Terms of Use

Important

In consideration of your using the services and by accessing this site you signify your agreement with and understanding of the following terms of use and legal restrictions pertaining to both this site and the material in it and any material that you upload.

This web site is owned and operated by Octopus TV Ltd. All rights reserved. By accessing or using the site, you agree to the terms set out in this Terms of Use agreement. You should check this web site periodically for any update to see if it has changed. You accept that you will have no claim for breach of contract or otherwise in respect of any such alteration. Your access to and use of this web site will mean that you agree to be bound by the most current version of the Terms.

You agree that you have read and understood these Terms.

These Terms were last updated on 1st August 2008.

By uploading your video and other content (The Content) you confirm that you accept and agree to comply with the Terms. When you submit your video and other content, all rights must be cleared. This means it is either all your own original work or that you have obtained all necessary permissions and consents including from anyone who appears in it and for the use of any brands, art work, photographs, stills, videos, music and any other copyright works. In consideration of your using the site and the services you hereby grant Octopus TV, its affiliates and licensees an irrevocable right to publish, display and/or use the Content or any of its elements in any way it sees fit in any and all media throughout the world and by any means whether now known or hereafter devised. You acknowledge that no payment shall be owed by Octopus TV and/or any third party in respect of use of the Content. You accept that Octopus TV shall be under no obligation to use the Content or in the event Octopus TV uses the Content by any means, Octopus TV shall not be obliged to give you any form of credit but may chose to state your name and/or location. You agree Octopus TV will not be obliged to return any Content submitted by you and you will be solely responsible for keeping any backup copies. Representations and warranties

You represent and warrant that:

1. you are eighteen or over;
2. you own or control all copyright, moral rights, image rights and all other necessary rights in the Content and that you have the right to use and/or license the use of the Content and shall obtain and maintain such clearances, consents, licences and approvals as may be necessary and/or desirable from all third parties for the content to be used in any and all media and by any and all means throughout the world and can provide evidence of such permissions to Octopus TV if requested;
3. you are and will continue to be fully entitled to enter into this Agreement, to perform the obligations and to grant the rights herein granted free and clear of any and all claims and/or encumbrances to enable Octopus TV and its licensees to fully exercise the same by any and all means and in any and all media whether now known or hereafter invented without payment to any third party;
4. the Content will not include any material which is defamatory, blasphemous, obscene, is illegal or otherwise infringes the rights of any third party;
5. you will not do or omit to do any act which might reflect adversely on Octopus TV or its licensees, nor permit any action which might impair or harm the rights and interests of Octopus TV;
6. you have not and will not enter into any agreement, commitment or other arrangement which is or could be inconsistent with the terms of this Agreement or which may adversely affect any of the rights herein granted;
7. you shall comply with all applicable laws and regulations;
8. you will use the web site and Octopus TV’s services only for lawful purposes and strictly in accordance with the Terms and you will not submit, publish or display any content that breaches any law, statute or regulation. In particular, you agree not to: a) use the services or the web site in any way to send unsolicited commercial email or "spam" or any similar abuse; b) send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities; c) publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any rights - including without limitation any intellectual property rights; d) threaten, abuse, disrupt or otherwise violate the rights - including rights of privacy and publicity - of others; e) engage in illegal or unlawful activities via the web site; f) make available or upload files to the web site that contain a virus, worm, trojan or corrupt data; or g) obtain or attempt to obtain access, through whatever means, to areas of Octopus TV’s network or platform which are restricted or confidential;
9. you acknowledge that you have full responsibility for the Content and Octopus TV is not obliged to monitor, and will have no liability for, the Content or any communications transmitted;
10. you shall indemnify, defend and hold Octopus TV and their clients, agents, sub contractors and licensees harmless from and against any and all actions, causes of action, claims, proceedings and demands of whatsoever nature or kind, as well as from and against all damages, liabilities, obligations, losses, costs ( including legal costs), charges, penalties, fines, and expenses, and third party fees, arising out of or in connection with this Agreement, the exercise of the rights, use of the Content and/or as a consequence of a breach of any of your warranties or obligations.

2. Changes to the website

You acknowledge and accept that we may from time to time alter any aspect of this web site, or any of the services provided through the web site, as we think fit and without notice to you.

3. Downtime

3.1 You acknowledge and accept that computer and telecommunication systems are not fault free and may from time to time require a period of downtime (being periods during which the web site is not available to you) for the purposes of repair, maintenance and upgrading or otherwise.

3.2 We do not guarantee uninterrupted availability of the web site, but shall make reasonable efforts to minimise any periods during which the web site is not available. You accept that you will have no claim for breach of contract or otherwise in respect of any such period of unavailability.

4. Hypertext links

4.1 The web site may incorporate links to other web sites of third parties. Such links are provided for your convenience only, and their provision does not constitute an authorisation by us to you to access such third party web sites, nor an endorsement of the content of such third party web sites by us.

4.2 You acknowledge and accept that we are not, and will not be held responsible for any damages, loss, costs or expenses arising from the use of such third party web sites or products or services available through such third party web sites.

5. Costs & Security

Any costs and / or losses incurred or sustained by you as a result of transmitting information by any means will be borne solely and exclusively by you.

6. Privacy

You confirm that we will be entitled to use the details supplied by you to publicly identify you and your location including on any video or other content you upload. Other information you supply will be used in accordance with the Privacy Policy available on request

There are various technologies, including one-called "cookies" which can be used to provide you with tailored information from a website. A cookie is a small data file that certain websites write to your hard drive when you visit them. The only personal information a cookie can obtain is information a user supplies him or herself. A cookie can not read data off your hard disk or read cookie files created by other sites. Cookies, however, enhance our website performance in a number of ways including providing a secure way for us to verify your identity during your visit to our website and personalising your experience on our site making it more convenient for you. The web site uses cookies so that we can serve you better. You can refuse cookies by turning them off on your web browser and you do not need to have cookies turned on to successfully use our service. Most browsers are defaulted to accept and maintain cookies and you can set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it or not.

7. Intellectual property rights

7.1 This site contains material that is owned by or licensed to Octopus TV. You may not copy, reproduce, upload, post, distribute, republish, retransmit, or modify in any way any of the material on this site, including computer code and software.

7.2 All brand names, product names and titles used in this web site are trade names, and in some instances trade marks, of their respective holders. No permission is given in respect of use of any of the above, and such use may constitute an infringement of the holders’ rights.

7.3 In addition to the other rights herein granted and for the avoidance of doubt by posting Content, messages, sending emails, inputting data, answering questions uploading data or files or otherwise communicating through this web site (Communication), you are granting us a perpetual, royalty free, unrestricted worldwide licence to use, display, sublicense, adapt, create derivative works from, transmit and copy such Communication and you waive your right to be identified as the author of such content and your right to object to derogatory treatment of it. The foregoing grant shall include the right to exploit any proprietary rights in such Communication, including but not limited to rights under trade mark, copyright, service mark or patent laws in any jurisdiction in any media.

8. Limitations of liability / Disclaimer

Octopus TV accept no responsibility for and exclude all liability in connection with browsing this site, use of information on this site and downloading any material from it, including but not limited to, any liability for errors, inaccuracies, omissions or misleading or defamatory statements. Views expressed in any Content on the website are those of the contributors and do not necessarily represent the views of Octopus TV. Whilst we hope you find the contents of this website interesting and informative, the contents are for general information only. We believe the contents to be true and accurate as at the date of writing but can give no assurances or warranties regarding the accuracy, currency or applicability of any of the contents in relation to specific situations and particular circumstances. As our websites often provide links to third party websites, such as those of our business partners and on-line advertisers, users should review their respective privacy policies to learn more about, what, why and how they collect and use personally identifiable information. TO THE FULLEST EXTENT PERMITTED AT LAW THE SERVICE AND MATERIALS ON THIS WEBSITE ARE PROVIDED "AS IS" AND OCTOPUS TV EXPRESSLY MAKE NO AND EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES - EXPRESS OR IMPLIED - OF ANY KIND INCLUDING BUT NOT LIMITED TO WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE OR ANY MATERIALS. EXCEPT IN RESPECT OF DEATH OR PERSONAL INJURY ARISING FROM NEGLIGENCE, OCTOPUS TV HEREBY EXCLUDE LIABILITY FOR ANY CLAIMS, LOSSES, DEMANDS OR DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO ANY INFORMATION AND/OR SERVICES PROVIDED ON OUR WEBSITE INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES, COMPENSATORY DAMAGES OR LOSS OF PROFITS OR DATA HOWSOEVER ARISING. IN ADDITION, OCTOPUS TV DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEBSITE IS ACCURATE, COMPLETE OR CURRENT. To the fullest extent permitted at law, neither Octopus TV, any affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this web site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence or any other liability that can not be excluded under the law.

9. General

9.1 Our failure to insist upon the strict performance of any of your obligations under the Terms will not be construed as a waiver and will not affect our rights to require strict performance of such obligations.

9.2 If any provision of the Terms or part thereof is found to be invalid or unenforceable, the invalidity or unenforceability of such provision or part will not affect any other provision or the remainder of the provision in which such invalid or unenforceable part is contained, which will remain in full force and effect.

9.3 These terms and conditions will be governed by and construed in accordance with English law and the parties will submit to the exclusive jurisdiction of the English courts.

9.4 Neither Octopus TV Ltd. nor our affiliates make any representation that materials on this web site are appropriate or available for use in locations outside the United Kingdom, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this web site from other locations do so on their own initiative and are responsible for compliance with local laws.

10. Termination

This agreement may be terminated by us at any time without notice without prejudice to the rights granted to us. In the event of termination, you are no longer authorised to have access to the site and all limitations on our liability and on your use of our material shall survive. These Terms, along with any additional rules or conditions referred to herein and the Privacy Policy constitute the entire agreements and understanding between you and us as to your use of this web site superseding all prior or contemporaneous communications and/or proposals.

11. Comments on how we may improve our service to you

We aim to provide outstanding customer service. If you have any comments about the service you have received from us, please Contact Us.