Please read these terms and conditions carefully as they are the terms of use for this site as provided by the site owner and operator, Channel 4. They also provide information on how your films are licensed for use on Empire's Children so make sure you take a look.
By using and/or visiting the Empire's Children website (as this may be rebranded from time to time and including all content available on the site) ("Site") you agree to these terms and conditions ("Terms") and our privacy policy (which is incorporated into the Terms) ("Privacy Policy"). If you do not agree to the Terms and Privacy Policy, please do not use the Site.
The Site is owned and operated by Channel Four Television Corporation and 4 Ventures Limited ("Channel 4"). Please read the Terms (and the other terms referred to below) carefully as they set out your rights and obligations and the terms on which Channel 4 makes the Site available to you and provides information on how you can submit material (“User Content”) and how this will be used.
IMPORTANT NOTICE
By providing your User Content to Channel 4 you confirm such User Content is (a) your own work and not copied from anyone else and (b) not defamatory, obscene, indecent, harassing or threatening or a breach of confidence or privacy. You must also have the consent of anyone featured in the User Content to provide this to Channel 4 (and if the person is under 18, their guardian or carer).
You will own any User Content provided but by providing your User Content you agree Channel 4 may reproduce it, make derivative works from it and make any part of it or any derivative work available on the Site and/or other internet sites, mobile, television or radio or any other media channel in any media format. Further details are set out below.
1 YOUR OBLIGATIONS AND THE TERMS
If you are seeking to send or upload User Content to the Site or to engage in any activities within the Site other than passively viewing Site content, you must register to use the Site. Once you have registered with the Site, you will be asked to 'ACCEPT' these Terms and 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, 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 take 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 any 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 18 years or over to submit User Content for use in the Programme (s). If you are under 18 years of age you must ask your guardian or carer to register and submit your User Content on your behalf. If we discover or have any reason to suspect that you have not reached 18 years of age then we reserve the right to reject your User Content
Children and young people under 18 are entitled to access the Site to view its content but are not presently able to register and submit User Content.
3 SECURITY
When you register to submit your User Content to the Site, you will be asked to select a password you can then use to access your account and log on to and/or participate in the Site.
You accept it is your sole responsibility to maintain the confidentiality of your password and you are responsible for all activity that occurs under this. You should make sure you are the only person using your password and agree to notify Channel 4 of any unauthorised use of your account details and password and any other breach of security as soon as you become aware of it.
4 HOW WILL CHANNEL 4 USE YOUR MATERIAL?
Channel 4 does not, unless we agree this with you, claim any rights of ownership in any User Content. As such, you retain all ownership rights in your User Content 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 this will be made clear to you 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 the 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 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 from, edit, alter, store, re-format, sell and sub-licence the User Content for such purposes. You hereby waive your moral rights in the User Content and grant Channel 4 any other necessary consents and permissions required to use your User Content as set out in these Terms.
You grant Channel 4 (and any 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 any photographic likeness of you (where these have been provided to Channel 4) and the User Content or copies of your User Content.
You agree Channel 4 has no obligation to keep originals or copies of any User Content or to return this to you.
5 YOU PROMISE…
You agree and confirm that:
A. you are 18 years of age or older;
B. all information and details provided by you to Channel 4 are accurate, true and up to date in all respects at the time you submit your User Content;
C. the User Content is original to you and you are fully entitled to give the same to Channel 4 (this includes you having the consent of anyone featured in the User Content to provide this to Channel 4, and where that person is under 18, the consent of their guardian or carer), nothing in the User Content will infringe the copyright or any other right of any person, breach any contract or duty of confidence, constitute a breach of privacy, 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 Content are true to the best of your knowledge and belief and, insofar as your User Content contains any opinions, these opinions are your own and are genuinely and truly held by you; and
D. 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 your User Content 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 PICTURE RULES & IMPORTANT LEGAL REQUIREMENTS
If you feature anyone else in any pictures submitted, you must have their consent to to submit thepicture to us (and if such person is under 18, the permission of their guardian or carer).
Everything you send to us must be your own work and not copied from anyone else. If you include anyone else's material in any picture or otherwise in any User Content submitted by you, you must have obtained their permission to do so. If you don’t, you will be infringing the copyright in the material.
Do not secretly photograph anyone or infringe anyone's right to privacy.
Do not include anything that is obscene, indecent, harassing, threatening or offensive.
Do not mention any court cases or arrests as this may constitute a contempt of court.
Do not say untrue things about people or companies as this may be defamatory.
Your pictures and any other User Content submitted by you must not promote, show or incite cruelty, violence, vandalism, fraudulent or criminal acts or contain content or images that could encourage others to commit illegal acts or acts that could cause physical harm if replicated.
Your User Content, including anypictures submitted by you may be broadcast on television or otherwise made public, so don't reveal anything personal unless you’re comfortable in doing so. Don't include your personal or work contact details (this includes your last name) or anyone else’s personal details in your User Content (or in anyany of your pictures).
All facts in your pictures and in your User Content generally must be true and any opinions must be your own and genuinely and truly held by you. All information and details you provide to us in relation to your User Content must be accurate, true and up to date.
7 CHANNEL 4’S INTELLECTUAL PROPERTY RIGHTS
The names, images and logos identifying the Programme(s), 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 this Site (including the design, arrangement and look and feel) and all material or content supplied as part of the Site, including the "User Content" (see above) but excluding "Your Data" (see below), shall remain at all times the property of Channel 4 or Channel 4's licensors.
In accessing the Site and using the submission form or sending an email, 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 or permit or assist any third party to do the same.
Any private information and/or data relating to your User Content and as part of the registration process ("Your Data") (for which see our Privacy Policy) e.g. information provided to Channel 4 in relation to your submission of your User Content, that you are asked to supply and as part of the User Content submission process, will only be used by Channel 4's subcontractors, employees, agents and advisors (including legal advisors) as part of the process of administering the submission of your User Content and when making decisions whether any User Content you seek to contribute to 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.
8 USE OF THE SITE
In accessing the Site, you agree to 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 Content) or permit or assist any third party to do the same.
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 Content. Any User 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 Content or other material has been rejected.
Channel 4 may, in appropriate circumstances, and at its sole discretion, remove certain content or disable access to content (including but not limited to any User 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.
9 OTHER USER CONTENT, COMPLAINTS AND CONTACTING CHANNEL 4
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. 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., by material available on the Site please provide Channel 4 with the following information immediately:
* The nature of your complaint, details of the display name of any relevant user 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, email address, display name if relevant and your electronic or physical signature; and
* 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.
Channel 4 can be reached as follows: Channel Four Television Corporation, 124 Horseferry Road, London SW1 2TX or by email at empireschildren@channel4.com.
10 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.
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 Empire's Children or www.channel4.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 links are removed at any time.
11 DISCLAIMER/LIMITATION OF LIABILITY
The Site and the information, names, images, pictures, logos, content and icons relating to the Empire’s Children programmes 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 or the email addresses or otherwise in connection with the submission the User Content by you. 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.
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 AND JURISDICTION
The Terms shall be governed by and construed in accordance with the laws of England. Disputes arising from the Site and submission of the User Content by you for use in 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 and/or the User Content by Channel 4 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.
