ConstantComedy LLP Terms of Use
Please read the following Terms of Use
("Terms") carefully as the Terms provide information on how your material will
be used.
IMPORTANT NOTICE
By providing Content
(as defined at paragraph 6 below) to ConstantComedy LLP ("ConstantComedy") and www.constantcomedy.com
("Site") you confirm such Content is:
| (a) |
your own work and not copied from anyone else and |
| (b) |
not defamatory, obscene, indecent, harassing or threatening. |
You must also
have the consent of anyone featured in the Content to provide this to ConstantComedy.
You will still
own the Content you provide to ConstantComedy or the
Site (unless agreed otherwise with you in writing) but by providing Content you
agree that ConstantComedy may make this Content
available on the Site and any other media, which may include other internet Sites,
mobile, television or radio. Please read and make sure you understand the
remaining Terms of Use set out below.
1. YOUR OBLIGATIONS
If
you are seeking to upload Content (as defined in paragraph 6 below) to the Site
or to engage in any activities within the Site other than passively viewing
Site Content, you must register with the Site and become a Registered User ("Registered
User"). To become a Registered User, you must accept these Terms and the
Privacy Policy and agree to be bound by them.
Visitors
to the Site that merely wish to view Content do not need to become Registered. However, any use of the Site (which includes
simply viewing the Site's Content) constitutes acknowledgement and acceptance
of these Terms and the Privacy Policy, which takes effect the moment you first
use the Site.
ConstantComedy reserves the right to change these Terms at any time by posting changes on the
Site and it is your responsibility to refer to and comply with these Terms each
time you access the Site. Your continued use of this Site after changes are
posted constitutes your acceptance of these Terms as modified.
If
you do not accept these Terms in full then you do not have permission to access
the Content and you should stop using the Site immediately. If there is any
conflict between these Terms and rules and/or specific Terms of use appearing
on the Site [or elsewhere] relating to specific material then the specific Terms
of use shall prevail.
2. TERMS OF USE
You
agree to use the Site only for lawful purposes, in a way that does not
improperly infringe the rights of, or restrict or inhibit the use and enjoyment
of, the Site by any third party. Such restriction or inhibition includes conduct
which is libellous, or which may harass, cause
distress or inconvenience to any person and the transmission of obscene or
offensive Content or interruption of the normal flow of dialogue within the
Site.
You
may not copy, reproduce, republish, download, post, broadcast, transmit, make
available to the public or otherwise use the Site or its Content in any way except for your own personal non-commercial use. You also
agree not to adapt, alter or create a derivative work from any Content on the
Site except for your own personal non-commercial use. Any other use of Site Content
requires the prior written permission of ConstantComedy.
ConstantComedy does not undertake to broadcast or otherwise make available your Content. ConstantComedy may reject any Content at its discretion and
its decisions are final.
ConstantComedy may (at its sole discretion) remove certain Content or disable access to Content that appears to be legally or otherwise problematic.
You hereby consent to ConstantComedy editing all reviews
that you may post onto the Site in any way ConstantComedy deems fit.
3. AGE
OF CONSENT
You must be 16 years of age or over or
possess legal parental or guardian consent and are therefore fully able and
competent to understand and be bound by the Terms, conditions and obligations
set forth in these Terms of Use. You must be 16 years or over to have
full access to all Content.
People
under 16 are entitled to access the Site to view some of its Content and to Register. In any case
you warrant that you are over the age of 13, as the ConstantComedy website is not intended for children under this age. If you are under 13
please do not use the Site. Users without this consent are not allowed to provide us
with personal information. If ConstantComedy discover or have any reason to suspect
that you have not attained the age of 16 and are accessing age restricted Content,
then ConstantComedy reserves the right to suspend or
terminate your registered use immediately and without notice.
4. DON'T TELL
ANYONE YOUR PASSWORD!
When
you sign up as a Registered User, you will be asked to select a password you
can then use to access your account and log on to areas of the Site which are
reserved for Registered Users only. You accept that it is your sole responsibility
to maintain the confidentiality of your password and that you are responsible
for all activity that occurs under this. ConstantComedy is unable to check the identity of people using the Registered Users areas and
will not in any way be liable where your password is used by someone else. You
should make sure that you are the only person using your password.
You
agree to notify ConstantComedy immediately of any unauthorised use of your password and any other breach of
security as soon as you become aware of it.
5. YOUR PROMISE
You
agree and confirm that:
| 5.1. |
you are either
over 16 years of age or possess legal parental or guardian
consent and are therefore fully able and competent to understand and be bound
by the terms, conditions and obligations set forth in these Terms of Use. |
| 5.2. |
all information and details provided by you to ConstantComedy are accurate, true and up to date in all respects
and at all times |
| 5.3. |
any Content
you provide is original to you and you are fully entitled to provide it to ConstantComedy, nothing in the Content provided by you will
infringe the copyright or any other right of any person, breach any contract or
duty of confidence, be defamatory, obscene, indecent, harassing, threatening,
liable to incite racial hatred or may constitute a contempt of court or be
calculated to bring any broadcaster or other person into disrepute and all
facts expressed by you in the Content you provide are true to the best of your
knowledge and belief and, insofar as your Content contains any opinions, these
opinions are your own and are genuinely honestly and truly held by you; |
| 5.4. |
all Content you provide will comply with the House Rules
[INSERT LINK TO HOUSE RULES]; and |
| 5.5. |
you will at
all times comply fully with these Terms. |
In
addition, you agree to indemnify and keep indemnified ConstantComedy from and against all claims, damages, expenses, costs and liabilities
(including any legal fees in relation to the same) relating to or arising from
your Registered Use of the Site, your Content or arising from any breach or
suspected breach of these Terms by you or your violation of any law or the
rights of any third party.
6. HOW WILL CONSTANTCOMEDY
USE YOUR MATERIAL?
For
the purposes of these Terms, "Content" includes all creative Content
provided to ConstantComedy or uploaded onto the Site
by users i.e. videos, clips, pictures, reviews, comments, data posting and all
other user generated material. You will
still have the right to use your Content in any way you choose.
You
irrevocably and unconditionally agree that ConstantComedy (and third parties authorised by ConstantComedy)
may make your Content available on a non-exclusive basis throughout the world
in perpetuity on the Site and any other media, whether now known or invented in
the future, which may include other internet Sites, mobile, television and/or
radio and your Content may be made available with advertising or sponsorship.
You grant ConstantComedy (and third parties authorised by ConstantComedy) a
non-exclusive license to use, display, publish, transmit, copy, edit, alter,
store, re-format and sublicence your Content for such
purposes. ConstantComedy does not accept any
responsibility for use of your Content by third parties who are not authorised to use such Content.
You grant ConstantComedy the right to issue publicity concerning your Content and any material, service
or programme in which it may be included, and for
such purpose to use and reproduce your name and photograph (where these have
been provided to ConstantComedy) and the Content or
copies of your Content.
7.
INTELLECTUAL PROPERTY RIGHTS
All
names, images and logos identifying ConstantComedy and
all ConstantComedy associated companies or third
parties and their products and services are proprietary marks of ConstantComedy, its associated companies and/or third
parties. Nothing contained in these Terms shall be construed as conferring any licence or right under any copyright, trade mark, patent or
other intellectual property right of ConstantComedy,
its associated companies or any other third party unless expressly stated
otherwise.
All
copyright, trade marks and other intellectual property rights in the Site
(including the design, arrangement and look and feel) and all material or Content
supplied as part of the Site, other than Content and your data, shall remain at
all times the property of ConstantComedy.
In accessing the Site, you agree you do so only for your own
personal, non-commercial use. Unless otherwise stated, you may not copy,
reproduce, download, post, store (including in any other website), distribute,
transmit, broadcast, commercially exploit or modify in any way the Site's intellectual
property or permit or assist any third party to do the same.
Any
private information and/or data relating to your Content other than your data
(for which see the Privacy Policy) will only be used by Constant Comedy and its
assignees and licensees of the Content, subcontractors, employees, agents and
advisors (including legal advisors) as part of the process of administering
your use of the Site and when making decisions whether any Content you seek to
upload onto the Site should be accepted or rejected. In addition, ConstantComedy may at its discretion disclose this
information to the police, regulatory bodies or any legal advisers in
connection with any alleged criminal offence or suspected breach of these Terms
by you or otherwise where required by law. Otherwise, this information will be
kept private and confidential and will not be passed on to third parties
without your express consent.
8.
COMPLAINTS PROCEDURE
If
you believe that any of your rights have been violated please provide ConstantComedy with the following information immediately:
| • |
The exact nature
of your complaint and a detailed description of where the material about which
you complain is located within the Site; |
| • |
In the case
of a copyright dispute, identification of the copyrighted work that you claim
has been infringed and a statement by you that you have a good-faith belief
that the disputed use is not authorised by the
copyright owner, its agent, or the law; |
| • |
Your name, address, telephone
number and email address; |
| • |
A written statement
by you that the above information is accurate and, in the case of a copyright
dispute that you are the owner of the copyright interest involved or are authorised to act on behalf of that owner; and |
| • |
Your
electronic or physical signature. |
ConstantComedy can be contacted as follows: Email: info@constantcomedy.com Address: ConstantComedy LLP,
112 – 114 Lisburn Road,
Belfast,
BT9 6AH, U.K
9. THIRD PARTY
SITES/LINKS
ConstantComedy is not responsible for the availability or Content of any third party websites
or material you access through the Site. If you do decide to visit any linked Site,
you do so at your own risk and it is your responsibility to take all protective
measures to guard against viruses or other destructive elements. ConstantComedy does not endorse and is not responsible or
liable for any Content, advertising, products, services or information on or
available from third party webSites or material
(including payment for and delivery of such products or services). ConstantComedy is not responsible for any damage, loss or
offence caused by or, in connection with, any Content, advertising, products,
services or information available on such webSites or
material. Any Terms, conditions, warranties or representations associated with
such dealings, are solely between you and the relevant provider of the service.
ConstantComedy disclaims all liability for any legal or other consequences (including for
infringement of third party rights) of links made to the Site.
Links
do not imply that ConstantComedy, is affiliated or
associated with any linked Site, or is legally authorised to use any trademark, trade name, logo or copyright symbol displayed in or
accessible through the links, or that any linked Site is authorised to use any trademark, trade name, logo or copyright symbol of ConstantComedy or any of its affiliates or subsidiaries. ConstantComedy reserves the right to request that links are
removed at any time.
10. DISCLAIMER/LIMITATION
OF LIABILITY
The
Site and the information, names, images, pictures, logos, Content and icons
relating to ConstantComedy and/or any of ConstantComedy associated companies, products and services
(or to third party products and services), are provided 'AS IS' and on an 'AS
AVAILABLE' basis without any representation or endorsement being made and
without warranty of any kind, including but not limited to the implied
warranties of satisfactory quality, fitness for a particular purpose,
non-infringement, compatibility, security and accuracy.
The
information and other materials included on the Site may contain inaccuracies
and typographical errors. ConstantComedy does not
warrant the accuracy or completeness of the information and materials or the
reliability of any statement or other information displayed or distributed
through the Site (including, without limitation, the information provided
through the use of any software). You acknowledge that any reliance on any such
statement or information shall be at your sole risk. ConstantComedy reserves the right, in its sole discretion, to correct any errors or omissions
in any part of the Site and to make changes to the Site and to the materials,
products, programs, services, Content or prices described in the Site at any
time without notice. In no event will ConstantComedy and/or
third parties be liable for any damages including errors or omissions, indirect
or consequential damages or any damages whatsoever arising from use or loss of
use, data or profits, whether in action of contract, negligence or other
action, arising out of or in connection with the use of the Site. These
exclusions do not apply to death or personal injury caused by ConstantComedy’s negligence and only apply to
the extent permitted by law.
ConstantComedy does not warrant that the functions contained in the Site will be uninterrupted
or error free or that defects will be corrected or
that the Site or the server that makes it available are free of viruses or
bugs. ConstantComedy does not represent the full
functionality, accuracy or reliability of any material. ConstantComedy may terminate, change, suspend or discontinue any aspect of the Site, including
the availability of any features of the Site, at any time without notice or
liability.
11. CONSTANTCOMEDY
PRODUCTS
Any
products and services mentioned in the Site are subject to availability and are
available at the sole discretion of ConstantComedy.
Furthermore, where applicable, all references to ConstantComedy products and services are intended to apply only in the
United Kingdom
.
12. LAW &
JURISDICTION
The
Terms shall be governed by and construed in accordance with the laws of
England
.
Disputes arising from the Site or the Terms shall be exclusively subject to the
exclusive jurisdiction of the courts of
England
.
Should
any of the Terms be determined to be illegal, invalid or otherwise unenforceable
by reason of the law of any state or country in which the Terms are intended to
be effective, then to the extent and within the jurisdiction in which that term
or condition is illegal, invalid or unenforceable, it shall be severed and
deleted from that clause and the remaining Terms of Use shall survive and
continue to be binding and enforceable.
ConstantComedy does not make any representation that materials on the Site are appropriate or
available for use at other locations outside of the
United Kingdom
and access to them
from territories where their Contents are illegal is strictly prohibited. If
you access the Site from a location outside of
England
and
Wales
,
you are responsible for compliance with all local laws.
13. ANY
QUESTIONS?
For further information please contact
us at info@constantcomedy.com
Address: ConstantComedy LLP,
112 – 114 Lisburn Road,
Belfast,
BT9 6AH, U.K