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Sky News

TERMS OF USE FOR SKY NEW YOUR VIDEOS

 

 

SKY NEWS YOUR VIDEOS USAGE POLICY

The Sky News Your Videos Usage Policy will apply to you and those who you allow to use the Service.

If you have any queries about the Sky News Your Videos Usage Policy, you can contact us by emailing messages@skynews.co.uk.

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

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

1.2         is defamatory, offensive or libellous;

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

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

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

1.6         has any fraudulent purpose or effect;

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

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

1.9         solicits personal or identifying information from any person;

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

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

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

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

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

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

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

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

1.18     promotes, condones or glamorises hooliganism or bullying;

1.19     condones or glamorises alcohol and drug abuse;

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

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

1.22     promotes or denotes cruelty to animals;

1.23     invades the personal privacy of individuals;

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

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

2.      If you wish to notify us of any Video which you believe is in breach of the Sky News Your Videos Usage Policy, click the ’Report as inappropriate’ flag icon displayed alongside the Video on the Sky News Your Video website page,. We may, in our absolute discretion, act on such notification but shall not be obliged to do so.

3.      If you have breached the Sky News Your Videos Usage Policy, or we reasonably suspect that you may have done so, then we may also:

·             notify and/or pass on the details of the breach of the Sky News Your Videos Usage Policy to any relevant government, statutory, self-regulatory or law enforcement authority;

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

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

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

 

TERMS OF USE

These rules apply to you when you upload your Video to and use the Sky News Your Videos and Sky News User Videos Channel on You Tube (together the “Service”). If you have any questions then have a look at our Sky News Your Videos FAQs.

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

HERE IS A SUMMARY OF THE MOST IMPORTANT BITS

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

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

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

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

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

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

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

Using your personal info

When you use the Service, you may choose to give us information which we will be able to use to contact you in the future to discuss broadcasting your Video. If you do not want us to use your personal information like this, then please do not fill in the information boxes.

Is it going to cost you anything?

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

THE REST OF THE LEGAL STUFF

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

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

1. Definitions

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

“Sky News User Videos Channel” means the channel on You Tube where you can view Videos and Sky Content http://www.youtube.com/skynewsuservideos;

“Sky News Website” means the website accessed at http://www.skynews.com;

“Sky News Your Videos” means the web pages in Sky News Website that allows Users to view your Video and provides the functionality to allow you to upload your Video;

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

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

“User[s]” means user of the Sky News Website and Service; and

“Video” means content submitted by you to Sky News Your Videos using the Service.

2. Uploading Your Video

2.1       To upload your Video to Sky News Your Videos, just click the “upload” button and follow the instructions. During the upload process you will be asked to provide your name, where your Video was filmed, Video title, a brief description of your Video content. This information will be displayed on the Sky News Your Videos and Sky News User Videos Channel if your upload is successful.

2.2       If your Video contains music, you must also provide us with the name of the artist(s) and the song titles(s) you have used. This information will not be displayed on Sky News Your Videos or Sky News User Videos Channel, but we will be unable to publish your video if it contains music and you do not provide us with this information. See the Sky News Your Videos FAQs for more information on using music in your Video.

2.3       We will also ask you to submit your email address and mobile phone number. This information will not be displayed on Sky News Your Videos or Sky News User Videos Channel and will be used to contact you to discuss your Video. You do not need to provide this information but we will not be able to consider the possibility of interviewing you if you do not provide it.

3. The Service

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

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

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

4. Your use of the Service

4.1       Your right to view the Video on the Service is for personal, private and non-commercial purposes.

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

            4.2.1    copy (except as permitted by law), redistribute or relay the whole or any part of the Videos or Sky Content featured in Sky News Your Videos and Sky News User Videos Channel; or

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

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

            4.2.4 use the Service for any improper or unlawful purpose.

4.3       You agree that you will:

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

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

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

5. Liability

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

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

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

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

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

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

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

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

                        (c) such loss or damage results from any breach by you of these Terms of Use;

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

            5.2.6 any Video or Sky Content; or

            5.2.7 any other factor that is outside our reasonable control.

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

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

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

            5.4.2 your breach of these Terms of Use.

6. Copyright, Trade Marks and Intellectual Property

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

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

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

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

6.5       By submitting your Video to the Service you warrant that:

            6.5.1 the Video is your own original work;

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

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

            6.5.4 your Video does not violate anyone’s right of privacy or publicity;

            6.5.5 your Video complies with the Sky News Your Videos Usage Policy; and

            6.5.6 your Video does not contain anything which is defamatory, libellous or offensive.

7. Promotions and Advertising

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

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

8. Links to Third Party sites

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

9. Moderation

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

9.2       You may notify us of any Video which you believe is in breach of these Terms of Use and/or the Sky News Your Videos Usage Policy by clicking on the ‘Report this as inappropriate” icon flag displayed alongside the Video on the Sky News Your Videos website pages, or by emailing us at messages@skynews.co.uk . We may, in our absolute discretion, act on such notification but we are not obliged to do so.

10. Privacy and Personal Information

10.1     By using the Service and having provided us with your email address and/or mobile number, you confirm that any member of the British Sky Broadcasting group may use and share information we hold about you with other companies in the group for market research and the marketing of Sky’s products and services. This may include sending you marketing by email or SMS about the Service or other similar products and services unless you advise us of your preference not to receive such forms of marketing, by going to http://news.sky.com/skynews/Static-Pages/Privacy and following relevant instructions or use the Sky News feedback form             http://news.sky.com/skynews/Static-Pages/Privacy.

10.2     Information held by the British Sky Broadcasting group about you may also be shared with other companies outside the group, including for sales and marketing purposes and for market research on products and services, unless you advise us of your preference not to share such information with such third party companies by going to http://news.sky.com/skynews/Static-Pages/Privacy and following relevant instructions or use the Sky News feedback form http://news.sky.com/skynews/Static-Pages/Privacy.  

10.3     Alternatively if you do not want to receive marketing by email or SMS, or us to share information about you with companies outside the British Sky   Broadcasting group, then please email us at: messages@skynews.co.uk.

11. Changes to these Terms and Conditions

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

12. Right to Transfer and Third Parties

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

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

13. Law

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

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