Fame TV Terms and Conditions ("Terms and Conditions")

1.                 Introduction

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

2.3              When You click on the link or section on the Fame TV Website for submitting Content to Us, You must register certain details by scrolling through these Terms and Conditions (and any other applicable Additional Terms and Conditions), registering Your Mobile Phone Number and name and clicking on the "I accept" button or ticking the relevant box to show you accept these Terms and Conditions. If You are under the age of 18, You must get Your parent or guardian to complete the relevant details and to click the "I accept" button or tick the relevant box.

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.

2.8              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.

MMS submissions

2.9              You may submit an MMS containing Your File and the words “I Agree” (to indicate your acceptance of the Terms and Conditions to short code 83263 (or such other short code as We advertise for that purpose from time to time). If You are under the age of 18, You must get Your parent or guardian to send the MMS.

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.

2.12          Following Our receipt of Your SMS At Standard Network Rates, We shall send to You an SMS At Standard Network Rates detailing whether or not the Content within Your File has passed Moderation. If Your File has passed Moderation, that SMS At Standard Network Rates may also contain the Voting Code for the Content within Your File.

Postal Submissions

2.13          You may send to the postal address described on the Fame TV Website:

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.

2.14          Following Our receipt of Your postal submission, We shall send to You an SMS At Standard Network Rates detailing whether or not the Content within Your File has passed Moderation. If Your File has passed Moderation, that SMS At Standard Network Rates may also contain the Voting Code for the Content within Your File.

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

3.5              If a Clip is being shown on a Clip Screen on the Fame TV Channel, then viewers may decide whether to take part in Vote On or Vote Off for that Clip.

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

4.1              You may send and update to Us on short code 83263 (or such other short code as We advertise for that purpose from time to time) a Premium SMS (with the premium element being £1) with your Buddy List. Each Buddy will be sent an SMS At Standard Network Rates asking them to confirm whether they wish to opt-in or opt-out from being on Your Buddy List.

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.                 Intellectual Property Rights

9.1              You retain all of your ownership rights in your Submitted Material. However, in agreeing to these Terms and Conditions, by submitting the Submitted Material to Us, you hereby grant to Us a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform the Submitted Material in connection with the Fame TV Channel and Fame TV Website and Our (and our successor's) business, including for promoting and redistributing part or all of the Fame TV Channel and/or Fame TV Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each viewer of the Fame TV Channel and each user of the Fame TV Website a non-exclusive licence to access your Submitted Material and to use, reproduce, distribute, prepare derivative works of, display and perform such Submitted Material generally. The foregoing licence granted by you is perpetual. Also, You waive all confidentiality in Submitted Material.

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          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.             Content Requirements

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.             Liability

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      Clauses 13.14 to 13.20 (inclusive) prevails over all other Clauses and sets forth Our entire Liability to You, and Your sole and exclusive remedies in respect of:

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      We do not exclude or limit Our Liability for:

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;

13.17.2         loss of actual or anticipated profits;

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

13.17.12     loss of, damage to or corruption of, data;

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.

13.18      Subject to Clause 13.15 and the exclusions and limits set out in the rest of these Terms and Conditions, the total aggregate Liability of Us to You in respect of loss or damage suffered by You shall be limited to the greater of: (a) £10; and (b) the total amounts paid, and total other amounts payable, by or on behalf of You in relation to the Service in the twelve months preceding the date on which Your claim first arose.

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      In this Clause 13:

13.20.1         "Breach of Duty" means the breach of any (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract or (ii) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty); and

13.20.2         "Liability" means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with any contracts relating to these Terms and Conditions, including liability expressly provided for under these Terms and Conditions or arising by reason of the invalidity or unenforceability of any term in these Terms and Conditions (and for the purposes of this Clause 13 all references to "these Terms and Conditions" shall be deemed to include any applicable Additional Terms and Conditions and any replacement or subsequent version of these Terms and Conditions or the Additional Terms and Conditions).

14.             Data protection

14.1          You agree that We may use any data collected from or on behalf of You for any purpose described in these Terms and Conditions and any applicable Additional Terms and Conditions. In agreeing to use the Service, You agree to Our use of that data in this way.

15.             Trade Marks

15.1          The Fame TV brands, logos, names, slogans, trade marks and service marks are the trade marks or service marks of Us or Our suppliers and You shall only use them in the context of Your receipt of the Service.

16.             Force Majeure

16.1          Except for obligations in respect of payment of any fees to Us, neither You nor We shall be liable for any breach, hindrance or delay in performance of Your or Our obligations under these Terms and Conditions which is caused by circumstances beyond Your or Our reasonable control including Act of God, actions of third parties (including hackers, Network Providers, suppliers, governments or supra-national authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public or private utility supplies (including electrical, network, telecoms or general Internet failure), shortage of or inability to obtain materials, equipment or transportation, regardless of whether the circumstances in question could have been foreseen.

16.2          The performance of Your and Our obligations shall be suspended during the period that the circumstances persist and You and We shall each be granted an extension of time for performance equal to the period of the delay.

17.             General

17.1          We shall keep a record of these Terms and Conditions and any applicable Additional Terms and Conditions until at least six years after Your Use of the Service. However, for Your future reference, You should print and keep a copy of these Terms and Conditions and any applicable Additional Terms and Conditions and any other communications with Us on any medium.

17.2          These Terms and Conditions and any applicable Additional Terms and Conditions exclude and shall prevail over any separate terms put forward by You. Any conditions that You submit, propose or stipulate in whatever form and at whatever time are expressly waived and excluded. No other terms or changes to the Terms and Conditions or Additional Terms and Conditions shall be binding unless expressly agreed in writing or electronically by Us.

17.3          We may change, add to or update the Service from time to time. These changes may be covered by these Terms and Conditions, a revised version of these Terms and Conditions and/or any applicable Additional Terms and Conditions.

17.4          Irrespective of any abridged terms and conditions or statements on the Fame TV Channel or Fame TV Website or any communication sent (or purported to have been sent) by Us, these Terms and Conditions (and any applicable Additional Terms and Conditions) contain all the terms and conditions and pricing information in relation to Your Use of the Service.

17.5          No failure or delay by either You or Us in exercising any right in relation to these Terms and Conditions (and any applicable Additional Terms and Conditions) shall operate as a waiver of that right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish Your or Our rights in relation to these Terms and Conditions (and any applicable Additional Terms and Conditions).

17.6          If any Clause or part of any Clause shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, that invalidity or unenforceability shall in no way affect any other Clause or part of any Clause, all of which shall remain in full force and effect, so long as the Terms and Conditions (and any applicable Additional Terms and Conditions) shall be capable of continuing in effect without the unenforceable term.

17.7          You shall not assign, transfer or charge or purport to assign, transfer or charge this Agreement or any of Your rights, liabilities or obligations in relation to these Terms and Conditions (and any applicable Additional Terms and Conditions) without Our prior written consent.

17.8          Nothing in the relationship between You and Us shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between You and Us.

17.9          No person other than You and Us has any rights under the Contracts (Rights of Third Parties) Act 1999 in respect of these Terms and Conditions (and any applicable Additional Terms and Conditions). No consent of any third party shall be needed for us to amend these terms.

17.10      These Terms and Conditions (and any applicable Additional Terms and Conditions) shall be governed by English law and You hereby submit to the exclusive jurisdiction of the English courts. All dealings, correspondence and contacts between You and Us shall be made or conducted in the English language.

17.11      We have used Our reasonable endeavours to ensure that the Service complies with English laws