WEBSITE AND SERVICES - USER TERMS & CONDITIONS
By registering with, using or visiting the "Site" (this term covers the web applications Alter Ego and Dictum and associated web pages), 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 Neon Tribe ("we", "us" and " Neontribe") under commission from Channel Four Television Corporation and 4 Ventures Limited. 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 and Neontribe 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 and Neontribe 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.
By providing content you agree Channel 4 and Neontribe 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.
IF WE DISCOVER OR HAVE ANY REASON TO SUSPECT YOU HAVE BREACHED THE TERMS WE RESERVE THE RIGHT TO SUSPEND OR TERMINATE YOUR use of the applications 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 or, you must install the applications. As part of this you will be deemed to have consented to and will be bound by the Terms.
Visitors to the Site just wishing to view content (other than streamed content) do not need to install the applications. 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 and Neontribe 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 AND OTHER REQUIREMENTS
Channel 4 does not take any responsibility for verification of the age of application users, or for customised versions of the applications published by application users on other sites ("User Content"). The required age of users of the applications on other sites is governed by the policies and procedures of those sites. Any such User Content may be unsuitable for young children. Where you allow children or young people to view User Content, you are responsible for making sure that this is suitable for them.
We reserve the right for 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 use of the applications immediately and without notice and/or disqualify you from any Application process.
3. YOUR PASSWORD AND SECURITY
You access the application instance associated with your profile using your account name and password for the site holding that profile.
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. Neontribe is unable to check the identity of people using the applications, or posting content to public areas associated with rhe applications and will not be liable where your password is used by someone else. You should make sure you are the only person using your password and you agree to notify the site holding your application of any unauthorised use of your password and any other breach of security as soon as you become aware of it.
If you use any functionality this site 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. HOW WILL Channel 4 and Neontribe USE YOUR MATERIAL?
Channel 4 and Neontribe do 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 and Neontribe 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 acquired 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 Neontribe) and your User Content.
Channel 4 and Neontribe does not guarantee to use or otherwise make available User Content. Any User Content may be rejected by Channel 4 and Neontribe 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 Neontribe will not enter into any discussions or correspondence about why User Content has been rejected.
Channel 4 and Neontribe 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 and Neontribe editing such reviews to ensure compliance with the Terms.
Channel 4 and Neontribe 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 use of the applications or at the end of any Application or otherwise.
5. YOU PROMISE:
You agree and confirm that:
- if installing any application, you are 13 or over;
- all information provided by you to Neontribe is accurate, true and up to date in all respects and at all times, all facts and statements 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;
- 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 and Neontribe (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;
- 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
- 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 and Neontribe from and against all claims, damages, expenses, costs and liabilities (including legal fees) relating to or arising from your use and/or use of the applications 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.
6. OTHER SITE TERMS
Some parts of the Site may have specific terms of use (e.g. competitions, ). 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.
7. 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 Neontribe 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 use of the applications or Application; (ii) in making decisions about whether User Content you seek to upload onto the Site should be accepted, rejected or used; (iii) to measure the success of the project and/or (iv) as set out on the Site or the Terms. In addition, Neontribe 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 and Neontribe reserves the right to use your details, photographs and audio and/or visual recordings in any publicity (including as set out in Section 5).
Any Data supplied by you as part of your User Content will, unless we tell you otherwise, be able to be seen by other users of those sites, so make sure you only provide information you are happy to be seen in this way. You may be able to control some of the information other users see using your "profile" page where available.
Except as set out above (or where we agree otherwise with you e.g. in relation to contacting you for marketing, publication of your data, or for other purposes), 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 installing the applications and/or using the Site you are agreeing to Your Data being used as set out above.
8. USE OF THE SITE
In accessing the Site, you agree to do so only for your own personal, non-commercial use and in accordance with the Terms. Unless otherwise stated (including in these Terms or on the Site), 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. Any use other than in accordance with these Terms is prohibited and will constitute a copyright infringement.
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 may be made available with advertising or sponsorship. Your obligations in relation to this are the same as the content to which theseadverts or sponsorship relate.
9. OTHER CONTENT, COMPLAINTS AND CONTACTING CHANNEL 4
Although we ask all application 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 and Neontribe 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 and Neontribe.
If you become aware of any misuse of the Site or wish to complain about any User Content or believe any of your rights have been violated e.g. your copyright infringed, you have been defamed etc., you can notify us by electronic mail to complaints@phantasmagoria.org.uk or by using the process on the web platform where the application instance is hosted.
- Nature of your complaint and location within the Site of the particular content or application user.
- 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. You are solely responsible for your interaction with other application users.
10. TERMINATION AND SUSPENSION OF YOUR use of the applications OR THE SITE
Channel 4 and Neontribe 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. Neontribe is entitled to suspend or terminate your use of the applications or access to any part of the Site at any time if you breach the Terms or for technical reasons.
You may terminate your use of the applications at any time, for any reason, by following the instructions in your profile or within your account on the relevant site. Even after your use of the applications is terminated (for whatever reason) the Terms will remain in full force and effect. Your User Content may remain on the Site please contact us via e-mail to contact@phantasmagoria.org.uk with details of any User Content you would like to be removed and we will try to remove this.
11. THIRD PARTY SITES/LINKS
Neontribe 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. Neontribe 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.
Links to the Site must be direct to the web application 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). Neontribe 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 Neontribe 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 and Neontribe or any of its affiliates or subsidiaries. Channel 4 and Neontribe reserves the right to request that any links are removed at any time and you agree to comply with any such request.
12. DISCLAIMER/LIMITATION OF LIABILITY
The Site, 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.
Neontribe 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 may be affected by factors that are outside Neontribe's reasonable control such as technical faults in your ISP's and/or telecommunication providers' network/service. Neontribe 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).
Neontribe makes 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 viruses or bugs. Except as required by law, Neontribe 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 Neontribe's reasonable control; (b) your negligence, your breach of the Terms or failure to follow Neontribe '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; or (e) any other factor that is outside Neontribe 's reasonable control.
Content, information and other material on the Site may contain inaccuracies and typographical errors. Neontribe 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. Neontribe 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.
Neontribe 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 and Neontribe 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 participation in any Application. In addition, in no event shall Channel4 and Neontribe or its licensors or third party affiliates be liable for any unauthorised use of the Site.
These exclusions do not apply to death or personal injury caused by Channel 4's and Neontribe's negligence and only apply to the extent permitted by law. This does not affect your statutory rights.
13. Neontribe's INTELLECTUAL PROPERTY RIGHTS, PRODUCTS AND SOFTWARE
The names, images and logos identifying Channel 4 and Neontribe, 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 and Neontribe, 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), shall remain at all times the property of Channel 4 and Neontribe 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 Neontribe and Channel 4. Where applicable, all references to Channel 4 products and services are intended to apply only in the United Kingdom.
From time to time certain software which is the protected work of Channel 4 and Neontribe 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.
14. LAW AND JURISDICTION
The Terms shall be governed by and construed in accordance with the laws of England. Any disputes arising from the Site or Terms will be decided only by the English courts.
The Site is only intended to be accessed from the United Kingdom and Republic of Ireland. Channel 4 and Neontribe make no representation that materials on the Site are appropriate or available for use at other locations and access to them from territories where their contents are illegal is strictly prohibited. If you access the Site outside of the United Kingdom 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 use of the applications is personal to you.
17. OUR DETAILS ( Neontribe and Channel 4)
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. You can contact us at this address or by filling in the Help form.
Neon Tribe ltd Registered as a limited company in England & Wales (Business registration: 06165574 and VAT registration: 926 6570 01) Registered office: 106 Lincoln Street Norwich NR2 3LB You can contact us at this address of by email at info@neontribe.co.uk
Last updated 19 November 2008 Channel Four Television Corporation/4 Ventures Limited ©2007
