Fame
TV Terms and Conditions ("Terms and Conditions")
1.1
Hi! These are the Terms and Conditions
which apply when You want to submit any content for, vote in relation to
content on, play any games on, act as a Buddy in relation to, or even just use
or view, the Fame TV Channel or Fame TV Website or Service.
All this is covered within the definition of "Use"
below.
1.2
There may be other additional terms and conditions that apply to
particular situations ("Additional Terms and Conditions"),
so watch out to make sure You have seen and read those too.
To the extent that there is any inconsistency between these Terms and
Conditions and those Additional Terms and Conditions, those Additional Terms
and Conditions shall prevail.
1.3
It is up to You to make sure You fully comply with these Terms
and Conditions and any Additional Terms and Conditions, so it is very important
that You read them fully and understand them. If You have
any queries about any aspect of them, then You should not Use the Fame TV
Channel or Fame TV Website or Service until You have resolved Your query and
fully understand these Terms and Conditions and any Additional Terms and
Conditions.
1.4
If You are under the age of 18, You must not Use the Fame TV
Channel or Fame TV Website or Service except if You have obtained the
permission and approval of Your parent or guardian. You
must ensure that Your parent or guardian must also have read and agreed to be
bound by these Terms and Conditions and any applicable Additional Terms and
Conditions before You Use the Fame TV Channel or Fame TV Website or Service.
1.5
We may require You to provide Us with proof of Your age and the
consent of Your parent or guardian.
1.6
You must not Use the Fame TV Channel or Fame TV Website or
Service except if You agree to these Terms and Conditions and any applicable
Additional Terms and Conditions. Your submission of any
Content for, participation in Vote On or Vote Off, playing of any games on,
using or viewing, or acting as a Buddy in relation to, the Fame TV Channel or
Fame TV Website or the Service shall each in itself be taken to be Your
agreement to and acceptance of these Terms and Conditions and Additional Terms
and Conditions current at the time on which Your activity takes place.
1.7
We may update these Terms and Conditions and any Additional
Terms and Conditions (and add new Additional Terms and Conditions) from time to
time without notice. Each time You Use the Fame TV
Channel or Fame TV Website or Service, You agree that the latest Terms and
Conditions and any Additional Terms and Conditions shall apply to Your
activity. It is Your responsibility to keep up to date
with the latest version of the Terms and Conditions and all applicable
Additional Terms and Conditions. The latest version of
the Terms and Conditions and all applicable Additional Terms and Conditions can
be found on the Fame TV Website or by contacting Us.
1.8
Terms which are capitalised in these Terms and Conditions (other
than simply at the beginning of a sentence) have been defined somewhere in
these Terms and Conditions (using speech marks) and You should find the
definition to understand the meaning of that term. In
particular, here are some key definitions to get You started (in alphabetical
order):
1.8.1 "Accepted
Content" means Content which We have agreed has passed
Moderation and may potentially be used by Us including on either or both of the
Fame TV Channel or Fame TV Website;
1.8.2 "Auto
Mode" means a period of the day each day (usually in the early
hours of the morning London time but not exclusively) when We do not generally
undertake the Moderation process and therefore during which We do not generally
upload new Content to the Fame TV Channel or Fame TV Website;
1.8.3 "Buddy"
means someone whom You wish to be sent an SMS (in accordance with Our rules)
when Your Content is displayed on the Fame TV Channel;
1.8.4 "Buddy
Fee" means the fee which We charge to You for receipt of an SMS
text informing Your Buddy that Your Content is going to, or may be, appearing
on the Fame TV Channel;
1.8.5 "Buddy
List" means Your list of the names and mobile phone numbers of
up to five of your Buddies, as updated by You from time to time;
1.8.6 "Cell"
means a portion of the Total Screen on the Fame TV Channel which is devoted to
one individual piece of Content or the display of any particular information at
any one time;
1.8.7 "Clip"
means a moving image or video which may or may not include Sound;
1.8.8 "Clip
Screen" means one of the nine Cells on the Fame TV Channel from
which Clips may be viewed, or a merged Full Playout Screen combining some or
all of the Cells (and possibly together with other Cells within the Total
Screen);
1.8.9 "Content"
means Clips, Images, Sound and Virtual Avatars and (which may include as part
of that) any text, speech, voice, graphics, visual effects, photographs,
pictures, drawings, caricatures, diagrams, audio-visual content or content of
any nature; all of which is or has been submitted to Us or used by Us on the
Fame TV Channel and/or Fame TV Website (as applicable);
1.8.10 "Fame
TV Channel" means the television channel operated by Us under
the name "Fame TV" from time to time;
1.8.11 "Fame
TV Website" means the website or other media (but not the Fame
TV Channel) operated by Us from time to time under the brand "Fame
TV" from which people may be able to access or submit content to Us or
find out about these Terms and Conditions or any other requirements that We
stipulate;
1.8.12 "File"
means a file in whatever form or format as is acceptable to Us containing the
proposed Content that You wish to submit to Us;
1.8.13 "Full
Playout Screen" means a portion of the Total Screen on the Fame
TV Channel which is devoted to one individual type of Content (for example a
"Clip") and which involves the merger of Cells which had previously
contained that type of Content;
1.8.14 "Games"
means any games that may be played on or through the Fame TV Channel;
1.8.15 "Image"
means a still image (which may or may not have Text To Screen Text associated
with it);
1.8.16 "Image
Screen" means one of the two Cells on the Fame TV Channel from
which Images may be viewed, or a merged Full Playout Screen combining the two
Cells (and possibly together with other Cells within the Total Screen);
1.8.17 "Intellectual
Property Rights" means all intellectual and industrial property
rights of any nature anywhere in the world, including copyright, database
rights, patents, design rights, registered designs, trade mark rights, service
mark rights, domain name rights, topography rights and rights under licences,
whether or not registered or capable of protection by registration and the
right to apply for any of them;
1.8.18 "MMS"
means a text in the form of a multimedia messaging service;
1.8.19 "Mobile
Phone Number" means the number of Your mobile phone to which We
may send You an SMS or MMS or through which We may contact You;
1.8.20 "Moderation"
means the process by which We decide whether Submitted Material conforms with
all Our requirements for that Submitted Material (including to comply with all
laws, statutes, regulations, byelaws and codes of practice);
1.8.21 "Network
Provider" means a mobile telecommunications business from whom
You or We or any other applicable third party obtains the right to airtime
using a mobile telephone or receive or send an SMS or MMS;
1.8.22 "Participant"
means anyone featured in or taking part in (whether or not on or off camera or
on or off sound), or involved with the preparation or recording of, Submitted
Material (whether or not that person features, takes part or is involved in a
large, small or incidental way);
1.8.23 "Premium
SMS" means an SMS for which We charge You a specified premium
fee (and for which Your Network Provider may also make an additional charge to
You);
1.8.24 "Rejected
Content" means Content which We have decided has not passed
Moderation and which We have therefore decided (at least for now) will not be
used by Us on the Fame TV Channel or Fame TV Website;
1.8.25 "Screen"
means either the Total Screen or the Cell on the Fame TV Channel;
1.8.26 "Service"
means any service, broadcast or operation provided by Us on or through or in
relation to the Fame TV Channel or Fame TV Website (or the subject matter of
these Terms and Conditions);
1.8.27 "SMS"
means a text in the form of a short message service;
1.8.28 "SMS At
Standard Network Rates" means an SMS for which We do not charge
You a premium fee (but for which Your Network Provider may make a charge to You
at Your standard network rates);
1.8.29 "Sound"
means audio, music, voice or sound which may be stand-alone or which may
accompany any other content;
1.8.30 "Submission
Channel" means the channel by which We require Content to be
submitted to Us from time to time, which is initially via the Fame TV Website,
through MMS or by post;
1.8.31 "Submission
Fee" means the fee payable by You to Us for submitting Content
to Us for it to undergo Moderation which We will recover through Your Network
Provider);
1.8.32 "Submitted
Material" means either Content or a Text To Screen Text which
You submit to Us;
1.8.33 "Text
To Screen Text" means an SMS text from a viewer submitted to Us
on short code 83263 (or such other short code as We advertise for that purpose
from time to time) for display on a Screen dedicated to rolling SMS texts from
viewers which costs You £1 plus standard network charges;
1.8.34 "Total
Screen" means the total screen on the Fame TV Channel which
encompasses all Cells at any one time;
1.8.35 "Use"
(or "Using") means use of
any aspect of the Service or Fame TV Channel or Fame TV Website, including
submitting any content for, voting in relation to content on, playing any games
on, acting as a Buddy in relation to, or even just using or viewing, the Fame
TV Channel or Fame TV Website;
1.8.36 "Virtual
Avatar" means either: (a) a static image of You; or (b) an
image of You with Your own phrases and recorded voice from which We may create
a moving image of You;
1.8.37 "Vote
Off" means the voting off of a particular piece of Content from
one or more Screens or types of Screens;
1.8.38 "Vote
On" means the voting on of a particular piece of Content onto
one or more Screens or types of Screens;
1.8.39 "Voting
Code" means the unique code for each individual piece of
Content which affects how people can refer to that Content when they wish to
Vote On or Vote Off the Content;
1.8.40 "Voting
Fee" means the fee payable by You to Us for taking part in Vote
On or Vote Off (and which We will recover through Your Network Provider);
1.8.41 "We",
"Us" or "Our"
means Fame TV Limited, a company registered in England and Wales (under
registration number 5822418) with its registered office currently at 9 Beaumont
Gate, Shenley Hill, Radlett, Hertfordshire, WD7 7AR, England.
If You have any comments, queries or suggestions, We would be pleased to receive
them at Fame TV Ltd, PO Box 249, Radlett, WD7 0BH or by emailing Us at
enquiries@fametv.com ; and
1.8.42 "You"
or "Your" means the person
Using Fame TV Channel or Fame TV Website; and where "You" are under
18, "You" includes Your parent or guardian.
1.9
As the law interprets terms and conditions in a particular way,
here are some rules that apply to the interpretation of these Terms and
Conditions and any Additional Terms and Conditions:
1.9.1 references to Clauses
are to clauses of these Terms and Conditions (or the Additional Terms and
Conditions as applicable);
1.9.2 the headings to
Clauses are inserted for convenience only and shall not affect the
interpretation or construction of this Agreement;
1.9.3 words imparting the
singular shall include the plural and vice versa. Words imparting a gender
shall include every gender and references to persons shall include an
individual, company, corporation, firm or partnership;
1.9.4 references to any
statute or statutory provision shall include any subordinate legislation made
under it, any provision which it has modified or re-enacted (whether with or
without modification) and any provision which subsequently supersedes it or
re-enacts it (whether with or without modification); and
1.9.5 references to
"includes" or "including" or like words or expressions
shall mean without limitation.
1.10 When
You Use any aspect of the Service, You must follow the applicable instructions
on the Fame TV Channel and Fame TV Website as to how to Use the Service.
1.11 Unless
otherwise specifically agreed by Us, We do not intend for anyone normally
resident outside of the United Kingdom to Use the Service.
2.
Submitting Content to us
2.1
This Clause explains the process for Your submission of Content
to Us.
2.2
There are initially three types of Submission Channels through
which You may submit Content to Us: via the Fame TV Website; through MMS; or by
post. Clauses 2.3
to 2.8 explain the process for submitting Content to Us
via the Fame TV Website; Clauses 2.9 to 2.12
explain the process for submitting Content to Us via MMS; and Clauses
2.13 to 2.14 explain the process for
submitting Content to Us by post.
Fame TV Website
submissions
2.4
When You click on the "I accept" button (or tick the
relevant box), We may record the "IP" address, which is the
information which identifies Your computer as a unique computer on the
Internet.
2.5
A Unique number will be displayed on the web page. You must then
send an SMS At Standard Network Rates to short code 78263 (or such other short
code as We advertise for that purpose from time to time). We will then send to
Your Mobile Phone Number a Premium SMS (with a Submission Fee of £1.50 in
addition to any other charges which Your Network Provider charges You) with a
unique code.
2.6
Following Your receipt of that unique code, You must type that
unique code into the applicable section of the Fame TV Website which deals with
submission of Content and You will then be directed to an upload page, where
You can Upload Your File.
2.7
Following Our receipt of Your File, We will send You an SMS At
Standard Network Rates which will detail whether your File has been accepted
(i.e. the Content has passed Moderation and is Accepted Content), rejected
(i.e. the Content has failed Moderation and is Rejected Content) and/or you may
also be prompted to send an SMS At Standard Network Rates to Us with wording
indicating your agreement to our Terms and Conditions.
MMS submissions
2.10 Following
Our receipt of Your File, We shall send to You a Premium SMS, for which You
will be charged a Submission Fee of £1.50 by Us in addition to any other
charges which Your Network Provider charges You. The
Submission Fee is payable by You irrespective of the results of Our Moderation
and whether or not the submitted Content becomes Accepted Content or Rejected
Content.
2.11 That
Premium SMS may ask You to:
2.11.1 please wait for the Voting Code for the
Content within Your File;
2.11.2 review these Terms and Conditions (and any
applicable Additional Terms and Conditions) on the Fame TV Website, and the
Premium SMS may provide details of how You can access those; and/or
2.11.3 text Us on short code 78263 (or such other
short code as We advertise for that purpose from time to time) by a further SMS
At Standard Network Rates containing the words "I agree to Fame TV's Terms
and Conditions" (or such other wording as We require).
If You are under the age of 18, You must get Your parent or guardian to send
that SMS At Standard Network Rates.
Postal
Submissions
2.13.1 the File in the form or format which the
Fame TV Website says is acceptable to Us;
2.13.2 a print out of these Terms and Conditions
(and any other applicable Additional Terms and Conditions) from the Fame TV
Website signed by You, together with Your Mobile Phone Number, name and date of
birth inserted at the end. If You are under the age of
18, You must get Your parent or guardian to sign too; and
2.13.3 a cheque made payable to Fame TV Limited for
the Submission Fee of £5. The Submission Fee is
payable by You irrespective of the results of Our Moderation and whether or not
the submitted Content becomes Accepted Content or Rejected Content.
3.
Broadcast of Content and Voting
3.1
We may decide in Our absolute discretion whether, when, how, on
what Screen, in which order and how many times to broadcast or display any
Submitted Material on the Fame TV Channel or Fame TV Website (or anywhere
else).
3.2
We may refuse to provide the Service to any person for any
reason at all or for any time.
3.3
In addition, We may edit, amend or cut the Submitted Material
being broadcast or displayed, although You will not be responsible to Us for
the Submitted Material to the extent affected by Our editing, amendments or
cutting.
3.4
Each display of Content may be accompanied by a Voting Code.
If so, then viewers may take part in Vote Off or Vote On by sending to
Us a Premium SMS (with a Voting Fee element to Us of £1 in addition to
any other charges which the viewer's Network Provider Charges the viewer).
The process for Vote Off and Vote On varies depending on the type of
Content.
Clips
3.6
If We receive a fixed number
(defined by Us) of SMS votes for a particular Clip to short code 63263 (or such
other short code as We advertise for that purpose from time to time) stating
the Voting Code number for that Clip, then We may (in our absolute discretion)
display the Clip across the Full Playout Screen for Clips or even the Total
Screen. We may also add Sound with that Clip where there
was previously none or change the sound already on the Clip.
3.7
If We receive a fixed number
(defined by Us) of SMS votes for the particular Clip then playing on the Full
Playout Screen to short code 63263 (or such other short code as We advertise
for that purpose from time to time) saying "Off" (that number of SMS
Votes being called the “Off Number”), without any SMS votes using
the Vote On procedure previously described (in between that sequence of Off
Number of SMS votes) for the particular Clip then playing on the Full Playout
Screen, then We may (in our absolute discretion) shrink the Clip from the Full
Playout Screen for Clips or the Total Screen down to a Cell or We may (in our
absolute discretion) remove the Clip from the Screens altogether.
3.8
We may also add, edit or remove any
Clips in our absolute discretion (including as space and time permit).
3.9
Votes may be subject to certain
restrictions (including restrictions such as time periods when certain votes
are able to be accepted or are cleared). For example, We may reduce to zero the
total of any votes from time to time (for example, periodically) in Our
absolute discretion. Also for example, We may designate, in Our absolute
discretion, certain time periods as being the only time periods when We may
accept certain types or categories of votes, or after or during which vote
totals will be reduced or cleared.
Images
3.10 We
may add, edit or remove any Image in our absolute discretion (including as
space and time permit).
Sound only
Files
3.11 If a
Sound is being played as a back track to the Total Screen on the Fame TV
Channel, then viewers may decide whether to take part in Vote On or Vote Off
for that Clip. (The name and Voting Code of any
currently-playing Sound will be displayed on the bottom half of the Total
Screen and may also from time to time be within a list of backing Sounds (names
and Voting Codes) displayed to the right of the Total Screen.)
3.12 If
We receive a fixed number (defined by Us) of SMS votes for a particular Sound
to short code 63263 (or such other short code as We advertise for that purpose
from time to time) stating the Voting Code number for that Sound, then We may
(in our absolute discretion) play the Sound as the backing Sound to the Total
Screen. We may also add Sounds with that Sound where
there was previously none.
3.13 If
We receive a fixed number (defined by Us) of SMS votes for the particular Sound
then playing to short code 63263 (or such other short code as We advertise for
that purpose from time to time) saying "Off" (that number of SMS
Votes being called the “Off Number”), without any SMS votes using
the Vote On procedure previously described (in between that sequence of Off
Number of SMS votes) for the particular Sound then playing, then We may (in our
absolute discretion) replace that Sound from backing the Total screen or We may
(in our absolute discretion) remove the Sound from the Total Screen altogether.
3.14 We
may also add, edit or remove any Sounds in our absolute discretion (including
as space and time permit).
4.
Buddies
4.2
Assuming a Buddy has opted-in, whenever Content which was
submitted by You is uploaded by You (or otherwise sent to Us), We may send an
SMS At Standard Network Rates to the Buddy mobile phone number supplied by You
to inform Your Buddy of this and We may (in our absolute discretion) provide
further information in that SMS (including how to vote for that Content).
4.3
Before You submit the details of a Buddy on your Buddy List to
Us, You are responsible for ensuring that your Buddy has agreed to their name
and mobile phone number being used in this way and that they have read and
agreed to these Terms and Conditions and any applicable Additional Terms and
Conditions.
4.4
The premium fee covered in Clause 4.1 covers
the sending by Us of up to five SMS At Standard Network Rates in total to all
Buddies.
5.
Auto Mode
5.1
You may continue to submit Files to Us and take part in Vote On
and Vote Off during Auto Mode, but Moderation does not usually take part during
Auto Mode. Therefore, any Submitted Material which is new
and not previously broadcast on the Fame TV Channel will not usually be
broadcast during Auto Mode but will generally undergo Moderation over the
course of the following 30 hours.
6.
Games
6.1
Periodically, We may run and operate Games on the Fame TV
Channel or Fame TV Website. Those Games will be subject
to the rules contained in dedicated Additional Terms and Conditions for Games
generally or the particular Game. Those Additional Terms
and Conditions will be referred to next to, at the same time as, or in advance
of, the Game taking place and it is Your responsibility to read those
Additional Terms and Conditions before taking part in that Game.
Any participation by You in that Game will constitute your deemed acceptance of
those Additional Terms and Conditions.
7.
Prizes
7.1
Where, in any element of the Fame TV Channel or Fame TV Website,
We offer a prize for the winner or based on the happening of certain events,
those prizes will be subject to any rules contained in dedicated Additional
Terms and Conditions relating to those prizes. Those
Additional Terms and Conditions will be referred to next to, at the same time
as, or in advance of, the event (based on which the prize is awarded) taking
place and it is Your responsibility to read those Additional Terms and
Conditions before taking part in that event. Any
participation by You in that event will constitute Your deemed acceptance of
those Additional Terms and Conditions.
7.2
In any competition, Our decision is final.
We will not enter into any correspondence with You concerning Our decisions.
7.3
Unless otherwise stipulated by Us in the applicable Additional
Terms and Conditions, all entries for a competition must be received by Us
within 28 days of the date of the last broadcast of that competition on the
Fame TV Channel.
7.4
We may inform the winners of a prize that they have done so
through an announcement on the Fame TV Channel or Fame TV Website.
It is Your responsibility to regularly check both the Fame TV Channel and Fame
TV Website to see if You have won a prize.
7.5
If You do not claim Your prize within 28 days of it being
awarded, it will be put into a rollover pot and awarded to a future prize
winner (or winners).
7.6
We may publish Your name and other details about You to identify
You as the winner of the prize.
8.
FAME TV Website only COntent
8.1
We may receive some Content which We decide passes Moderation to
the extent that it may be displayed on the Fame TV Website, but which We decide
does not pass Moderation for display on the Fame TV Channel.
8.2
In that event, We may have additional rules and requirements and
Additional Terms and Conditions for restricted access to that Content on the
Fame TV Website. We may give You a special access code
for viewing that Content and charge an additional fee or subscription for Your
right to do so. We may also require additional proof of
age information from You.
9.2
Furthermore, You acknowledge that We may use ourselves, or allow
any third party to use, the Submitted Material in any way, on any platform, in
any form, in any medium and in any manner whatsoever.
9.3
You acknowledge that You and any Participant will have no
entitlement to receive any financial or other reward from Us for the Submitted
Content.
9.4
In agreeing to these Terms and Conditions, You hereby agree
irrevocably to waive Your moral rights in any Submitted Material, and agree to
procure that any third party's moral rights in the Submitted Material has been
similarly waived, anywhere in the world so that We and Our assignees and
licensees may use and adapt the Submitted Material in whatsoever way We or they
determine without infringing those moral rights as per the terms of the licence
in Clause 9.1. We may (but shall
not be obliged to) identify You and any Participant as the creators of and
participants in the Submitted Material.
9.5
We may in any way We see fit present, market, promote, copy,
reproduce, distribute, transmit, publish, broadcast, podcast, webcast,
synchronise, port, syndicate, route, display, sell, supply, license, use and
create a derived work of, the whole or part of the Submitted Material,
including to any third party and in any form, format or medium.
9.6
The Service is made available for Your personal, non-commercial
Use only. Save in respect of Your Submitted Material,
except to the extent that We permit, You shall not copy, reproduce, distribute,
transmit, publish, broadcast, podcast, webcast, synchronise, port, syndicate,
route, display, sell, supply, license, use or create a derived work of, the
whole or part of the Service or Fame TV Channel or Fame TV Website.
9.7
Save in respect of Your Submitted Material, We (or Our
licensors) reserve all rights (not expressly granted) in the Service, Fame TV
Channel, Fame TV Website, Content, Text To Screen Texts and anything else in
which We (or Our licensors) own Intellectual Property Rights.
10.
FEes and PAyments Generally
10.1 When
You pay for the Submission Fee or Voting Fee or Buddy Fee, You shall pay for
that aspect of the Service at the time of ordering by supplying Us with Your
credit or debit card details from a credit or debit card company acceptable to
Us, Your Mobile Phone Number (from which We may charge Your Network Provider)
or a cheque. We require this in order to proceed with
supplying the Service to You. We may refuse to supply the
Service to You until Our acceptance of Your attempt to Use the Service, which
takes place when We have received cleared funds in full from You for that
aspect of the Service.
10.2 Payments for services via mobile phone. When
We have accepted Your payment for any aspect of the Service in cleared funds,
We will start performance of that Service. Accordingly,
once We have received Your payment, You will not have any right to cancel Your
order, or receive a refund (except to the extent that We otherwise have any
liability to You), for that aspect of the Service (which may include submission
of any Submitted Material).
10.2.1 Payments for services via credit or debit card or other than mobile phone. All refunds are made at the companies discretion.
10.3 You
must ensure that:
10.3.1 all details which You provide to Us for the
Use of the Service will be correct;
10.3.2 You have the right to use the credit or
debit card or Mobile Phone Number or bank account used by You. We reserve the
right to obtain validation of Your credit or debit card details or Mobile Phone
Number or bank account used by You before providing You with the Service; and
10.3.3 there are sufficient funds or credit
facilities to cover the cost of Your Use of the Service.
10.4 You
must pay all sums due under these Terms and Conditions in full without any
set-off, deduction or withholding whatsoever.
10.5 If
We have not received any fee or payment due from or on behalf of You (whether
or not this is due to Your fault or the fault of any third party including a
Network Provider), We may (without prejudice to any other right or remedy
available to Us whether under these Terms and Conditions or by any statute,
regulation or byelaw) suspend provision of any Service to You until payment in
full has been made.
11.
FAme Pay
11.1 If
We broadcast or display on the Fame TV Channel or Fame TV Website any video
Clip originally submitted by You to Us ("Your Clip")
and viewers Vote On or Vote Off any of Your Clips, We may pay to You, as a
gratuitous reward scheme, £0.10 ("the Reward")
for each £1 received by Us through a Premium SMS for the Vote On or Vote
Off process in respect of Your Clip ("Fame Pay Scheme").
Subject to the rest of the process described below, We shall pay it to
You via PayPal's "Mass Pay" service (or other similar scheme).
Please be aware that the decision to broadcast or display Clips will be
at our absolute discretion.
Registration
and management of Your Account
11.2 These
are the details of how You can register and accrue the benefits of the Fame Pay
Scheme:
11.2.1 In order to benefit from the Fame Pay
Scheme, You must first register with Us for receiving the benefits of
participating in the Fame Pay Scheme.
11.2.2 To register for the Fame Pay Scheme, You
must send to Us an SMS At Standard Network Rates with your designated email
address ("Your Email Address") to the following SMS number:
78263. Provided the number We capture for the particular
mobile handset which You use when You send Us that SMS text matches the number
We captured when We originally received Your Clip, then We shall send an email
to You at Your Email Address. That email will contain
instructions for You to submit further details to Us including submitting to Us
the number for Your mobile handset. Again, We will check
that the mobile phone numbers match before We will proceed with involving You
in the Fame Pay Scheme. You must be aged 18 or over to be
able to benefit from the Fame Pay Scheme. Only once We
have validated Your right to take part in the Fame Pay Scheme at the end of
this process will you be entitled to start accruing any Rewards from Us.
11.2.3 Following Our validation of You to take part
in the Fame Pay Scheme, We shall open Your account ("Your Account")
in the Fame Pay Scheme. Your Account shall start with a
zero balance on opening, and We will start adding Rewards to Your Account
according to the number of times we receive (after opening Your Account) a
Premium SMS (in which We receive £1) in the Vote On or Vote Off process
for Your Clips.
11.2.4 You may send to Us an SMS At Standard
Network Rates with a designated keyword that We set from time to time, in order
for You to obtain the latest balance in Your Account. We
may respond to that by text if We are satisfied that Your mobile handset is
Yours.
Payments to You
11.3 The
following describes payments to You under the Fame Pay Scheme:
11.3.1 If the balance in Your Account reaches or
exceeds £10, We may (within one month of that happening) send details of
Your Email Address to PayPal, who should contact you (by email).
On the first time this happens, You may need to set up an account with PayPal
so that You can be paid. Please be aware that PayPal MAY
charge you an administration fee to set up and administer your account.
You, and not Us, are responsible for paying those fees.
In addition, PayPal may impose additional terms and conditions on you as the
holder of an account with PayPal. You, and not Us, are responsible for
complying with those terms and conditions (and meeting any associated costs).
11.3.2 Once Your account with PayPal is set up,
they should send an email to You explaining the money that is available to be
collected to You. It is then Your responsibility for You
to collect that payment. Upon Your collection of the
money in Your Account, Your Account will be reduced by the amount that You have
collected, which may take Your Account down to zero. Alternatively,
if You do not collect payment within 90 days from the date of PayPal's dispatch
of its email to You, then We may automatically reset Your Account to zero
without further notice to You.
11.3.3 Your right to receive the Rewards is subject
to Your full compliance with these Terms and Conditions (and any applicable
Additional Terms and Conditions). If you are in breach of
any of those terms, We may withhold payment of any Rewards to You (in whole or
in part, permanently or temporarily) in Our absolute discretion.
11.3.4 Where any monies are owed by Us to You, We
reserve the right to off-set them against anything owing by You to Us.
11.3.5 You are responsible for paying and
accounting for any income, sales or value added taxes associated with Our
payment of any Rewards to You.
11.3.6 If Your Account balance does not reach
£10, We shall not pay You for the unpaid Rewards collected in Your
Account.
11.3.7 Your Account will only accrue the relevant
Rewards if and when We receive the £1 in revenue in respect of the
relevant Premium SMS.
11.3.8 We do not pay You directly.
If you do not comply with PayPal's rules or requirements (including setting up
the appropriate account with PayPal), We will not pay You the Rewards.
Your Responsibilities
11.4 You
are responsible for all use and misuse of the mobile handset number and Your
Email Address which You have supplied to Us or used when supplying Your Clip or
other information to Us, including the supply of false information for payment
or other purposes. Any breach of these Terms and
Conditions by anyone using Your mobile handset or Your Email Address will be
deemed to be a breach by You. It is Your responsibility
to ensure the security of Your handset and Your Email Address account.
In any event, if You suspect that Your handset may be stolen or lost or
Your Email Account is being used fraudulently, You must inform Us immediately.
11.5 In
addition, You are responsible for promptly updating Us and PayPal of all actual
and proposed changes to Your Email Address. We and PayPal
may continue to send instructions for Your receipt of Rewards to Your Email
Address originally given to Us for up to one month following receipt of your
instruction to both Us and PayPal of your change of Your Email Address.
Our liabilities
11.6 The
award of Rewards to You is gratuitous and We may change or terminate Your
Account or the Fame Pay Scheme without notice in Our absolute discretion.
11.7 In
addition, since the Rewards are gratuitous, You agree that (to the extent
permitted by law), We shall have no liability to You for failure to make or
direct any payments of Rewards to You.
Special
Promotions
11.8 From
time to time, We may introduce other bonus incentive programmes.
There may be different rates for the Rewards to accrue and the circumstances in
which You may qualify to receive the Rewards, but the other bonus incentive
programmes shall work in a similar way to the main Fame Pay Scheme, in that We
may pay You through Pay Pal on a similar basis to above.
12.1 We
require the Submitted Material to be of a suitably high quality (as we may
define it) and comply with Our rules. You therefore agree
and warrant that:
12.1.1 the Content shall be of a suitably high
standard and quality (including as we may define it);
12.1.2 the Submitted Material shall comply with any
requirements for the Submitted Material as stipulated by Us (whether on the
Fame TV Channel, Fame TV Website or elsewhere);
12.1.3 You shall promptly comply with Our
reasonable requests (including any promotions or marketing) and promptly (upon
Our request) provide all information, documentation and assistance to Us from
time to time in connection with the Submitted Material;
12.1.4 You shall take all care and assume all
responsibility with supplying the Submitted Material;
12.1.5 You shall be responsible for making and
retaining a copy of the Submitted Material before sending it to Us and accept
that We shall not be liable for any loss or damage to any File or Submitted
Material, and that We shall not be responsible for returning or sending to You
the original or copy of any Submitted Material;
12.1.6 the medium on which the Submitted Material
is delivered to Us does not contain and will not contain any material
detrimental in any way to Us, including any viruses, Trojan horses, trap doors,
back doors, easter eggs, worms, time bombs, cancelbots or other computer
programming routines that are intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or personal
information;
12.1.7 You do not do anything which may modify,
impair, disrupt, alter or interfere with the use, features, functionality,
operation or maintenance of the Service;
12.1.8 to the best of Your knowledge and belief,
the Submitted Material and any information which You provide to Us about You,
Your parent or guardian and any Buddy is and will remain accurate, fair, not
misleading and up-to-date. You shall be fully responsible
for informing Us of any information that needs updating;
12.1.9 You shall co-operate fully with Us and
promptly provide Us with all information and assistance and comply with any
request We may have and supply all materials required by Us, in relation to the
Submitted Material;
12.1.10 You
have all written consents, releases, licences, permissions and authorisations
(including from all Participants) required to supply the Submitted Material to
Us and for Us to broadcast and display the Submitted Material on the Fame TV
Channel and Fame TV Website (or use it in any other way that We want);
12.1.11 You
shall not impersonate any other person or body or misrepresent a relationship
with any person or body or adopt a false identity;
12.1.12 You
must not interfere with another person's use of the Service or the Fame TV
Channel or Fame TV Website or otherwise act in a way that negatively affects
another person's use of the Service or the Fame TV Channel or Fame TV Website,
except in any way that We expressly permit;
12.1.13 You
shall ensure that the Submitted Material, and the creation and supply of it, at
all times accord with all applicable laws, statutes, rules, regulations,
byelaws and codes of practice and best practice in the United Kingdom;
12.1.14 the
Submitted Material shall not infringe the Intellectual Property Rights, the
privacy rights or any rights of any nature of any Participant or any third
party;
12.1.15 You are
the sole creator of the Submitted Material and do not engage and have not
engaged any other person to create, develop or produce or assist in creating,
developing or producing the Submitted Material;
12.1.16 nothing
in the Submitted Material is the subject of any disputed ownership or actual or
potential legal action;
12.1.17 until
assignment of the Intellectual Property Rights under Clause 9,
You are the sole and absolute owner of the entire Intellectual Property Rights
in the Submitted Material, it is not subject to rights in confidentiality, and
you have not previously supplied it to any third party or licensed, assigned,
granted or in any way encumbered the Intellectual Property Rights in the
Submitted Material or any part and will not purport to do so;
12.1.18 nothing
in the Submitted Material is or will be defamatory, trade libellous,
blasphemous, threatening, harassing, obscene, indecent, illegally pornographic,
discriminatory, fraudulent, offensive or harmful;
12.1.19 nothing
in the Submitted Material contains any overt or surreptitious product placement
or advertising of any product or service or use of any brand, logo, trade name,
trade mark or service mark, or is any way used by You for any business or
commercial purpose;
12.1.20 nothing
in the Submitted Material contains or features any Sound or third party
Intellectual Property Rights (even if it is incidental) which (if broadcast or
displayed) may oblige Us to pay a royalty to a third party;
12.1.21 nothing
in the Submitted Material, if followed accurately, could: (a) constitute a
criminal offence; or (b) breach any law, statute, rule, regulation, byelaw or
code of practice; or (c) cause any injury, illness or damage to the user or any
third party;
12.1.22 no one
was injured or adversely affected in the course of the creation of the
Submitted Material;
12.1.23 You do
not have any arrangements or relationships which conflict with Your ability to
fully and properly perform Your obligations under these Terms and Conditions or
any applicable Additional Terms and Conditions;
12.1.24 You are
not insolvent or unable to pay Your debts, no order has been made or petition
presented or resolution passed for Your bankruptcy and no one is currently
appointed to look after Your affairs;
12.1.25 You
shall not engage in any conduct detrimental to Us or which may be contrary to
Our interests; and
12.1.26 You
shall immediately inform Us if You become aware of anything done by anyone
which We could consider may harm Our interests.
12.2 Without
prejudice to any other right or remedy that We may have, You shall indemnify
and keep fully indemnified Us against any and all losses, liabilities, damages,
proceedings, claims, costs, charges and expenses suffered or incurred by Us as
a result of any breach by You of these Terms and Conditions (including this
Clause 12) and any applicable Additional Terms and
Conditions.
12.3 You
acknowledge that if We consider that any Submitted Material may at any time not
accord with all applicable laws, rules, regulations, byelaws and codes of
practice and best practice in the United Kingdom, We may disclose the Submitted
Material and Your and any Participants' roles in it to any authority (including
the police).
13.1 We
shall provide the Service using reasonable skill and care, but We make no
warranty that the Service will be provided or available at any particular time
or for any particular period or that the Fame TV Website will have any
particular uptimes or bandwidth. We make no warranty that
Your access to the Service generally or the Fame TV Channel or Fame TV Website
will be uninterrupted, timely, secure or error-free.
13.2 Access
to the Service generally or the Fame TV Channel or Fame TV Website may be
suspended to You personally or to all users temporarily or permanently ay any
time without notice. We may also impose restrictions at
any time and without notice on the length and manner of usage of the Service
generally or the Fame TV Channel or Fame TV Website for any reason.
13.3 We
do not warrant that the Service generally or the Fame TV Channel or Fame TV
Website will be compatible with any hardware, software, device or equipment
which You may use.
13.4 We
shall not have any Liability for damage to, or viruses or other code that may
affect, any hardware, software, data, device or equipment as a result of Your
access to, downloading of, use of or browsing of, the Service generally or the
Fame TV Channel or Fame TV Website or any communication sent (or purported to
have been sent) by Us.
13.5 Irrespective
of whether or not We publish any Submitted Material, We do not make any
warranty that the Submitted Material will be confidential.
13.6 We
shall not have any Liability for any actions of any third party in breaching
any security measures.
13.7 You
shall be fully responsible and liable to Us and any third party for anything
done through or via Your Mobile Phone Number or in your name.
13.8 We
accept no responsibility for the content, actions or operations of any third
party operated business, site or service contained or referred to in or through
a link or reference from or on the Fame TV Channel, Fame TV Website or
communication from Us. Any such links and references are
provided “as is” with no warranty, express or implied, for the
information or content provided within them.
13.9 Any
dealings between You and any third party found on or via the Fame TV Channel or
Fame TV Website or communication from Us, are made between You and the relevant
third party. We are not responsible for any loss or
damage as a result of any such dealings.
13.10 You acknowledge that third
parties may comment and provide Submitted Material in respect of Your Submitted
Material. You acknowledge that We shall not have any
Liability for any Content or Text To Screen Texts provided to Us by any third
party. The views, comments, suggestions, advice,
recommendations, opinions and acts on any Content or Text To Screen Texts are
those of the authors and do not necessarily reflect Our views, comments,
suggestions, advice, recommendations, opinions or acts or those of any of Our
officers, employees, agents or representatives. If You
have a cause of action for anything which they create or submit to Us, You
agree to take action against the person who created or submitted the Content or
Text To Screen Text directly and not against Us.
13.11 You acknowledge that the
Content and Text To Screen Texts and Service generally may contain information
and material which some people find objectionable, inappropriate, offensive,
indecent, untrue or a misrepresentation. Except to the
extent that we have any civil or criminal liability by reason of a breach of
statute, regulation or byelaw or code of practice, We shall not have any
liability to You in respect of that information or material.
13.12 Your Use of the Service and
any suggestion or information in any Content or Text To Screen Text is at Your
risk. Subject to the rest of this Clause 13,
We disclaim any and all responsibility and liability for:
13.12.1 the
accuracy, completeness, reliability, usefulness or safety of, or third party
rights in, the Content and Text To Screen Texts; and
13.12.2 anything
which You do to copy or follow what is recommended, suggested or advised in any
Content or Text To Screen Text.
13.13 Except where expressly
provided for within these Terms and Conditions (or any applicable Additional
Terms and Conditions), We exclude all conditions, warranties and terms, whether
express or implied by statute, common law or otherwise, to the fullest extent
permitted by law in respect of the Service.
13.14.1 performance,
non-performance, purported performance, delay in performance or mis-performance
of the Service; or
13.14.2 otherwise
in relation to these Terms and Conditions or agreeing to these Terms and
Conditions.
13.15.1 Our
fraud; or
13.15.2 death
or personal injury caused by Our Breach of Duty; or
13.15.3
any other Liability which cannot be
excluded or limited by applicable law.
13.16 Subject to Clause
13.15, We do not accept and We hereby exclude any Liability for
Breach of Duty other than any liability arising pursuant to these Terms and
Conditions.
13.17 Subject to Clause
13.15, We shall not have any Liability to You in respect of any:
13.17.1 indirect
or consequential losses, damages, costs or expenses;
13.17.3 loss of
contracts;
13.17.4 loss of
use of money;
13.17.5 loss of
anticipated savings;
13.17.6 loss of
revenue;
13.17.7 loss of
goodwill;
13.17.8 loss of
reputation;
13.17.9 loss of
business;
13.17.10 loss of operation time;
13.17.11 loss of opportunity; or
suffered by You in respect of the
Service whether or not those losses were reasonably foreseeable or We or Our
agents had been advised of the possibility of You incurring those losses.
For the avoidance of doubt, Clauses 13.17.2 to
13.17.12 apply whether such losses are direct, indirect,
consequential or otherwise.
13.19 The limitation of Liability
under Clause 13.18 has effect in relation both to any
Liability expressly provided for under these Terms and Conditions and to any
Liability arising by reason of the invalidity or unenforceability of any
provision in these Terms and Conditions.
13.20.1 "Breach
of Duty" means the breach of any (i) obligation arising from the express
or implied terms of a contract