1. OUR AGREEMENT
1.2 The Website is a “blinkbox Service” for the purposes of the Ts&Cs.
2. USING THE WEBSITE
2.1 The Website enables you to upload and share comments about a particular article, story, or photograph, or enter a competition (a “Comment”). To submit a Comment, you must use an interactive feature on the Website, provided by Facebook, or in the case of a competition entry via email (unless otherwise stated).
2.2 The Facebook feature also enables you to submit a website link along with your Comment.
2.3 You agree and accept that once you have submitted a Comment (other than a competition entry), it will be made public so please do not submit any personal details (e.g. home address, phone number, email address etc.) and your Comment will be sent to the editor of the Website. The editor may, at his/her sole discretion and without cause, prevent the Comment from being uploaded to the Website or remove it from the Website if it has already been uploaded.
2.4 In order to upload Comments (other than competition entries), you must first be registered with Facebook and you must be logged into your Facebook account each time you upload a comment.
2.6 Comments posted on, or submitted to, the Website must comply with the User Policy set out in these Terms.
2.7 In addition, you warrant that any Comments you upload, or submit, will comply with the User Policy and you will indemnify us for any breach of that warranty.
2.8 If you wish to make a complaint about a Comment and/or report abuse from another user please let us know immediately by sending an email to firstname.lastname@example.org, and we will deal with your issue within 48 hours.
3. YOUR COMMENTS
3.1 By submitting a Comment to the Website you grant to us an automatic non-exclusive, irrevocable, royalty-free, perpetual, fully sub-licensable, assignable, worldwide right and licence to use the Comment in any way (including, without limitation, modifying, adapting, editing, or copying or making available to the public the Comment) whether in whole or part. We may sub-license or assign this licence to any third party without your prior approval.
3.2 You waive any and all rights relating to a Comment (including, without limitation, the right to be identified as the author).
3.3 You agree and accept that when you submit a Comment, your name and any link to a third party website, you may be making this information (as well as the time and date when you submitted the information) available to the general public. You should not submit your Comment or website link if you do not want any of this information (including the date and time of when you submitted the information) to be available to the general public.
4.1 You promise and warrant to us that any Comment you submit:
4.1.1 is your own original work and you either own the right, title and interest in and to the Comment or you have the necessary licences and permissions to use, and to authorise us to use the Comment as set out in these Terms;
4.1.2 does not require any further payments, monies, fees or royalties to any third parties as a result of us publishing the Comment on the Website;
4.1.3 complies with the User Policy set out below and all other applicable laws and regulations; and
4.1.4 (in whole or in part) does not defame any third parties or infringe upon the copyright or other intellectual property rights, or rights of privacy of any third parties.
5. USER POLICY
5.1 In addition to clause 9 of the Ts&Cs but with specific reference to the use of the Website, you agree not to submit any content to the Website or link to any third party website which:
5.1.1 is pornographic, obscene, or offensive;
5.1.2 is abusive, threatening, insulting, defamatory or discriminatory, or promotes or encourages, discrimination, hatred, racism, sexism or bigotry;
5.1.3 promotes or encourages any illegal activity including, without limitation, terrorism;
5.1.4 is in breach of any relevant laws or regulations;
5.1.5 suggests (directly or indirectly) any endorsement or approval by blinkbox of any product, service, or any opinion or belief expressed;
5.1.6 promotes or encourages the sale of your goods or services or makes any commercial solicitations of any kind;
5.1.7 includes a link to unlawful material or to any material which contravenes this User Policy;
5.1.8 transmits any “junk” mail, chain letters, or “spam”;
5.1.9 impersonates another person or creates a misleading or false identity to mislead others as to your identity or to collect information about other users;
5.1.10 compromises the security or privacy of anyone other than yourself, for example, a Comment must not include contact details, last names, telephone numbers, postal addresses or other information which identifies any individual (unless stated as part of the terms of a competition);
5.1.11 contains any spy ware, Trojan horse, 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 or any other material designed to interfere with, damage, wrongly intercept or expropriate any data or personal information;
5.1.12 attempts to solicit information from anyone under the age of 18;
5.1.13 infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights); or
5.1.14 reports on current legal proceedings which may constitute contempt of court.
5.2 We reserve the right (without obligation) at our sole discretion and without giving you notice, to remove or edit any Comment (or other information) that you submit to the Website without incurring liability to you. We have no obligation to display any Comment (or other information) that you submit to the Website, nor to check the accuracy or truthfulness of any Comment (or other information) submitted to the Website, nor to monitor your use or the use of other users of the Website.
5.3 blinkbox assumes no responsibility or liability for any Comments (or other information) relating to you which may be uploaded on, or submitted to, the Website and may be defamatory or critical.
5.4 blinkbox accepts no responsibility for any Comments (or other information) uploaded, or submitted, to the Website by you or for any loss or damage resulting from your breach of this User Policy.
6. TAKEDOWN POLICY
6.1 Notice to blinkbox of infringing content: If you believe your rights, or the rights of someone on whose behalf you are acting, in any content on the Website have been infringed you must report it to us by sending an email to email@example.com including the following information:
6.1.1 your contact details, including your email address and contact number, and confirmation from you that you permit us to provide these contact details to the alleged infringer so that they may contact you directly in order to attempt to resolve the issue;
6.1.2 a statement that you have identified content on the Website which infringes your rights (or the rights of a third party on whose behalf you are entitled to act) and you believe that the use of the content has not been authorised by you (or the right’s owner);
6.1.3 a description of the way in which the content infringes the rights;
6.1.4 the URL or other location where the relevant content can be found;
6.1.5 proof that you are the rights holder (or duly authorised to act on their behalf);
6.1.6 your signature (either electronic or physical); and
6.1.7 a statement that the information contained in the email is true and accurate and confirmation that the email may be used in any subsequent court proceedings relating the infringement complaint.
If you are unsure about your rights in any content or whether there has been an infringement of your rights, we recommend you seek professional advice, as a false claim may expose you to liability.
6.2 Notice to blinkbox of defamatory content: If you wish to notify blinkblox of an allegedly defamatory statement on the Website you will need to send an email to firstname.lastname@example.org including the following information:
6.2.1 your contact details, including your email address and contact number, and confirmation from you that you permit us to provide these contact details to the poster of the statement so that they may contact you directly in order to attempt to resolve the issue;
6.2.2 a statement that you have identified content on the Website which you consider is defamatory;
6.2.3 the exact words you consider to be defamatory;
6.2.4 the URL or other location where the relevant content can be found;
6.2.5 an explanation as to why you consider these words to be defamatory;
6.2.6 an explanation as to why you consider the words to be factually inaccurate or unsupported by the facts;
6.2.7 if you are acting on behalf of the complainant, a statement confirming you are authorised to act on his/her behalf;
6.2.8 your signature (either electronic or physical); and
6.2.9 a statement that the information contained in the email is true and accurate and confirmation that the email may be used in any subsequent court proceedings relating to the defamation complaint.
Statements that reflect an honest opinion (i.e. a criticism), are not usually a basis for defamation. You should carefully consider the facts before you make a claim and if you are unsure we recommend you seek professional advice as a false claim may expose you to liability.
6.3 We will not tolerate deliberate misuse of the takedown process or repeat offenders of our User Policy.
You will indemnify us and keep us fully and effectively indemnified from and against all claims, damages, expenses, costs and liabilities relating to or arising from your use of the Website or any Comments or other information submitted by you, or arising from or in connection with any breach or suspected breach of these Terms by you or your violation of any law or third party rights.
8.1 The information and content on our Website is displayed without any warranties as to its accuracy or completeness.
8.2 blinkbox reserves the right to suspend, modify or discontinue in whole or part the Website or the ability to submit Comments onto the Website at any time and without notice or liability to you.
These Terms were last updated on 6 June 2014.
© Copyright 2014 blinkbox Entertainment Limited. All rights reserved.