oD, Catch-up and clips on channel4.com, you will also have the option to select a PIN to control access to the service on the actual computer you register on. While your user name and password will operate on other computers you choose to download the 4oD application to, PIN numbers are specific to individual computers.
You may update certain details via your account. In certain areas of the Site, you may be able to set your Membership profile and control parts of this e.g. the information other users can see. This does not apply to the whole Site and you should use the Help Pages if you have any queries.
You accept it is your sole responsibility to maintain the confidentiality of your password and PIN and you are responsible for all activity that occurs under this. Channel 4 is unable to check the identity of people acting as Members or using Members’ areas and will not be liable where your password and/or PIN is used by someone else. You should make sure you are the only person using your password and you agree to notify us of any unauthorised use of your password and/or PIN and any other breach of security as soon as you become aware of it.
If you use any functionality that Channel 4 makes available that allows people to contact you or leave comments, you are accepting 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 11). The Site will explain any functionality that we introduce to allow you to block or remove comments.
4. APPLICATIONS
You may have the chance to apply to participate in C4 or E4 shows on the Site. The Site will set out details of how to submit an Application, the process and any additional rules or requirements. User Content and Your Data supplied as part of an Application MUST comply with the Terms and other requirements we notify to you and will be used as set out in Sections 5 and 8.
Channel 4 reserves the right to disqualify incomplete Applications or those that do not follow the requirements or Terms. Channel 4 does not accept responsibility for lost or delayed Applications or for any errors in or unauthorised access to Applications which happen because of server functions, viruses, bugs or other things that Channel 4 does not control.
Channel 4’s decision as to whether an Application is successful (or in the event of any argument regarding the rules, conduct or results of the Application process) is final and no correspondence will be entered into. Whether particular Applications are used is entirely Channel 4’s decision. These decisions may be taken by or with a production company (where this has been agreed between Channel 4 and the production company).
Channel 4 may withdraw, cancel or amend the Application or the process without prior notice if the programme is cancelled, to ensure compliance with legal, regulatory or other similar requirements or for any reason outside Channel 4’s control. Any changes will be posted on the Site.
5. HOW WILL CHANNEL 4 USE YOUR MATERIAL?
"User Generated Content" (referred to in the Terms as "User Content") includes all content provided to the Site or Channel 4 or uploaded to the Site by users i.e. videos, clips, pictures, reviews, comments, data posting, competition entries 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 other person. You must obtain any consents necessary for you to provide the User Content to Channel 4.
Channel 4 will own User Content submitted as part of an Application (unless the Site expressly sets out otherwise). By submitting User Content as part of an Application, you therefore agree that your User Content (and any further use made of this) will belong to Channel 4 and that we will have the right to use and promote this (and authorise others to do so) as we see fit.
Except in relation to Applications, Channel 4 does not, unless we agree this with you, claim any rights of ownership in your User Content. As such, you retain all ownership rights and, although Channel 4 will be able to use the User Content as set out in the Terms, you will also 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 Channel 4 (and third parties authorised by Channel 4) 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 Channel 4 (and third parties authorised by Channel 4) a non-exclusive, worldwide, irrevocable licence (for the full period of any rights in the User Content) to use, display, publish, transmit, copy, make derivative works or podcasts from, edit, alter, store, re-format, sell and sub-licence the User Content for such purposes.
Whether or not we own User Content, you grant Channel 4 (and third parties authorised by Channel 4) 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 Channel 4) and your User Content.
Channel 4 does not guarantee to use or otherwise make available User Content. Any User Content may be rejected by Channel 4 and may be edited, moderated or deleted at its absolute discretion. Channel 4 reserves the right not to accept User Content that is not in English and cannot be moderated. All decisions are final and Channel 4 will not enter into any discussions or correspondence about why User Content has been rejected.
Channel 4 may, in appropriate circumstances, and at its 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 etc. or for any other reason. In relation to all reviews and comments posted on the Site, authors consent to Channel 4 editing such reviews to ensure compliance with the Terms.
Channel 4 does 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 Channel 4 has 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 of your Membership or at the end of any Application or otherwise.
6. YOU PROMISE:
You agree and confirm that:
A. if registering as a Member, you are 16 years of age or over (or you are the appropriate age provided for on the Site) and if accessing or purchasing 4oD Content, watching Catch Up on channel4.com or submitting an Application, you are 18 years of age or over (or any other age required for a particular Application);
B. all information provided by you to Channel 4 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 Channel 4 (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; and
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.
You agree to indemnify and keep indemnified Channel 4 from and against all claims, damages, expenses, costs and liabilities (including legal fees) relating to or arising from your use and/or Membership or Applications 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.
7. OTHER SITE TERMS
Some parts of the Site may have specific terms of use (e.g. competitions, the application software licence on 4oD (available to view on the Help Site) or specific terms relating to individual pieces of 4oD Content and Catch Up on channel4.com). By registering for and/or using these parts of the Site you are agreeing to these specific terms. If there is any conflict between the Terms and specific terms appearing on the Site, the specific terms shall prevail.
8. YOUR PERSONAL DATA
Personal information you are asked to supply or you supply voluntarily as part of the registration, upload/download or Application process and any other information relating to your User Content (e.g. information provided to Channel 4 in relation to legal and best practice issues) ("Your Data"), will be used by Channel 4, its group companies, service providers and other organisations (such as production companies involved in any Applications) and by their subcontractors, employees, agents and advisors (including legal advisors) as follows: (i) to administer your Membership or Application; (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, 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 the Terms by you or otherwise where required by law.
You may be requested to take part in promotional activity and Channel 4 reserves the right to use your details, photographs and audio and/or visual recordings in any publicity (including as set out in Section 5).
Your Data supplied as part of your Membership profile will, unless we tell you otherwise, be able to be seen by other users of the Site so make sure you only provide information you are happy to be seen in this way. You can control some of the information other users see using your "profile" page.
Except as set out above (or where we agree otherwise with you e.g. in relation to contacting you for marketing), Your Data will be kept private and confidential, will not be passed on to third parties without your express consent and will be used in accordance with our Privacy Policy. By becoming a Member and/or using the Site you are agreeing to Your Data being used as set out above.
9. 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 other User Content) or permit or assist any third party to do the same. Additional terms relate to the use of 4oD Content and Catch Up on channel4.com(see Section 10).
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, 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, 4oD Content and Catch Up on channel4.com) 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 User Content (including peer to peer transfers) other than in accordance with these Terms is prohibited and will constitute a copyright infringement.
10. 4OD CONTENT AND CATCH UP ON CHANNEL4.COM
"4oD Content" means the programmes, film and content available on 4oD and "Catch Up on channel4.com" means the catch up programmes, film and content available on channel4.com. This section sets out some specific terms that relate to your access and use of 4oD Content and Catch Up on channel4.com.
(a) Rights in 4oD Content
The Site will set out information on the basis on which particular 4oD Content and Catch Up on channel4.com is made available and will also tell you how long you have to download and view the same ("Licence Period") unless this is 4oD Content that has been purchased on a "download to own" basis. After the Licence Period has expired you will no longer be able to view the 4oD Content or Catch Up on channel4.com. Once the Licence Period has expired you may need to delete the 4oD Content and/or Catch Up on channel4.com file from your equipment (if it does not automatically delete). You must have downloaded and must start to view the 4oD Content and/or Catch Up on channel4.com (i.e. press "play") within the Licence Period. It is your responsibility to make sure there is enough time left in the Licence Period for you download the 4oD Content and /or Catch Up on channel4.com content and to start to view it and Channel 4 is not responsible if you do not allow sufficient time to do this.
Where there is a charge for 4oD Content, this will be made available for download or viewing by you once your payment has been authorised. Until your payment is authorised, Channel 4 may decline to supply the 4oD Content to you. No contract will be entered into between you and Channel 4 unless and until you make payment for the 4oD Content.
Subject to the above, the following provisions apply to the different ways 4oD Content and Catch Up on channel4.com content is made available:
Catch Up on channel4.com and catch up content on 4oD this content is made available to you at no cost and is accessed on the Site via streaming (rather than download). You do not need to register to access Catch Up on channel4.com (but please see the age restrictions in Section 2 above). Generally this content will be available for 30 days from launch on 4oD but will only be available for seven days on channel4.com.
Other free content - where content is made available to you at no cost then the Site may set out details of how long this is available for download and viewing by you. Otherwise, this will be available for as long as it remains on the Site (as decided by Channel 4).
Rentals - any 4oD Content that can be purchased for download and viewing by you on a "rental" basis will be available until the expiry date and time listed when you purchase the 4oD Content ("Expiry Date") and, following any purchase, this will be shown in the My Downloads section. The Expiry Date will generally be 30 days after purchase or at the end of Channel 4’s licence period, whichever comes sooner. Your rental period is 48 hours from when you first start to view the 4oD Content. You can watch the 4oD Content as many times as you like during those 48 hours provided you start watching it at least 48 hours before its Expiry Date; otherwise your rental period will only be valid up until the Expiry Date.
Download to own – where 4oD Content can be purchased to "download to own" you will be able to view this at any time once it has been purchased (but please see the warning below).
Pre-booking – it is possible to "pre-book" 4oD Content. This (whether it is made available on a rental or a download to own basis) will automatically be downloaded into your library as and when it becomes available. Please note that you will not pay for this until you access the 4oD Content (see below). Once you have paid for this 4oD Content the "rental" and "download to own" provisions (see above) will apply as applicable. Please note that not all 4oD Content you "pre-book" will be made available and any 4oD Content that does not become available for whatever reason will not be automatically downloaded and no payment will be taken.
Streaming – where content is made available to you by "streaming" this will be free (unless the Site sets out otherwise). You will only be able to view this as it is streamed and cannot download or save this Content. Please note that not all content available on the Site can be accessed through streaming. Generally this content will be available for 30 days from launch on 4oD but will only be available for seven days through Catch Up on channel4.com Channel 4 may remove or change content available through streaming at any time without notice.
You are responsible for providing all equipment and software necessary for you to download and/or stream and view the 4oD Content and Catch Up on cahnnel4.com. You must ensure your equipment and software is compatible with the 4oD Content by checking the minimum operating requirements (available here). Please note that the quality of any streamed 4oD Content and Catch Up on channel4.com will be affected by connection speeds. Channel 4 will not be responsible to you if your equipment or software is not compatible with the 4oD Content and/or Catch Up on channel4.com.
WARNING – 4oD Content can only be accessed and viewed on the equipment you downloaded it to and may not be transferred to any other person or equipment. If you delete or lose any 4oD Content you have downloaded then you will not be entitled to a further copy of this as Channel 4 does not reissue 4oD Content that has been lost or damaged (by you or other third parties).
4oD uses peer to peer ("P2P") technology. This allows content to be transferred directly from the computers of users of 4oD (rather than through a website or directory). If you download 4oD Content to your computer, during the Licence Period, we may upload this from your computer (using part of your upstream bandwidth) for the purpose of transferring 4oD Content to other users of 4oD. Please contact your Internet Service Provider ("ISP") if you have any queries on this.
4oD Content and Catch Up on channel4.com contains security technology to protect it from being used outside of the Terms. You agree not to attempt to, or assist any other person to, circumvent or remove any security technology. You agree that the information which is used to protect the 4oD Content and Catch Up on channel4.com is stored together with the information concerning your transaction. You agree this information may be used and/or disclosed to third parties if such disclosure appears necessary for the purpose of tracing copyright infringements.
(b) Cancellation and defective downloads for 4oD Content
Once you have paid for 4oD Content, Channel 4 will make it available to you through the Site. You are not able to cancel any transaction after you have confirmed you wish to purchase the 4oD Content and authorised payment when asked to do so on the Site. If you pre-book any 4oD Content then you will not be charged until you access the 4oD Content. Until you do this, you can cancel this 4oD Content and are under no obligation to purchase this.
If you are unable to view any 4oD Content or Catch Up on channel4.com and/or complete the download process(whether this is free or paid for 4oD content), or wish Channel 4 to provide a replacement for defective 4oD content, please go to the Help and FAQ section. Where this is due to Channel 4’s default, Channel 4 will replace content or refund the 4oD content at its discretion. Other than this, 4oD Content and Catch Up on channel4.com may not be returned for any reason.
(c) Payment for 4oD Content
The price payable for 4oD Content is set out on the Site. If, by mistake, Channel 4 has under-priced an item of 4oD Content, Channel 4 will not be liable to supply that 4oD Content to you at the stated price, provided that Channel 4 notifies you before the 4oD Content concerned is downloaded by you. All prices are expressed inclusive of any VAT payable unless otherwise stated.
You can pay by Switch or any Mastercard or Visa credit card. Your card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of order and you will be charged at this time. When you pay by card, 4.5% of the total cost is paid by you to Worldpay for card handling services (and this is included in the price set out on the Site). Channel 4 will send a receipt for payment to the email address you have supplied to Channel 4. You should keep a copy of this for your records. Recent transactions will be available to view in your 4oD account but this will not show details of any free content you have viewed.
If you pre-book any 4oD Content no payments will be taken until you access this for the first time.
Channel 4 accepts orders only from Web browsers that permit communication through Secure Socket Layer (SSL) technology. Further details are in the minimum operating requirements (available here).
Please note that your "ISP" may charge you for the bandwidth you use in using the Service and use of the Service may exceed any limits you have on bandwidth. You will be responsible for this and these costs - please contact your ISP for details.
11. OTHER USER CONTENT, COMPLAINTS AND CONTACTING CHANNEL 4
Although we ask all Members to submit User Content that complies with the Terms, you acknowledge that User Content supplied by other Members may include material you consider offensive or objectionable. Channel 4 assumes no responsibility or liability for User Content and, as the User Content is created by users, it does not necessarily represent the views of Channel 4.
If you become aware of any misuse of the Site or wish to complain about any User Content or 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 notify us using any "complain" links on the Site (you will need to be a Member to do this). This is the quickest way to contact us. Alternatively you can contact us at the address below (see Section 17) or via the Help Form. We will need to know:
* Nature of your complaint and location within the Site of the particular content or Member.
* 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.
Channel 4 may, but is not obliged to, monitor or assist in disputes between Members. You are solely responsible for your interaction with other Members.
12. TERMINATION AND SUSPENSION OF YOUR MEMBERSHIP OR THE SITE
Channel 4 reserves the right to modify, suspend or discontinue the Site or any part of it (including the availability of any features of the Site) at any time and without notice or liability to you. Channel 4 is entitled to suspend or terminate your Membership or access to any part of the Site at any time if you breach the Terms or for technical reasons. You acknowledge that you may no longer be able to replace 4oD Content if Channel 4 discontinues 4oD and you agree that Channel 4 shall have no liability to you in that event. Where commercially practicable, Channel 4 will try to give you reasonable notice of any discontinuation of 4oD.
You may terminate your Membership at any time, for any reason, by following the instructions in your profile or within your account. You will not be able to access 4oD Content (unless you re-register). Even after your Membership 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 via the Help pages with details of any User Content you would like to be removed and we will try to remove this.
13. 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) 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 direct to the channel4.com or e4.com homepage (and not any part of a page) and must not be viewed within the pages of any other site (unless expressly set out otherwise on the 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 any links are removed at any time and you agree to comply with any such request.
14. DISCLAIMER/LIMITATION OF LIABILITY
The Site, User Content and information, images, logos and content relating to the Site, 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, 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 accuracy.
Channel 4 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. However you acknowledge that the Site is provided over the internet and so the quality and availability of the Site 4oD Content and Catch Up on channel4.com may be affected by factors that are outside Channel 4’s reasonable control such as technical faults in your ISP’s and/or telecommunication providers’ network/service. Channel 4 is not 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 Application 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).
Channel 4 makes no guarantees that the Site, 4oD Content or Catch Up on channel4.com will be available, uninterrupted or error free, or that defects will be corrected, or that the 4oD Content and Catch Up on channel4.com the Site or the server that makes it available are free of viruses or bugs. Channel 4 will, however, refund or replace defective content in accordance with Section 10. Except as required by law, Channel 4 will not 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 Channel 4’s reasonable control; (b) your negligence, your breach of the Terms or failure to follow Channel 4’s reasonable instructions; (c) any incompatibility of the Site with any other software or material on your equipment; (d) any unauthorised use of the Site and/or 4oD Content or Catch Up on channel4.com; or (e) any other factor that is outside Channel 4’s reasonable control.
Content, information and other material on the Site may contain inaccuracies and typographical errors. Channel 4 does 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. 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.
Channel 4 cannot accept any responsibility for any damage, loss, injury or disappointment suffered though use of the Site or any Application. In no event will Channel 4 or its 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 4oD Content, Catch Up on channel4.com or participation in any Application. In addition, in no event shall Channel 4 or its licensors or third party affiliates be liable for any unauthorised use of the Site, 4oD Content and Catch Up on channel4.com.
Channel 4’s liability to you in connection with 4oD or 4oD Content will not, in any event, exceed the total price charged for the relevant 4oD Content.
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. This does not affect your statutory rights.
15. CHANNEL 4’S INTELLECTUAL PROPERTY RIGHTS, PRODUCTS AND SOFTWARE
The names, images and logos identifying Channel 4, its 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 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, software or content supplied as part of the Site, other than User Content and Your Data (see Sections 5 and 8) and all 4oD Content and Catch Up on channel4.com, shall remain at all times the property of Channel 4 or Channel 4’s licensors and protected by copyright law.
Any products and services on the Site are subject to availability and are available at the sole discretion of Channel 4. Where applicable, all references to Channel 4 products and services are intended to apply only in the United Kingdom. 4oD and 4oD Content is currently only available in the UK and Republic of Ireland by UK and Republic of Ireland residents. You agree not to use or view or attempt to use or view 4oD or 4oD Content from outside of these territories.
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.
16. 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 and Republic of Ireland. Channel 4 makes 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 or Republic of Ireland, 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.
Channel 4 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 Membership is personal to you.
17. OUR DETAILS
Channel Four Television Corporation and 4 Ventures Limited (Company Registration No. 04106849 and VAT No. 626 4758 17) are incorporated and registered in England and Wales at 124 Horseferry Road, London SW1P 2TX (in conjunction with Worldpay for 4oD). You can contact us at this address or by filling in the Help form. To search our online help site visit www.channel4.com/help and for 4oD only you can email customersupport@channel4.com.
Last updated 12 September 2008 Channel Four Television Corporation/4 Ventures Limited ©2008
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