12:28PM, Thu Feb 9, 2012

Terms and Conditions

TERMS OF USE FOR SKY TYNE AND WEAR - YOUR PHOTOS AND VIDEOS

USAGE POLICY

The Sky Tyne and Wear Your Photos and Videos Usage Policy will apply to you and those who you allow to use the Service. The Terms of Use can be found below this Usage Policy.

When you upload a Photo or Video to Sky Tyne and Wear you retain ownership of your Photo or Video, but you grant a licence to Sky to use it in the ways set out in this the Terms of Use below.

If you have any queries about the Sky Tyne and Wear Your Photos and Videos Usage Policy, you can contact us by emailing tyneandwear@sky.com.

1. You agree that you will not submit Photos or Videos or any other material to the Service which:

1.1 is in breach or promotes the breach of any third party rights including third party intellectual property rights (includes but not limited to trade marks, moving and still images, music, artwork, text, fonts or material owned by someone else);

1.2 is defamatory, offensive or libellous;

1.3 promotes racism, bigotry, hatred or harm of any kind against any group or individual or would subject any person to ridicule or cause other people to shun or avoid such an individual;

1.4 harasses or advocates the harassment of another person or persons;

1.5 promotes conduct that is abusive, threatening, obscene or distasteful;

1.6 has any fraudulent purpose or effect;

1.7 exploits people in a sexual, obscene or violent manner;

1.8 contains nudity presented in a sexual way, violence, or offensive subject matter or contains a link to an adult website;

1.9 solicits personal or identifying information from any person;

1.10 provides any telephone numbers, street addresses, last names, URLs, email addresses or other personal or contact information;

1.11 contains or promotes content that is false, misleading or deceptive;

1.12 involves the transmission of unsolicited bulk email or any other form of abusive electronic communication such as "junk mail," "chain letters," "mass mailing", "instant messaging", "spimming," or "spamming";

1.13 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

1.14 constitutes, furthers or promotes any criminal activity, enterprise or illegal act or provides instructional information about illegal activities including (but not limited to) making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

1.15 involves any commercial activity such as sales, contests, competitions, prize draws or lotteries, advertising, or marketing;

1.16 includes a photograph or image (still or moving) of another person that you have submitted without that person's consent;

1.17 contains sexually explicit or suggestive imagery (still or moving);

1.18 promotes, condones or glamorises hooliganism or bullying;

1.19 condones or glamorises alcohol and drug abuse;

1.20 may cause harm and offence to children or presents some risk or element of risk to the welfare of children;

1.21 promotes political parties, terrorism, vandalism or religious vilification;

1.22 promotes or denotes cruelty to animals;

1.23 invades the personal privacy of individuals;

1.24 refers to any arrest of any individuals or any active court proceedings; or

1.25 is in a language other than English or non-English words used that we cannot understand.

2. If you wish to notify us of any photo or video which you believe is in breach of the Sky Tyne and Wear Your Photos and Videos Usage Policy, email us at tyneandwear@sky.com. We may, in our absolute discretion, act on such notification but shall not be obliged to do so.

3. If you have breached the Sky Tyne and Wear Your Photos and Videos Usage Policy, or we reasonably suspect that you may have done so, then we may also: - notify and/or pass on the details of the breach of the Sky Tyne and Wear Your Photos and Videos Usage Policy to any relevant government, statutory, self-regulatory or law enforcement authority;

- investigate the alleged breach of the Sky Tyne and Wear Your Photos and Videos Usage Policy, which may include gathering information from you and/or the complaining party (if any) and the examination of any other data or material on the Sky network or our servers; or

- remove (either temporarily or permanently), copy, store, monitor or otherwise deal with content, data and/or other material on the Sky network and/or our servers.

4. You expressly authorise Sky to use your personal data and other information in connection with any investigation carried out by Sky in accordance with this Sky Tyne and Wear Your Photos and Videos Usage Policy, including by disclosing it to any third party authority that Sky considers has a legitimate interest in any such investigation or its outcome.

TERMS OF USE

These rules apply to you when you upload your Photos and Videos to, and use, the Sky Tyne and Wear Website, including the Sky Tyne and Wear Your Photos and Videos part of the site (the “Service”). If you have any questions then have a look at our Sky Tyne and Wear FAQs.

You must be 16 years or older to use the Service. If you are younger than 16 you MUST NOT use the Service. If you are 16 or over but have not yet reached 18, you must obtain your parent or guardian’s permission before using the Service.

HERE IS A SUMMARY OF THE MOST IMPORTANT BITS

If you send us Photos or Videos, we will be able to use one or more of them (or part of one or more of them) in any way we like. So, we might decide to put them on one of our other services, like Sky News TV or the Sky News website, or give them to someone else to put on one of their websites or TV services. We might even decide not to use them at all! If you do not want us to use your Photos orVideo then it is best not to send them to us in the first place. Remember, you can always look at our Sky Tyne and Wear Your Photos and Videos FAQs if you have any questions.

Sky will not pay you (or anyone involved) for any Photo or Video that you send us.

Please do not send us any Photos or Videos that you have not created yourself. This means that you cannot copy anyone else’s work or send us something that is not yours unless you have permission from the person who made it or owns it.

You must also make sure that anyone that appears in a Photo or Video you want to send to us has given you their permission to do so.

Please do not send us anything that is rude or might offend or upset another person.

Please do not send us anything which says things that are not true about someone else. If you are unsure, then it is best not to send it to us.

Keep yourself and others safe by not revealing in your Photos or Videos any personal information such as addresses (home or email) or telephone numbers.

Using your personal info

When you use the Service, you may choose to give us information which we will be able to use to contact you in the future, for example to discuss broadcasting or publishing a Photo or Video. If you do not wish us to use your personal information like this, please do not fill in the information boxes or submit Photos or Videos.

Is it going to cost you anything?

The only cost you will incur will be the standard charge made by your Internet Service Provider (ISP) for browsing the internet.

THE REST OF THE LEGAL STUFF

If you are under 18, make sure your parent or guardian reads this bit and explains it to you – it is important and will apply to you when you use the Service.

By using the Service and agreeing to these Terms of Use you are entering into a contract between you and British Sky Broadcasting Limited of Grant Way, Isleworth, Middlesex, TW7 5QD (“Sky”). References to "we" or "us" in these Terms of Use and the Sky Tyne and Wear Your Photos and Videos Usage Policy will be read as references to Sky.

1. Definitions

For the purposes of the Usage Policy and the Terms of Use, the following words and phrases have the following meanings:

“Sky Content” means the content submitted to the Service by Sky or our content partners, which is either owned or licensed by Sky, but does not include your Photos or Videos;

“Sky Tyne and Wear Website” means the website accessed at sky.com/tyneandwear and related websites and mobile applications.

“Sky Tyne and Wear - Your Photos and Videos” means the web pages on the Sky Tyne and Wear Website or mobile applications that allows users to view your Photos or Video and provides the functionality to allow you to upload your Photos or Video;

“Sky Tyne and Wear Your Photos and Videos Usage Policy” means the policy which governs your use of the Sky Tyne and Wear Your Photos and Videos and the Service set out below;

“Terms of Use” means these terms of use and the Sky Tyne and Wear Your Photos and Videos Usage Policy;

“User(s)” means user(s) of the Service;

“Uploading/uploaded” includes (without limitation) uploading directly from your device/computer as well as sharing a link to a video you have previously uploaded to YouTube;

“Photo(s)” and “Video(s)” means content uploaded by you to Sky Tyne and Wear Your Photos and Videos using the Service.

2. Uploading a Video

2.1 To upload a Photo or Video, follow the on screen instructions. During the upload process you will be asked to provide your name, where your Photo or Video was filmed, and a few other details. This information may be displayed on Sky Tyne and Wear Your Photos and Videos if your upload is successful and we agree to publish your Photo or Video.

2.2 If your Video contains music, you must also provide us with the name of the artist(s) and the song titles(s) you have used. This information will not be displayed on Sky Tyne and Wear Website, but we may well be unable to publish your video if it contains music and you do not provide us with this information. Please email the details to tyneandwear@sky.com.

2.3 We will also ask you to submit your email address and mobile phone number. This information will not be displayed on Sky Tyne and Wear but may be used to contact you to discuss your Video.

3. The Service

3.1 We will use reasonable efforts to make the Service available to you at all times. However, you acknowledge that the Service is provided over the internet and therefore the quality and availability of the Service are affected by factors that are beyond our control, including technical faults in a third party ISP’s service/network. We also may need to take some or all of the Service down for maintenance, but we will use our reasonable endeavours to do this at a time that is least inconvenient to you, unless it is essential or urgent maintenance. You accept that we are not responsible for any suspension, interruption or non-availability of the Service or any part of it for any of the reasons set out in this Paragraph 3.

3.2 The Service is variable. We may alter the content, presentation of and/or the facilities available on the Service from time to time without notice. You acknowledge that some of the services offered as part of the Service may be provided by third parties.

3.3 From time to time, we may offer you additional services and or software as part of the Service. If there are additional terms and conditions relating to these services then you must accept these terms prior to the use of such additional services and comply with them.

4. Your use of the Service

4.1 Your right to view any photo or video on the Service is for personal, private and non-commercial purposes.

4.2 You must not or authorise or assist any third party to:

4.2.1 copy (except as permitted by law), redistribute or relay the whole or any part of the Photos or Videos or Sky Content featured in Sky Tyne and Wear Website

4.2.2 sell or make any charge for watching or using any part of the Service; or

4.2.3 show any part of the Service in public to an audience, even if no charge is made; or

4.2.4 use the Service for any improper or unlawful purpose.

4.3 You agree that you will:

4.3.1 provide such proof of your identity or age as we consider reasonably necessary upon our request;

4.3.2 not use the Service for any improper, or unlawful purpose, nor allow any others to do the same; and

4.3.3 follow our reasonable instructions concerning your use of the Service.

5. Liability

5.1 You are responsible for all of your actions and omissions in relation to your use of the Service.

5.2 We will endeavour to provide the Service using all reasonable care. Except as required by law, we will not be responsible or liable for the fitness for a particular purpose of the Service or any part of it, or for any loss or damage caused by:

5.2.1 interruption or delay to the Service or any part of it caused by events outside our reasonable control;

5.2.2 any errors, viruses or bugs contained in the Service not directly caused by or attributed to Sky;

5.2.3 your negligent act or omission or your failure to follow our reasonable instructions;

5.2.4 us or our employees and/or agents in circumstances where:

(a) there is no breach of a contractual obligation or legal duty of care owed to you by us or our employees or agents;

(b) such loss is not a foreseeable result of any breach;

5.2.5 any incompatibility of the Service with any other software, hardware or material on your computer;

5.2.6 any Photo or Video or Sky Content; or

5.2.7 any other factor that is outside our reasonable control.

5.3 We do not accept any liability for any content provided by third parties (including Photos, Videos or Sky Content) as part of the Service or for any product or service advertised, promoted, offered or sold by third parties for use on the Service or otherwise. While we will use reasonable efforts to ensure that the Sky Content and editorial information contained in the Service provided by us is as accurate as possible, we do not accept any liability and make no representations or warranties in relation to the accuracy or completeness of the information contained in the Service or any other content whatsoever.

5.4 You will reimburse Sky and any third party who provides services to you as part of the Service for any losses, costs or damages incurred by Sky and/or any third party, on demand, arising out of:

5.4.1 your use of the Service, or anybody else that you allow to use the Service; and/or

5.4.2 your breach of these Terms of Use.

6. Copyright, Trade Marks and Intellectual Property

6.1 All copyright, trade marks, licenses and all other intellectual property rights in the Sky Tyne and Wear Website, Sky Content and other material supplied by Sky, any of Sky’s content partners or other Users as part of the Service will remain ours or, where applicable, our content partners or Users. We hereby grant you a licence to use Sky Content, the Service and such other intellectual property as is reasonably required by you to utilise the services for your own personal use only and strictly in accordance with these Terms of Use and the Sky Tyne and Wear Your Photos and Videos Usage Policy. We may prevent the copying of any part of the Service and you must not try in any circumstances to circumvent any digital rights management or any content protection policies.

6.2 Sky does not claim any legal or beneficial ownership rights in your Photos or Videos. After submitting your Photos or Videos to the Service, you still retain all legal and beneficial rights of ownership in those Photos and Videos except as set out in Paragraphs 6.3 and 6.4 below.

6.3 By submitting your Photos and Videos to the Service you are giving Sky and any other members of the British Sky Broadcasting Group and other Users a perpetual, royalty–free, non-exclusive, transferable, right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make available to the public, broadcast, transmit the Photos and Videos in whole or in part by all forms of media now known or invented in the future throughout the world for the full term of copyright and all reversions, extensions or revisions of such copyright. You waive all moral rights in relation to your Photos and Videos. You further acknowledge and agree that no royalties or fees are payable for use by Sky of the Photos or Videos. If you do not wish to give Sky these rights then do not submit your Photos or Videos to the Service.

6.4 By submitting your Photos and/or Videos to the Service you acknowledge and agree that you are giving each User a non-exclusive licence to access your Photos and Videos through the Service and to view, use, distribute, display and perform such Photos and Videos as permitted through the functionality of the Service and under these Terms of Use. We cannot be held responsible for the use of your Photos and/or Videos by another User.

6.5 By submitting your Photos and/or Videos to the Service you warrant that:

6.5.1 the Photos and Videos are your own original work;

6.5.2 you have the right and you have obtained all rights, permissions, licences and consents necessary to make your Video available to Sky, Sky’s content partners, any third party and other Users for all the purposes specified in Paragraphs 6.3 and 6.4 and these Terms of Use;

6.5.3 your Photos and Videos (including any part of them) do not infringe the intellectual property rights (including copyright and trade marks) of any other person (for example, they do not contain any footage, images (still or moving), music, artwork, fonts or material owned by anybody else);

6.5.4 your Photos and Videos do not violate anyone’s right of privacy or publicity;

6.5.5 your Photos and Videos comply with the Sky Tyne and Wear Your Photos and Videos Usage Policy (and, in the case of YouTube videos, the relevant YouTube usage policy and terms of use); and

6.5.6 your Photos and Videos do not contain anything which is defamatory, libellous or offensive.

7. Promotions and Advertising

7.1 We and/or our business partners may present advertisements or promotional materials on or through the Service, including before, after or during the broadcast of Photos, Videos or Sky Content. You will have no right to any payment or commercial gain of any kind from the broadcast of such advertisements or promotional material.

7.2 Your participation in any promotional event offered through the Service is subject to the terms and conditions associated with that event. Your dealings with, or participation in promotions by, any third party advertisers on or through the Service are solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any kind incurred by you as the result of any such dealings or as the result of the presence of such third parties on the Service or otherwise.

8. Links to Third Party sites

The Service may present links to third party websites not owned or operated by us. We are not responsible for the availability of these sites or their contents.

9. Moderation

9.1 We may moderate any Photos or Videos that you submit to the Service but we shall not be obliged to do so. We may do this by preventing your Photos or Videos from being published on the Service or by removing them after they have been published, as we determine in our absolute discretion. We may, in our absolute discretion, publish any Photo or Video on the Service or elsewhere once it has been submitted to the Service.

9.2 You may notify us of any Photo or Video which you believe is in breach of these Terms of Use and/or the Sky Tyne and Wear Your Photos and Videos Usage Policy by emailing us at tyneandwear@sky.com. We may, in our absolute discretion, act on such notification but we are not obliged to do so.

10. Changes to these Terms and Conditions

We may amend these Terms of Use and you will be notified of such amendments on the Sky Tyne and Wear website pages. Your first use of the Service after you have been notified of the new terms will constitute acceptance of such changes. If we amend these Terms of Use and such change has a materially detrimental effect on you, we will give you one months’ written notice of such change on the Sky Tyne and Wear website pages.

11. Right to Transfer and Third Parties

11.1 We can transfer our rights and obligations under these Terms of Use to any company, firm or person. We can only do this if it does not affect your rights under these Terms of Use. You may not transfer your rights or obligations under these Terms of Use to anyone else.

11.2 This Contract is personal to you and no third party is entitled to benefit under it except pursuant to Paragraph 12.1.

12. Law

12.1 These Terms of Use are governed by English Law. If your address is in the UK, all disputes will be dealt with by the courts in England and Wales or any other UK court that could lawfully deal with the case. If your address is in the Republic of Ireland, all disputes will be dealt with by the courts in England and Wales or in the Republic of Ireland.

12.2 Company particulars are: British Sky Broadcasting Limited (Registration No. 2906991), Sky Interactive Limited (Registration No. 3554332, Sky-In-Home Service Limited (Registration No. 2067075) and Sky Subscribers Services Limited (Registration No. 2340150) are direct or indirect subsidiaries of British Sky Broadcasting Group plc (Registration No. 2247735). All of the companies mentioned in this paragraph are incorporated in England and Wales and share the same registration office at Grant Way, Isleworth, Middlesex TW7 5QD. Sky Broadband S.A. is a company registered in Luxembourg with registered no.B-118.641. Its registered office is 23 Avenue Monterey, L-2086 Luxembourg.