MEDIA TRUST'S WEBSITES' TERMS AND CONDITIONS OF USE
These terms and conditions of use apply every time you visit any of Media Trust’s websites (each a “Site”). References to “this Site” and “the Site” contained in these terms and conditions refer to the Site from which these terms and conditions are linked.
You should read these terms and conditions in full because they apply every time you visit the Site. Plus, they are pretty interesting. However, just in case you ever need a reminder of the main points, here’s a quick summary:
• We’re not responsible for anything that you post or say while you are on the Site and we don’t have any obligation to monitor the content of the site, but if we *do* see (or someone alerts us) that you have posted something that we think is in breach of our terms and conditions then we are allowed to remove it.
• If you post any content that actually belongs to someone else and they get annoyed (or even call in their lawyers), we are not in the firing line. You have to take responsibility for what you post.
• Any content that you upload to the Site may be used by us and/or by third parties. This means that you may stumble across your uploaded content on a website other than the Site or even in offline media, particularly if you have hit on a hot news story. Just to be clear, if you upload content to the Site then you are consenting to third parties (and not just us) using it for their own purposes so if you do spot your content on the national news at ten (or one, or two, or three…) then you have consented to this.
THE FULL TERMS AND CONDITIONS
I ABOUT US AND YOUR AGREEMENT WITH US
The following Sites are owned and operated by Media Trust:
(a) www.mediatrust.org; and
(b) www.communitychannel.org and
They are intended to be in formative and inspiring places to visit and it is important to us (and for you) that they remain safe, friendly and fair environments for all users. You therefore agree that you will only use each Site in a manner consistent with its purpose and which is in accordance with these terms and conditions (the "Terms").
The Terms constitute a binding legal agreement between you as user ("you") and Media Trust, its assignees and licensees from time to time ("us" or "we").
Media Trust is a registered charity which operates in England and Wales. Its registered charity number is 1042733 and its centre of operations is 4th Floor, Block A, Centre House, Wood Land, London W12 7SB.
The Terms apply whenever you visit the Site, whether or not you have chosen to register with us, so please read them carefully. By accessing, using, registering for or receiving services offered on the Site you are accepting and agreeing to be bound by the Terms.
We reserve the right to modify, amend or change the Terms at any time (a "Change"). If we do this then the Changes will be posted on this page and we will indicate the effective date of the updates at the bottom of the Terms. In certain circumstances, we may send an email to our registered users notifying them of any Change. You should regularly check this page to take notice of any Changes.
If you do not accept any Change to the Terms, you should stop using the Site immediately. Your continued use of the Site following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms.
IMPORTANT: IF YOU DO NOT ACCEPT AND AGREE TO THE TERMS THEN YOU MUST NOT ACCESS OR USE THE SITE.
II USING THE SITE
Who can post content to the Site?
All users may browse the Site without registering but if you wish to post things on the Site you must (a) be over 18 years old, (b) register with us, and (c) be accepted by us (in our sole discretion) as a "Trusted Member" before you are able to upload any content. To become a Trusted Member, please click on the 'Registration' link on the Site and follow the instructions.
Some of my friends want to upload content to the Site but they have not been accepted as a Trusted Member yet. Can I tell them my password and let them log on as me?
The short answer is no. If you have been approved as a Trusted Member then only you are authorised to access your account on the Site. Of course we want your friends to use the Site too so if they want to post on the Site and are also over 18 years old then they should become a registered user themselves. If you are a Trusted Member and you do let other people access your account then this may result in your status as a Trusted Member being withdrawn. You are responsible for keeping your password secret and secure. If you don't, we are not liable for any unauthorised access to your account. If you suspect that someone has gained access to your account, you must let us know immediately by sending an email to [email protected] which tells us of your suspicions or concerns. You must also immediately change your password. We reserve the right to terminate your account if you violate our rules on keeping your password secure.
III UPLOADING CONTENT
What kind of stuff can I post on the Site? Are there any rules?
What type of content you can post depends on which Site you are on. Full details of what type of content you can post are available on the Site and may include photographs, articles, videos, comments and other content (individually and collectively referred to from now on as "Content"). There are rules about what kind of Content is acceptable though, so when you are using the Site you may NOT post any Content which:
(a) is obscene, pornographic or otherwise may offend human dignity;
(b) is abusive, insulting or threatening, or which promotes or encourages racism, sexism, hatred or bigotry;
(c) incorporates the image or likeness of any individual without their express permission to do so;
(d) encourages any illegal activity including, without limitation, terrorism, or the submission of which in itself constitutes committing a criminal offence;
(e) is defamatory;
(f) relates to commercial activities (including, without limitation, sales, competitions and advertising);
(g) involves the transmission of "junk" mail or "spam";
(h) contains any spy ware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage, limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment;
(i) contains any material designed to wrongly intercept or expropriate any data or personal information whether from the Site itself or otherwise;
(j) infringes any third party's rights (including, without limitation, intellectual property rights and privacy rights);
(k) reports on current legal proceedings as this may constitute contempt of court;
(l) is mean-spirited, uncivil or has been created with the intention of causing trouble or upsetting any third party; or
(m) is in breach of any relevant law or regulation.
Please use your common sense when choosing what Content to post on the Site because you are solely responsible for, and bear all liability in relation to, such Content.
Are there any rules about including personal information, like my email address or other people's details, in Content that I upload?
Any Content that you post on the Site must not display any personal information whether in relation to you or any other person (for example, names, home addresses, telephone numbers or email addresses). If you communicate with other users of the Site other than by posting Content, we would encourage you to use the same discretion when disclosing any personal information to them as you would do offline.
Do I have to provide you with any specific information about any Content that I upload?
From time to time we may require details about the Content that you upload to the Site and/or documentation relating to such Content, for example, all relevant consent forms. You agree that upon receiving a request for such information and documentation, you will promptly provide the same to us.
Who can see the Content that I put on the Site?
When you upload Content to the Site it can be accessed and viewed by the general public, including media organisations, publishers and broadcasters. If you do not want such Content to be viewed or used in accordance with these Terms by others, then you should not upload it to the Site. We reserve the right (without obligation) at our sole discretion and without giving you notice, to remove, edit, limit or block access to any Content that you upload or submit to the Site without any incurring liability to you. We have no obligation to display any Content that you submit to the Site, nor to check the accuracy or truthfulness of any Content submitted to the Site, nor to monitor your use or the use of other users of the Site.
IV OWNERSHIP OF CONTENT
Once I have uploaded Content on the Site, do I still own it?
Yes, provided you are the rightful owner in the first place. By accepting these Terms, you have granted us a non-exclusive licence in relation to using the Content (with the right to sub-licence the same to third parties). The fact that the licence is "non-exclusive" means that you can continue to use the Content that you have created as you like. It also means that you can also license it to other people to use too.
What do you mean by "provided you are the rightful owner in the first place"? I created the Content so that means I own it doesn't it?
If it is entirely your own, original creation, then yes. However, if you have used anyone else's works, such as photographs, video clips, sound recordings or music, in the Content but you have not received the owner's permission to do so, then you will not own all of the rights in the Content.
You may also share ownership of the Content with another person if they have actively contributed to its creation.
We respect your intellectual property rights and the intellectual property rights of others and we need to know that we are properly authorised to use the Content. You therefore represent and warrant that:
(a) the Content is your original creation and you have the right to authorise us to use and distribute the Content in accordance with the licence contained in these Terms (which you can find in the next section);
(b) if you have used or feature anyone else's work, for example, photographs, text, music etc. in the Content, you have obtained and paid (if required) for all relevant authorisations and consents to do so (please see the Important Note at the end of this section);
(c) in addition to any consents that you have obtained for the purpose of fulfilling the warranty given in Paragraph (b) of this section above, you have also obtained all other relevant third party contributor consents and releases in relation to the Content and you will provide us with copies of all consent and release forms if we request them;
(d) no part of the Content infringes the intellectual property or other rights of any third party; and
(e) if you have created the Content in the course of your employment by a third party, you have ensured that you have retained all rights in and to the Content so that you are able to comply with the representation and warranties given in Paragraphs (a) to (d) of this section above.
You agree to notify us immediately of any information or circumstances of which you become aware that would make any of the above representations and warranties inaccurate and/or untrue.
We have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights or of their right to privacy or any other law or relevant regulation.
Important Note about using other people's works: For the sake of clarity, if the Content does include any work which was created, is owned or is otherwise restricted by a third party, you must obtain their consent to use their works in the Content. If you have not obtained their consent, you may be in breach of the representations and warranties given above and will be liable for (which means you will be responsible for paying for) (a) any claims made against us as a result, and (b) all resulting costs and/or damages. If you are in any doubt you should seek independent legal advice or otherwise leave out any works used in the Content which are not your own original creation.
OK, so if I own the Content, do I have to grant you the right to use it on the Site?
You do indeed.
THIS IS THE LICENCE THAT YOU ARE GRANTING TO US IN RELATION TO THE CONTENT YOU UPLOAD TO THE SITE - READ IT, THIS BIT IS REALLY IMPORTANT...
By posting Content on the Site you automatically grant to us a non-exclusive, irrevocable, royalty free, perpetual, worldwide licence to use such Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, distributing and otherwise making available to the general public such Content), whether in whole or in part and in any format or medium currently known or developed in the future (including, without limitation, the Site and any of our affiliate websites or television channels and those of sub-licensed third parties).
We may assign and/or sub-license the above licence to any third party without any further approval by you.
You agree that you waive any and all moral rights relating to that Content (including, without limitation, the right to be identified as the author).
Hang on, back up a bit. You explain what "non-exclusive" means above, but what about "irrevocable" and "royalty free"?
"Irrevocable" means that once you have licensed the rights you can't revoke them in the future, even if you terminate your use of the Site (see section VIII of these Terms) and "royalty free" means that neither we nor any third parties (who may sub-license the rights from us) have to pay you any fees for using the content in accordance with the licence that you have granted to us.
Ok, and what does that bit about assigning and/or sub-licensing rights to third parties mean? Might the Content I upload be used on other websites or even on the television?
Yes, that is a distinct possibility (although we don't promise that your Content will end up on Sky News, but it may!). Our ability to assign and/or sub-license the rights that you have granted to us means that we have the right to authorise third parties to use all or part of the Content that you post on the Site. This may mean that they use all or part of the Content on their own websites or even in other media. They may even adapt it or edit it and the terms of the licence that you have granted to us means that they can do that.
For example, we provide an RSS feed to subscribing third parties so that they can be updated about the Content that has been posted to the Site. One of those third parties may wish to run a story related to the Content and may want to use part or all of the Content that you have posted on the Site as a result. Under these Terms, you have granted us the right to assign and/or sub-license our rights in the Content to that third party, thereby enabling us to grant them the necessary rights so that they can use the Content on their own websites or in other media. If you want to see the terms on which we provide third parties the RSS Feed, they are available on the Site (or you can click this link [insert link] and be taken straight to them).
If you grant a third party the rights to use the Content, will anyone contact me?
We and/or the third party may want to contact you in relation to the Content via your account on the Site. You agree that we (and they) can do so, and that we may pass your user name and details of how to contact you via the Site to all such relevant third parties. However, you acknowledge and agree that neither we nor any third party using the Content is obliged to contact you in relation to such use.
So who does the rest of the Content on the Site belong to then?
Us! All text, graphics, user interfaces, trademarks, logos, sounds and artwork on the Site are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property law rights.
Can I use any of the Content that doesn't belong to me?
Other than in relation to Content submitted by you to the Site, you do not have any rights in relation to the Content on the Site and you agree that you will not use any Content in any manner which may infringe any third party's rights. Without limitation to the foregoing, this means that you agree that you will not copy, modify, adapt, distribute, publish or sell all or any part of the Site or the Content contained on it (other than the Content submitted by you) to anyone else.
V ACCESS TO THE SITE
Do you guarantee that the Site will be up and running at all times?
Unfortunately we can't guarantee that because sometimes we have to carry out maintenance to the site or it may be affected by a fault or circumstances which are outside our control, so the Site is provided on an "as is" basis. No warranty is given about the quality, accuracy, functionality, availability or performance of the Site and we reserve the right to suspend, withdraw, amend, modify or vary the service provided on the Site without notice and without incurring any liability to you.
You are responsible for making all the necessary arrangements to ensure you can access the Site (including, but not limited to Internet and/or mobile service provider fees and, any other charges associated with such access). We shall not be held responsible for any reduced functionality you may encounter as result of or in connection with accessing the Site.
VI TERMINATION OF USE BY US
The Content I have posted on the Site has disappeared and/or I can't log on to my account. What's going on?
Sometimes people forget about the Terms and post Content or act in a way while on the Site which is not acceptable. If we think that you may be one of those people, then we reserve the right at our sole discretion, at any time and without liability or the need to give you prior notice to:
(a) suspend or revoke your registration (where applicable) and/or your right to access and/or use the Site or submit any Content to the Site; and
(b) make use of any operational, technological, legal, or other means available to enforce the Terms (including without limitation blocking specific IP addresses).
We may notify you (but we are not obliged to) if your registration and/or access to the Site is to be or has been suspended or terminated.
VIII TERMINATION OF USE BY YOU
What do I do if I want to "unregister" myself from the Site?
If you have registered on the Site, you can terminate your registration at any time by writing to us at [[email protected]] and asking for your registration to be terminated. Once your registration is terminated, we have the right to delete any related Content that you have submitted or uploaded on to the Site. However, Content that you have uploaded to the Site may still appear on the Site following termination of your registration.
YOU SHOULD NOTE THAT TERMINATION OF YOUR USE OF THE SITE IN ACCORDANCE WITH THE TERMS, WHETHER BY US OR BY YOU, DOES NOT REVOKE THE LICENCE, WARRANTIES OR INDEMNITIES GIVEN BY YOU UNDER THE TERMS, ALL OF WHICH SHALL REMAIN IN FULL FORCE AND EFFECT.
IX ABUSE/COMPLAINTS AND TAKE DOWN POLICY
Someone is not obeying the Terms, who do I tell?
You can report any abuse or complain about Content on the Site by sending an email to [[email protected]] outlining the abuse and/or complaint that you believe violates the Terms (including any belief that your rights in particular Content have been infringed) and containing all of the following information:
(a) your contact details including your email address and a contact number;
(b) full details of the Content that you believe infringes your rights or does not adhere to the Terms;
(c) the URL or other location where you found the relevant Content; and
(d) if you are reporting that you believe that your rights (or those of someone that you represent) have been infringed, proof that you are the rights holder or duly authorised to act on their behalf and a statement clearly warranting the same.
Please note that deliberate misuse of the complaint facility will not be tolerated and if you persist in making malicious or vexatious complaints then we may terminate your registration with us.
Please also note that our offices are manned from 09.00 to 17.00 on business days (so not on weekends or public holidays) so reports will only be received and dealt with during those hours. When they are received though, they will be dealt with as promptly as possible.
What do you do when you have received a report?
We will acknowledge receipt of the report when we receive it. We will then, during the 10 business days following our acknowledgement of receipt, examine the report and take whatever action (if any) that we deem appropriate in accordance with the Terms and applicable laws and regulations.
If the dispute involves rights in the Content then we will contact the party who has posted the relevant Content to notify them of the dispute. Please note that, while we will do our best to facilitate the resolution of disputes over rights where practicable, it is not our responsibility to resolve such disputes. We will encourage both you and the other party to resolve the dispute amicably and to jointly notify us of the outcome of your discussions and how you have agreed the relevant Content will be dealt with. Please note that we will take down the relevant Content from the Site as quickly as practicable during working hours following receipt of a notice involving rights infringement (which provides all of the required details - see above) and the relevant Content will be kept down from the Site until any such rights dispute is resolved.
We are unfortunately not responsible for taking the relevant Content down from Sites that we do not own and operate, so if the relevant Content has been passed on to other Sites via the RSS Feed you will need to contact them directly in relation to your complaint.
Do you have guidelines in place about what you can do with my personal data?
Are the links on the site anything to do with the Site?
Please note that we have no control over the contents of any third party sites or resources, and we accept no responsibility for them, including (but not limited to) the third party site's compliance with any applicable laws or regulations.
XII DISCLAIMER AND LIMITATION OF LIABILITY
We expressly disclaim any and all responsibility and liability for your conduct or the conduct of any other user of the Site, and expressly disclaim any liability for Content uploaded by you or by any other user.
Surely you can't exclude liability for everything?
Nothing in the Terms limits or excludes our liability for:
(a) death or personal injury caused by their proven negligence; or
(b) any liability which cannot be limited or excluded by law.
However, to the fullest extent permitted by law, the Site expressly excludes:
(a) all conditions, representations, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
(b) any liability incurred by you arising from use of the Site and its services or these Terms.
I forgot the rules about conduct on here and the kind of Content I can post and now someone is threatening to sue YOU. What happens now?
If we are sued as a result of your use of the Site, including you posting Content, then we have the right to defend or settle the relevant claim as we see fit. If we ask, you will co-operate fully and reasonably as required by us in the defence of any relevant claim.
You agree to hold harmless and indemnify us and our officers, directors, employees, agents, representatives, assignees, licensees and successors, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable solicitor's fees) suffered or reasonably incurred by us arising as a result of, or in connection with a breach of any warranty given by you pursuant to these Terms and/or your use of the Site, the uploading or submission of Content to the Site by you or your conduct on the Site, other than in accordance with the Terms or any applicable law or regulation ("Claim"). We retain the exclusive right to settle, compromise and pay any and all Claims or causes of action which are brought against us without your prior consent.
In practical terms, what does that mean?
It means that if you breach the Terms and we (or a third party to whom any Content has been licensed) are sued or incur other costs as a result, you have to reimburse us (and/or them) in full. That's why we ask you to ensure that you read these Terms carefully!
I forgot the rules about conduct on here and the kind of Content I can post and now someone is threatening to sue ME. Will your lawyers sort it out?
No, we're afraid not. If you have posted Content or acted in a way that has upset other users then you have to be responsible for the consequences.
Where are those standard clauses that you see at the end of most contracts?
Here you go!
The Site is made available on an "as is", "as available" basis. We do not give or make any warranty or representation of any kind about the information or any Content contained on the Site, whether express or implied.
Use of the Site and the materials available on it is at your sole risk. We cannot be held responsible for any loss arising from the transmission, use of data, or inaccurate Content posted by users. You are responsible for taking all necessary precautions to ensure that any material you may obtain from the Site is free of viruses or other harmful components. You accept that the Site will not be provided uninterrupted or error free, that defects may not be corrected or that the Site, or the server that makes it available, are free of viruses or bugs, spyware, Trojan horses or any similar malicious software. We are not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
If, for any reason, any of the Terms are declared to be illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
The Terms set out the entire agreement and understanding between us and you in relation to your use of the Site and supersedes all previous agreements, representations and arrangements between us (either oral or written).
No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.
Nothing in the Terms shall confer or purport to confer on any other third party, any benefit or the right to enforce any term of the Terms and the Contracts (Rights of Third Parties) Act 1999 shall not apply to the Terms.
The Terms and any dispute or claim arising out of or in connection with it or its subject matter (including non-contractual disputes or claims) shall be are governed by and construed in accordance with English law. In the event there is a discrepancy between this English language version and any translated copies of the Website Terms and Conditions, the English version shall prevail.
The Terms were last updated on: 26 October 2012