Orange "Your Vids" Service Terms and Conditions
These are the terms and conditions which apply to your participation in the Orange "Your Vids" Service, including the Materials and any accompanying material you submit to Orange ("Materials"). You must include your contact details in any submission.
Read these terms and conditions carefully. They contain important information regarding how you may use "Your Vids" and how Orange may use your Materials.
By submitting your Materials to Orange and by using the Your Vids Service you agree to these terms and conditions. If you do not agree please do not submit Materials to Orange. You also agree to be bound by Orange's terms and conditions for the use of Orange TV, Orange's Download/Access Terms and Conditions and Orange's Terms and Conditions for the Supply of Orange Network Services (located at http://www.orange.co.uk/mobileterms), Orange's broadband Terms and Conditions and Privacy Policy as applicable. In the event of conflict the Your Vids terms and conditions shall take precedence.
By submitting your Materials to Orange you confirm that you are 18 years or over and a UK resident. Orange may verify your eligibility.
1. Material Submissions
1.1 You are entirely responsible for Materials submitted by you. You agree and confirm that you will abide by the following in relation to any Materials you submit:
a. Before you feature anyone else in your Materials, you must have obtained their consent to film them and to submit the Materials to Orange.
b. Everything you submit must be your own original work and not copied from anyone else's. By submitting your Materials you agree and confirm that your Material does not infringe the copyright or any other rights of any third party. If you include anyone else's material in your Materials, you must have obtained their permission to do so. If you don't, you will be infringing the copyright in the material. This includes material downloaded or copied from a website. Musical compositions (such as lyrics, composition and arrangement) must be your own work or cleared by the appropriate rights holder(s).
c. Do not include anything that is pornographic, obscene, indecent, harassing, threatening or offensive.
d. Do not mention any court cases or arrests - this could constitute contempt of court.
e. Do not include anything about any living person or business which is defamatory, libellous or slanderous
f. Do not include anything which is obscene, racist, abusive, malicious or derogatory (toward an individual or business entity).
g. Do not film anything confidential, covertly film anyone or infringe anyone's right to privacy.
h. Nothing in your Materials should promote, show or encourage cruelty, violence, vandalism, fraudulent or criminal acts.
i. Do not include images of anything which could cause physical harm to anyone if replicated.
j. Don't include personal contact details (including where you work or live) or anyone else's personal contact details in your Materials.
k. Materials must not feature predominantly or solely a trademark or logo.
l. Nothing in the Materials must be offensive or derogatory to any person or group based on their race, ethnicity, skin colour, sexual orientation, gender, or religion.
m. Materials must not be submitted for advertising, promotional, lobbying or other commercial purposes.
n. No Materials should feature celebrities or public figures unless you have their permission or if you are the celebrity or public figure in the Materials.
o. No Materials should bring Orange into disrepute.
p. No nudity, sexual activity or foul language may be included in any Materials.
q. You must have obtained all consents and licences necessary for you to submit the clip and for it to be used on Your Vids.
r. If any under 16s are shown in the Materials, the written consent of their parent or guardian must be obtained.
s. Materials must not contain viruses, Trojans or other harmful elements.
t. Participation in the Material is at your own risk.
u. No sums are payable to any person whatsoever with respect to the grant of rights at condition 3 save as specified in that clause.
v. You may be held legally accountable for your submission if you are in breach of the items listed above.
1.2 Your Materials are submitted to Orange for consideration for inclusion in the Your Vids Service and shall be displayed to and accessible by Orange users.
1.3 Your Materials may be created in any digital format. It must be submitted to Orange via one of the routes detailed here. Orange accepts no responsibility for loss or damage or delay of Materials during the upload process. You may submit any number of Materials, provided they are not duplicates.
1.4 Each video submitted should be no more than five minutes in length.
1.5 Your Materials is made at your own expense and Orange shall not be liable to reimburse any expenses incurred in making a submission. Orange will not return any Materials.
1.6 Orange shall be under no obligation to include your Materials in the Your Vids Service.
1.7 Orange or its third party contractors may review the Materials you submit to it but do not undertake to do so. Orange may reject or accept your Materials for any reason in its absolute discretion. If your Materials contains what appears to be illegal conduct, Orange may notify law enforcement authorities.
1.8 The decision made by Orange is final and no correspondence will be entered into.
2. Rights to use your Materials
2.1 You irrevocably and unconditionally grant to Orange (and those authorised by it) all necessary rights and consents for the full period of copyright to use any Materials you submit, for any purposes connected with the Your Vids Service including without limitation the ability for Orange to digitize, encode, publish and transmit the Materials across its mobile network and broadband network and on web and wap sites owned or controlled by it or by any third party technical provider in respect of Your Vids and otherwise in any way in any media (including promotional material, associated services, and any other ancillary use) and in any part of the world through any medium now known or hereinafter invented. Such right to use is royalty-free and no payment is, or shall be, due to you.
2.2 You grant to Orange the non-exclusive right to syndicate to third party websites or services.
2.3 You permit Orange or its third party agents to edit or change the Materials in any way that it deems necessary in its sole discretion for the purpose of the Your Vids Service.
2.4 You irrevocably and unconditionally waive any so-called "moral rights" or "performers' rights" in the Materials (as set out in the Copyright, Designs and Patents Act 1988 or otherwise) that you now have or may acquire in relation to the Materials.
2.5 Any material created by or on behalf of Orange utilizing your Materials or any component therein shall is and shall remain the property of Orange, but for clarity you retain ownership of your Materials.
3. Limitation of Liability and Indemnity
3.1 Orange does not endorse any Materials or any opinion, recommendation or advice contained therein and Orange disclaims any liability in connection with Materials.
3.2 Orange accepts no liability for any misuse of intellectual property rights.
3.3 You agree to indemnify Orange from and against all claims, damages, expenses, costs and liabilities (including legal fees) arising from your breach of these rules or by your violation of any law or the rights of any third party.
3.4 The Your Vids Service is made available in the UK. Should you access the Service from a jurisdiction other than the UK, Orange makes no representations that the Your Vids Service is appropriate or legal.
4. Your Password
You must not under any circumstances allow any other person to access Your Vids using your Your Vids password. In the event that your password is learned by another person you must immediately reset it. You are responsible for all actions (including misuse or breach of these rules) that take place as a result of use of Your Vids by means of your password. In the event of a breach of these rules by anyone whom you allow to use your password the breach will be treated as a breach by you.
5. Publicity
You grant Orange the right to issue publicity concerning your Materials and to use for such purposes your name and other details providing during registration or Materials submission. You agree to participate in publicity as reasonably requested during the Your Vids Service.
6. Intellectual Property Rights related to Orange and Your Vids
The names, images and logos identifying Orange or third parties and their products and services are proprietary marks of Orange, its associated companies and/or third parties. All copyright, trade marks and other intellectual property rights in Your Vids (including the design, arrangement and look and feel) and all material or content supplied as part of the campaign (apart from your and other users' Materials) shall remain at all times the property of Orange or its licensors.
7. To Make a Complaint
If you believe any Materials has infringed or violated your rights, including by defaming you or infringing your copyright, please provide Orange with the following information immediately:
Your name, email address, physical address, contact telephone number
Details of your complaint, with a description and title of the Materials in question
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 Material's use of the work is not authorised by the copyright owner, its agent, or the law
A statement by you that the above information is accurate. In the case of a copyright allegation, confirm that you are the owner, or an authorised representative of the owner, of the copyright interest involved or; and
Your signature (written or electronic)
Complaint Contact Details:
Email us at complaints@your-vids.co.uk to report potential misuse or make a Complaint or write to Your Vids Complaints, IMP Media Ltd, Priory Park, The Great North Road, Aberford, Leeds, LS25 3DF
Orange shall use its best endeavours to promptly remove Materials reported to it and which in its judgement are in breach of these rules but cannot guarantee to do so.
8. Limitation of Liability
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL ORANGE OR ITS THIRD PARTY CONTRACTORS BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING IN ANY WAY TO THE YOUR VIDS SERVICE, THE USE OR THE INABILITY TO USE THE SERVICE, UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE MATERIALS AVAILABLE ON OR THROUGH THE SITE, EVEN IF ANY OF THESE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES. NOTHING IN THESE TERMS OF USE AFFECTS THE STATUTORY RIGHTS OF ANY YOUR VIDS USER UNDER APPLICABLE LAWS OR EXCLUDES OR LIMITS ORANGE'S OR ITS THIRD PARTY CONTRACTORS' LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM THEIR NEGLIGENCE OR FRAUD, OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
9. General
9.1 If any provision of these terms and conditions is held invalid by any law, rule, order or regulation of any government, or by the final determination of any court of a competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions not held to be invalid. 9.2 Our terms and conditions shall be governed by and construed in accordance with English Law. Both you and Orange hereby submit to the exclusive jurisdiction of the English courts. 9.3 Orange reserves the right to review and revise these rules from time to time without giving you prior notice. By using/accessing the Your Vids Service subsequent to any revision of these rules, you agree to be bound by such changes. 9.4 References to Orange in these rules are to Orange Personal Communications Services Limited, St James Court, Great Park Road, Almondsbury Park, Bradley Stoke, Bristol BS32 4QJ.
