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Terms of Use
Background:
You Report Ltd is the provider of Youreporttv.com, a website which facilitates the uploading and downloading of user-generated news content for people aged thirteen years and over. These terms govern the legal relationship between you, the user, and You Report Ltd, the Company. Please read them carefully and seek independent legal advice if appropriate before using the website.
Clause:
1 - Interpretation:
1.1 - The following words and phrases have the following meanings unless otherwise required by the context or by law:
'The Company' - means You Report Ltd a limited Company registered in England and Wales Company Registration No.: 06471094 whose registered office is at 64 Great Eastern Street, London EC2A 3QR United Kingdom Its officers, employees and agents.
'User' - means anyone who uploads content to or downloads content from the website
'The website' - means www.Youreporttv.com
'The Partnership Program' - means the programmeProgram under which users can earn revenue from their uploads
'Content' - means without limitation any text, software, scripts, graphics, photos, sounds, music, videos and interactive features including but not limited to user submissions
'User submission' - means any content uploaded to the website by any user
'Third party site' - means any external website to which links appear on the website other than any site owned or operated by the Company
'Other users' - means other users of the website
'Distribution' - means distribution to other users and third parties
'Decompilation' - includes but is not limited to making clips or otherwise separating and/or reordering content
'Mark' - means any trademark, service mark or logo
'Advertiser' - means anyone placing any advertisement on the website
'Data Protection Act 1998 as amended' - means the Act of that name as enacted by the UK parliament
1.2 - Words denoting the singular also include the plural and words denoting one gender include all genders.
1.3 - Clause numbers refer to clauses within this document and are included for convenience only. They are not intended to affect the construction of these terms.
2 - Accessing the Website:
2.1 - User Information - Warrantee:
When setting up an account or otherwise using the website you warrant that you have taken all reasonable steps to ensure that the information you submit to the Company is complete and accurate.
2.2 - Third Party Accounts:
You agree that you will not access the account of any other user or otherwise use the access information relating to any other user without that user's prior consent.
2.3 - Nature and Purpose of Use:
You hereby warrant that:
Your use of the Website is solely for your personal, noncommercial use; you will not copy, distribute, or modify any part of the Website without the Company's prior written authorization; you will not send unsolicited or unauthorized advertisements, spam, chain letters, etc., you will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; you will not disrupt servers or networks
2.4 - Indemnity:
You indemnify the Company against any losses howsoever arising from any breach of 2.1, 2 and/or 2.3 above.
3 - General:
3.1 - Company's Rights:
The content including but not limited to all User Submissions is owned by or licensed to the Company (see 4.2 below). The content is provided to you "AS IS" for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, reverse engineered, de-compiled, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Company.
3.2 - Download and Retention of Content:
If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.
3.3 - Security Features of the Website:
You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website.
3.4 - Copyright Enfringement:
The Company accepts no liability whatsoever for any losses howsoever arising from any enfringement of copyright of any user or any third party. However any user who has reason to believe that the presence of any content on the website enfringes their own or any third party's copyright should contact the Company's copyright agent via copyright@youreporttv.com
4 - Uploads:
4.1 - Warrantees:
When you upload content to the website you warrant to the Company that you have taken all reasonable steps to ensure that:
4.1.1 - Intellectual Property:
You are the legal owner of all intellectual property rights in the content or you are licensed by the legal owner of such rights to upload the content. Intellectual property rights include but are not limited to:
Copyright
Trademarks and
Design rights.
4.1.2 - Prohibited Material:
The content does not contain any material prohibited by the website because it is: obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, encourages criminal conduct, encourages any violation of civil law or is otherwise unlawful or inappropriate.
4.2 - Licenses:
4.2.1 - the company:
Except when you participate in the Partnership Program by uploading content to the website you grant to the Company a non-exclusive, worldwide, royalty-free license to use the content including but not limited to any marks contained therein for purposes including but not limited to distribution and decompilation.
4.2.2 - Other Users:
By uploading content to the website you grant to other users a non-exclusive, worldwide, royalty-free license to use the content including but not limited to any marks contained therein for personal use only.
4.3 - Retention of Rights:
Except where you participate in the Partnership Program and subject to the licenses referred to in 4.2 (above) you retain all intellectual property and other rights in the content at all times.
4.4 - Indemnity:
You agree to indemnify the Company in full for any losses howsoever arising from your failure whether deliberate or negligent in respect of any of the warrantees contained in 3.1 (above) and for any other breach of these terms by you.
4.5 - Removal of Content:
4.5.1 - By Company:
The Company reserves the right to remove any content you have uploaded and to terminate your access to the website at any time without notice if you fail either deliberately or negligently in respect of any of the warrantees contained in 4.1 (above) you otherwise breach these terms and conditions or despite your having taken all reasonable steps the content contains prohibited material.
4.5.2 - By User:
You may request the removal of any content uploaded by you at any time by submitting it in writing (including email) to the company. Upon receipt of any such request the Company will use its best endeavors to remove the relevant content promptly. When such content is removed the license granted to the Company in 4.2.1 above will automatically be revoked.
5 - Limitations and Exclusions:
5.1 - Third Party Websites:
The Company does not endorse third party websites and can accept no liability whatsoever for any losses howsoever arising from any content viewed thereon or any other use of such websites.
5.2 - Advertising:
The Company does not endorse any products or services advertised on the website and can accept no liability whatsoever for any losses arising from any transaction with any advertiser.
5.3 - User Submissions:
Publication on the website of any user submission is not an endorsement of the submission. The Company offers no guarantees as to the accuracy, usefulness, safety, decency, morality, lawfulness, appropriateness, or intellectual property rights contained within or relating to such User Submissions. The Company can accept no liability whatsoever for any losses howsoever arising from the viewing, downloading or other access to any such user submissions.
5.4 - Other Content:
Where content other than user submissions appears on the website the Company can accept no liability whatsoever for any losses howsoever arising from the viewing, downloading, or other access to any such content.
5.5 - Third Parties:
The Company can accept no liability whatsoever for any losses howsoever arising from any act or omission of third parties including but not limited to:
any interruption to or cessation of access to the website or any part thereof
any interruption to or cessation of transmission to and from the website or any part thereof any unauthorized access to or use of the Company's servers and/ or any and all personal information and/ or financial information stored therein and bugs, viruses, Trojan horses, or the like which may be transmitted to or through the website by any third party, and/ or
5.6 - Force Majeur:
The Company can accept no liability whatsoever for any losses howsoever arising from any use of the website due to: Fire, flood, military action, paramilitary action, act of war, act of nature or any other act or omission beyond its reasonable control.
5.7 - Damages:
In any event the Company hereby excludes to the fullest extent permitted by law any and all liability to pay any direct, indirect, incidental, special, punitive, or consequential damages.
6 - Indemnity:
You understand that use of the website is entirely at your own risk and You agree to defend, indemnify and hold the Company harmless from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to legal fees) arising from
your use of the Website
your breach of these Terms & Conditions
your breach of any additional terms which may apply to any User Submission by you
any violation by you of any third party right, including without limitation any copyright, property, publicity or privacy right
any claim that one of your User Submissions caused damage to a third party. This defence and indemnification obligation will survive these Terms & Conditions and your use of the Website.
7 - Capacity to Enter into a Legally Binding Contract:
You affirm that you are either more than 18 years of age or possess legal parental or guardian consent to enter into these Terms & Conditions, and to comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website-there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
8 - Waiver:
No waiver of any right or responsibility contained within these Terms & Conditions shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
9 - Data Protection:
The Company processes all personal data in accordance with the Data Protection Act 1998 as amended.
10 - Construction, Governing Law and Jurisdiction:
The Company and the Website are based in England and Wales. These terms and conditions shall be construed in accordance with and governed by the law of England and Wales and shall be subject to the exclusive jurisdiction of the courts of England and Wales.
11 - Severance:
If any clause or part thereof of these terms and conditions is found by a court of competent jurisdiction to be illegal or otherwise enforceable it shall be severed and the remainder shall continue in full force and effect as though the illegal or unenforceable part had never been enacted.
12 - Amendment:
The Company reserves the right to amend these Terms & Conditions at any time and without notice, and it is your responsibility to review these Terms & Conditions for any changes. Your use of the Website following any amendment of these Terms & Conditions will signify your assent to and acceptance of its revised terms.
13 - Assignment:
Your rights and responsibilities as set out in the agreement are exclusive to you and are not assignable to any other party under any circumstances whatsoever. The Company may assign or otherwise transfer any of its rights and responsibilities as set out in the agreement at any time during the life of the agreement.
14 - Scope of These Terms:
These terms apply without exception to any and every visit to and use of the website, use of the website at any time.
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