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Terms & Conditions

1. ABOUT THE TERMS AND CONDITIONS

This site (the "Site") is owned and operated by Zonemedia Group Limited (registered in England and Wales as Company Number 05182468) and its subsidiaries, (referred to here as "we," "us" or "our") and these terms set out the rules and obligations between us and you (referred to here as "you," "your" or "yourself") while using this Site and we recommend that you read these terms carefully and contact us at terms_conditions@chellozone.com if you have any questions.

This Site is designed and intended only for your personal entertainment, information and communication. We welcome you to browse our Site, but want you to know that your access to, and use of, the Site is strictly subject to: (i) these Terms and Conditions; (ii) the Privacy Policy; (iii) the Community Guide Lines; and (iv) all applicable laws; (collectively the "Terms of Use").

The Terms of Use forms a legally binding agreement between you and us in relation to your use of this Site. By using, accessing, posting or browsing the Site you signify your consent and acceptance, without limitation or qualification, to the Terms of Use. If you do not agree with the Terms of Use, you must exit this Site immediately and refrain from accessing the Site until you are able to agree to the Terms of Use.

The Terms of Use apply to all users of the Site.

You are not entitled to use this Site if you are currently barred from accessing this Site by us or any applicable laws of the country in which you reside or access this Site.

If you are using the site within a company, you represent and warrant that you are authorised to enter into these Terms of Use on behalf of the company and you acknowledge that the rights to use this Site, which are granted to you and the company under these Terms of Use, are expressly conditioned upon acceptance by such authorised personnel of the company. You or the company shall not use any portion of this Site for commercial use. Please note that the Newsroom is subject to additional terms and conditions which may be viewed from the Newsroom login site.

We will have the right, at any time, to modify or add to the Terms of Use, effective immediately by posting on the Site a revised version. If any such change is unacceptable to you, you may discontinue your use of the Site. We suggest you periodically review the Terms of Use to be aware of such revisions. Your use of the Site may also be subject to additional rules or regulations we may post on this Site, including but not limited to events, competitions, Community Guide Lines, Message Board Rules, or different terms and conditions imposed by third party content providers in connection with third party content, products, sites or services accessible through the Site. By continuing to use this Site you will be confirming that you have accepted and agreed to the revised Terms of Use.

You agree to comply with our Community Guide Lines and with any additional terms or requirements posted on the Site relating to: (a) your conduct on the Site; and (b) your User Content (as defined below).

2. LANGUAGE VERSIONS OF THE TERMS OF USE

Any translations of the English language version of the Terms of Use are provided for your convenience only and you agree that the English language versions of the Terms of Use will govern your relationship with us. If there is any conflict or discrepancy between the English language version of the Terms of Use and a translation; then the English language version shall prevail.

3. YOUR PRIVACY AND INFORMATION

We take all matters relating to your information and privacy very seriously. In order to receive newsletters, updates, post User Content (as defined below) or to participate in certain areas of the Site you will be required to register some limited personal information. For further information of how we collect, use and retain your personal information and our ongoing commitment to protect your personal information and privacy, please visit our Privacy Policy.

4. REGISTRATION, ACCOUNTS, PASSWORD & SECURITY

In order to access certain features of the Site you may chose to register with us to create an account. You must be 18 years or over to register on this Site. You agree to provide us with true, accurate, current and complete information about yourself as prompted by the registration form. You should then choose a password and an account name. You are entirely responsible for maintaining the confidentiality of your password.

You are entirely responsible for any and all activities that occur under your account. You agree to: (a) notify us immediately of any unauthorised use of your account or any other breach of security; and (b) exit/log off from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this Section 4.

We reserve the right to limit, suspend or terminate your account with us if you: (a) provide any information that is untrue, inaccurate, not current or complete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete; or (b) use multiple logins for the purpose of disrupting the Site or annoying other users.

5. RESTRICTIONS ON USE OF CONTENT, SITE MARKS & SOFTWARE

The Site contains: (a) content including without limitation,text, images, graphics, audio and/or video files; (b) software including any files and/or images incorporated in or generated by the software, and data accompanying the software ("Software"); and (c) the names, images, trademarks and logos identifying us, our channels, our products or services, our parent, associated and affiliated companies or third parties and their products and services ("Site Marks"); all of which are owned, operated, licensed or controlled by us and/or by our parent, associated and affiliated companies (individually and collectively the "Content(s)"). All Content is protected by copyright, trade marks, design rights, patents and other proprietary rights, including intellectual property rights (registered and unregistered).

Nothing in the Terms of Use shall be construed as conferring any transfer of ownership and/or proprietary rights, including intellectual property rights, in any and/or all Content on the Site from us to you. All rights in the Content on the Site (including the design, arrangement and look and feel of the Site) whether owned or licensed by us shall remain vested in us or the licensor (which may include other users) of the Content, as the case may be, without exception or limitation.

Where Content is expressly designated as 'downloadable', you may download one copy of that Content on any single computer to be used only for your personal, non-commercial, private use, provided you keep intact any and all copyright and other proprietary notices ("Downloadable Content"). Downloadable Content is licensed to you by us on a non-exclusive basis only for the purposes for which it is indicated and/or intended. We do not transfer title or ownership to the Downloadable Content to you. You own the medium on which the Downloadable Content is recorded, but we retain full and complete title and ownership to the Downloadable Content and all proprietary rights, including intellectual property rights associated with the Downloadable Content.

All Content or Downloadable Content shall not be copied, sold, reproduced, republished, uploaded, downloaded, posted, transmitted, or distributed in any way or decompiled, reverse- engineered or disassembled in any way without our express prior written consent.

Except as may be expressly stated by us to the contrary, any modification or use of the Content or Downloadable Content for any other purpose than set out in the Terms of Use is strictly prohibited and is a violation of our (and in some instances a third party's) copyright, trademark and/or other proprietary and intellectual property rights. The use of any such Content or Downloadable Content on any other web site or networked computer environment is strictly prohibited without our express written consent.

6. AGE OF CONSENT AND USE OF THE SITE BY MINORS

Protecting the online privacy of children is especially important to us. Except where the Site provides otherwise, children and young people under 18 years are entitled to access the Site and view or download certain Software and Content but we do not permit them to register an account, access certain content without the permission of an adult, or actively participate e.g. upload User Content (as defined below).

By registering with us or providing us with any of your personal information, you are representing and warranting that you are 18 years or older and that you agree to our Terms of Use. If you are under 18 years old please do not attempt to register on this Site, and do not provide us with your name, contact details, or any other information about yourself.

We reserve the right to ask for proof of age or eligibility. If we discover or suspect that you do not comply with the age requirements we reserve the right to: (a) suspend or terminate your account or access to the Site immediately and without notice; and/or (b) disqualify you from any future use of the Site; and/or (c) remove your personal information from the Site and our records.

Some Content on our Site may be unsuitable for children or young people. Upon agreeing to the Terms of Use you, parents and/or guardians accept full responsibility for reviewing any and all viewer guidance information which may accompany certain 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 it is suitable for them.

For further information relating to child safety on the Internet and this Site please see our Community Guide Lines.

7. USER CONTENT SUBMITTED TO THE SITE

As an account holder on the Site you may submit text, images, graphics, audio and/or video content ("User Content"). You acknowledge that by uploading User Content on the Site it becomes information in the public domain and may be accessed by any person using the Internet in any part of the world and may be found through the use of independent search engines. You acknowledge all User Content submitted to our Site is done entirely at your own risk and that it will not be protected by us. Please note that for the purposes of this section your personal information does not constitute User Content and we will collect and retain all of your personal information on a secured server. For more information regarding your personal information please see our Privacy Policy.

You retain all of your ownership rights including intellectual property rights in your User Content. You are required to grant us a limited licence of your rights in the User Content as described in Section 8 below.

You understand and agree that you are solely responsible for your own User Content and the consequences of posting or publishing them. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Content.

You represent and warrant that: (a) you have (and will continue to have during your use of the Site) all necessary licenses, rights, consents, and permissions which are required to enable us to host and display your User Content on the Site; (b) the User Content you upload and post is original to you and does not infringe any proprietary right, including intellectual property rights, or any other rights (including rights arising in contract(s), confidence, privacy or rights of publicity) of any other person or entity; (c) the User Content you upload and post is free of any harmful software (including but not limited to malware, viruses, trojan horses, worms etc.) which could impair, disrupt or otherwise disable the Site; (d) all individuals featured in any audio/visual User Content you are uploading or posting are all over 18 years of age; and (e) nothing in your User Content constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, provincial, national or foreign law.

You will not upload or post any User Content which is unlawful for you to possess or which it would be unlawful for us to use on the Site. We reserve the right at all times to disclose any information arising out of, or relating to User Content, including without limitation as necessary to satisfy any law, investigation, regulation or governmental request, and further reserve the right to edit, refuse to post or to remove any User Content, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms of Use. We reserve the right to alert law enforcement agencies or rights holders with respect to any illegal or immoral User Content submitted to us.

You agree that by posting User Content, you are warranting to us that you have the relevant licence, permissions and/or authority to do so. If at any point you no longer have that licence, permission and/or authority, you will remove the User Content from our Site immediately.

Where User Content is to be used in a different way (e.g. we are asking to own your User Content) this will be made clear on the Site and you will then be able to choose whether to provide your User Content on that basis.

We may monitor User Content from time to time but we are under no obligation to monitor or otherwise police User Content. We reserve the right to determine at our sole discretion if User Content complies with our Terms of Use. We may remove any offending User Content and/or terminate or suspend your access to the Site for uploading any User Content which is in violation of our Terms of Use at any time, without prior notice and at our sole discretion. We shall bear no liability in respect of any loss or damage suffered as a result of any of these actions taken by us.

We have no obligation to: (a) keep originals or copies of any User Content; or (b) to return any User Content to you; or (c) remove User Content from the Site on termination of your account with us.

8. RIGHTS YOU LICENSE TO US

When you upload or post User Content on the Site you grant: (a) to us a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, transferable licence to use, reproduce, edit, alter, store, re-format, sell, sub-licence, distribute/broadcast (by any means now or hereafter developed), make derivative works or podcasts, display, and perform that User Content in connection with the Site or in public, any of our TV channels, mobile technologies and otherwise in connection with our business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels; and (b) to each user of the Site, a worldwide, non-exclusive, royalty-free, licence to access your User Content through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content to the extent permitted by the functionality of the Site and under these Terms of Use.

All rights, including intellectual property rights, in your User Content will remain with you and the license granted by you above is not exclusive, so you can continue to use the User Content in any way you see fit including allowing others to use it.

The above licenses granted by you terminates when you remove or delete any audio/video User Content from the Site. The above licenses granted by you in any textual components of your User Content are perpetual and irrevocable, but are otherwise without prejudice to your ownerships rights.

9. OTHER USER CONTENT & COMPLAINTS PROCESS

Although we ask all users to submit User Content that complies with the Terms of Use, you acknowledge that in using the Site you may be exposed to User Content that may be factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby waive, any legal or equitable rights or remedies you have or may have against us with respect to any such offending User Content. We assume no responsibility or liability for any User Content and, as the User Content is created by users, it does not necessarily represent our views.

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 or you have been defamed etc.) you can notify us at complaints@chellozone.com. This is the quickest way to contact us. Alternatively you can contact us at the listed address below in Section 19.

10. LINKS TO THIRD PARTY SITES

Our Site may contain links or references to websites, resources, advertisements or sponsorships maintained by others, including but not limited to any site owned or operated by Freecaster.tv, Extreme Networks Limited or Extreme Group Limited, or any of its parent, associated or affiliated companies or undertakings ("Third Party Site(s)"). By accessing any Third Party Sites, you will be leaving our Site and no longer subject to our Terms of Use.

We have not reviewed all of the Third Party Sites and are not responsible for: (a) the contents of or any advertising, products or services offered on Third Party Sites; or (b) any dealings or disputes that you may have in relation to Third Party Sites.

We do not endorse or recommend any Third Party Site.

We are not liable for any loss or damage which may be suffered as a result of the use of links and Third Party Sites. We recommend that you review the terms and conditions and privacy policy on any Third Party Site you may access. We reserve the right to remove a link to Third Party Sites at any time without notification.

11. PURCHASING PRODUCTS FROM THIRD PARTY SITES

You may be able to purchase products and/or services from Third Party Sites. All such sales shall be governed by such third parties and we shall not be responsible or accept liability for such sale or any part thereof. Should your have any complaints, problems or wish to leave feedback on any product or service purchased from a third party site, you must contact the relevant third party directly.

12. THIRD PARTY APPLICATION PROGRAMME INTERFACE ("APIs")

We allow account holders to use APIs like the Facebook Connect function. Please note that the third party APIs interact with a Third Party Site and by using such APIs you are subject to third party terms and conditions and privacy polices. You may be able to use a third party API to login and log off onto our Site and/or use the third party account to post User Content and interact with our Site. Please note that the third party may also be able to use and access information or User Content you post on our Site via that third party's API. We recommend you read the terms and conditions and privacy policy of each third party site operating APIs that you may use in connection with our Site.

13. POP UPS

You may occasionally receive pop-ups when using our Site. Pop-up boxes from us will be clearly marked. You might also receive pop-up boxes from other companies. You may also receive pop-up ads from third parties. Pop ups may appear due to: (a) sponsorship or marketing initiatives that we may be running; or (b) software you have installed, deliberately or unknowingly, on your computer. We do not endorse any third party website, product or service which may appear in any pop-ups which do not come from us directly.

14. MESSAGE BOARDS

The Site may include message boards and chat rooms that allow feedback to us and real-time interaction between other users. We do not control the messages, information or files delivered to Message Boards, unless specified otherwise. Use of message boards is entirely at your own risk. However, we reserve the right at all times to disclose any information arising out of or relating to transmissions through message boards, including without limitation as necessary to satisfy any law, investigation, regulation or governmental request, and further reserve the right to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms of Use.

Message board communications will be in the public domain and are not confidential. It is a condition of your use of the message boards that you comply with our Community Guide Lines.

15. ACCESSIBILITY

If you are experiencing difficulties accessing links, Content or User Content on our Site, or have trouble using our Site with certain web browsers or software, or if you want to let us know how we can improve Site accessibility, please let us know. We appreciate any suggestions that will help us to improve our Site.

16. COMPETITIONS

Competitions and promotional campaigns may be run on the Site from time to time. Each competition and promotional campaign shall be subject to separate terms and conditions which shall form part of these Terms of Use. Any competition or promotional campaigns operated by Third Party Sites will not form part of these Terms of Use and will be subject to third party terms and conditions which will be outside our control.

17. TERMINATION AND SUSPENSION

This agreement is effective until terminated by us or you.

You may terminate your relationship with us at any time without notice from you in your sole discretion, for any reason, by: (a) removing or deleting all User Content you have submitted to us (other that text and comments); (b) deactivating your account; and (c) not accessing the Site again in future. Any User content you omit to remove or delete from the Site shall remain subject to our Terms of Use. Unless we have terminated your account for a breach of our Terms of Use, you may rejoin the Site after termination at any time, if you chose.

We may terminate or suspend our relationship with you at any time at our sole discretion without prior notice or liability to you if: (a) you fail to comply with any term or provision of our Terms of Use; (b) we are required to do so by law; or (c) we modify, suspend or discontinue the Site or any part of it (including the availability of any features or pages on the Site).

18. DISCLAIMER, LIMITATION OF LIABILITY & INDEMNITY

The Site, Content, User Content, information, images, logos, Software, Site Logos, text, graphics and products and services offered by us, our parent, associated and affiliated companies or undertakings, are provided 'AS IS' and on an 'AS AVAILABLE' basis without any representation, endorsement or warranty of any kind whatsoever, including but not limited to implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and/or accuracy.

You acknowledge that the Site is provided over the Internet and so the quality and availability of the Site and interactive portions of the Site may be affected by factors that are outside our reasonable control. We make no guarantees that the Site will be available, uninterrupted or error free, or that defects will be corrected, or that the Site or the server that makes it available are free of malware, bugs and/or viruses.

Except as required by law, we or our parent, associated and affiliated companies or undertakings will not be responsible or liable for any loss or damage caused by: (a) interruption or delay to the Site or errors, viruses, malware or bugs contained on the Site; (b) your negligence, your breach of the Terms of Use or your failure to follow our reasonable instructions provided by us; (c) any incompatibility of the Site with any other software or material on your equipment; (d) any unauthorised or unlawful use of the Site; (e) any use, software, content or service on any Third Party Site; (f) any damage, loss or corruption of any User Content, data, information or material; (g) any problems or technical malfunction of any ISP, telephone network or lines, computer online systems, servers, computer equipment and/or software; (h) any monetary loss or for any indirect, special, incidental, consequential or other economic damages or loss, arising out of or in connection with the use of the Site; or (i) any other factor that is outside our reasonable control or any combination thereof. These exclusions do not apply to death or personal injury caused by our negligence and only apply to the extent permitted by law. This does not affect any of your statutory rights.

You agree to indemnify, defend, secure and hold harmless and keep us, our subsidiaries, licensors and affiliates and their respective directors, officers, agents, employees and representatives the same from and against all costs (including reasonable legal costs), claims, loss, damage or proceedings incurred by or arising to us by reason of: (a) your breach of the provisions of this Agreement, including any of the promises, obligations, warranties and representations made by you contained in these Terms of Use; or (b) any infringement of the proprietary rights, including intellectual property rights, or any other rights (including rights arising in contract(s), confidence, privacy or rights of publicity) of any other person or entity or any other third party claims, losses, damages or proceedings arising out of our use of any of your User Content on the Site.

19. GOVERNING LAW AND DISPUTES

If a dispute arises between you and us, we strongly encourage you to first contact us directly to seek a resolution by contacting us at complaints@chellozone.com. We will consider reasonable requests to resolve the dispute. Any claim, dispute or matter arising under or in connection with the Site or these Terms of Use shall be governed and construed in all respects by the laws of England and Wales. You and us both agree to submit to the non-exclusive jurisdiction of the English Courts.

In simple terms, "non-exclusive jurisdiction of the English courts" means that if you were able to bring a claim arising from or in connection with the Site or these Terms of Use against us in Court, an acceptable court would be a court located in England, but you may also elect to bring a claim in the court of another country instead if permitted. You agree that English law will apply in all cases where permitted.

20. MISCELLANEOUS

If any term or provision contained in these Terms of Use are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any jurisdiction in which these terms and provisions are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms of Use and the remaining terms and provisions shall survive and continue to be binding and enforceable.

The failure or delay by us to exercise or enforce any right in these Terms of Use does not waive our right to enforce that right.

The Terms of Use and any additional terms which may relate to competitions, promotions etc. constitute the whole legal agreement between you and us and govern your use of the Site and completely replace any prior agreements between you and us in relation to this Site and any other terms of use that may have been in force prior to this.

You acknowledge and agree that each member of our group of companies including our parent, associated and affiliated companies or undertakings of which we are a part shall be third party beneficiaries to the Terms of Use and those companies or undertakings shall be entitled to directly enforce, and rely upon, any provision of the Terms of Use which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be a third party beneficiary of the Terms of Use.

21. OUR CONTACT DETAILS

Zonemedia Group Limited (registered in England and Wales as Company Number 05182468) has registered offices located at 105-109 Salusbury Road, London, England NW6 6RG. You can contact us at this address or at terms_conditions@chellozone.com. For a full list of the Zonemedia Group of companies, please visit our legal section.

 

 

 

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