TravelTalk.net Video Competition 2010 Terms & Conditions, & Conditions of Entry

1. Your relationship with MC Communications (UK)

1.1 Your use of the TravelTalk.net website (the "Website") and any products, software and services, including entry to the TravelTalk.net Video Competition, (the "Competition”) is subject to the Terms & Conditions of an agreement between you and MC Communications (UK) of 27 Victoria Road North, P05 1PL, UK.

1.2 Your agreement with MC Communications (UK) is made up of (A) the Terms & Conditions and conditions set out in this document, (B) MC Communications (UK)'s Privacy Policy 

1.3 The Terms & Conditions apply to all users of the Website, including users who are also contributors of video content, information, and other materials or services to MC Communications (UK).

2. Accepting the Terms & Conditions

2.1 In order to use the Services, you must firstly agree to the Terms & Conditions. You may not use the Services if you do not accept the Terms & Conditions.

2.2 You can accept the Terms & Conditions by simply using the Services. You understand and agree that MC Communications (UK) will treat your use of the Services as acceptance of the Terms & Conditions from that point onwards.

2.3 You may not use the Services and may not accept the Terms & Conditions if you are a person who is either barred or otherwise legally prohibited from receiving or using the Services under the laws of the country in which you are resident or from which you access or use the Services.

3. Language of the Terms & Conditions

3.1 Where MC Communications (UK) provides you with a translation of the English language version of the Terms & Conditions, then the translation is provided for your convenience only and you agree that the English language versions of the Terms & Conditions will govern your relationship with MC Communications (UK).
3.2 If there is any contradiction between what the English language version of the Terms & Conditions says and what a translation says, then the English language version shall take precedence.

4. Changes to the Terms & Conditions

4.1 MC Communications (UK) may make changes to the Terms & Conditions from time to time. When these changes are made, MC Communications (UK) will make a new copy of the Terms & Conditions available.

4.2 You understand and agree that if you use the Services after the date on which the Terms & Conditions have changed, MC Communications (UK) will treat your use as acceptance of the updated Terms & Conditions.

4.3 You should check the Terms & Conditions regularly for changes

6. General restrictions on use

6.1 MC Communications (UK) hereby grants you permission to access and use the Website and the Services, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms & Conditions on your part:

1. you agree not to distribute any part of or parts of the Website, including but not limited to any Video Competition entries(as defined below), in any medium without MC Communications (UK)'s prior written authorisation;
2. you agree not to alter or modify any part of the Website or any of the Services
3. you agree not to access Video Competition entries(defined below) or other content made available on the Website (including MC Communications (UK) Content, as defined below) through any technology or means other than the video playback pages of the Website itself or such other means as MC Communications (UK) may explicitly designate for this purpose;
4. you agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Website or features that (i) prevent or restrict use or copying of any Video Competition entries or MC Communications (UK) Content or (ii) enforce limitations on use of the Website or the content accessible on the Website;
5. you agree not to use the Website or any Services for any commercial use, without the prior written authorisation of MC Communications (UK). Prohibited commercial uses shall include, without limitation:
1. the resale of access to the Website or any of the Services on another website for the primary purpose of gaining advertising or subscription revenue; and
2. the redistribution of the Services (including any Video Competition entries accessible through such Services) for the primary purpose of generating revenue from a substantially similar or comparable business enterprise to that carried on by MC Communications (UK),

but shall not include (i) uploading an original video to TravelTalk.net (ii) any use that is expressly authorised by MC Communications (UK) in writing;

6. you agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Website in a manner that sends more request messages or voting for a video entry to the MC Communications (UK) servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser;
   
   
7. you agree not to collect or harvest any personal data of any user of the Website or any Service.
   
   
8. you agree not to use the Website and the Services (including the comments and email features in the Website) for the solicitation of business in the course of trade or in connection with a commercial enterprise;
   
   
9. you agree not to solicit, for commercial purposes, any users of the Website with respect to their Video Competition entries and
10. you agree not to access Video Competition entries(as defined below) for any reason other than your personal, non-commercial use solely as intended through and permitted by the normal functionality of the Services, and solely for Streaming. "Streaming" means a contemporaneous digital transmission of the material by MC Communications (UK) via the Internet to a user operated Internet enabled device in such a manner that the data is intended for real-time viewing and not intended to be downloaded (either permanently or temporarily), copied, stored, or redistributed by the user.

6.2 You agree that you will comply with all of the other provisions of the Terms & Conditions at all times during your use of the Services.

6.3 MC Communications (UK) grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. MC Communications (UK) reserves the right to revoke these exceptions either generally or in specific cases.

6.4 MC Communications (UK) is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which MC Communications (UK) provides may change from time to time without prior notice to you.

6.5 As part of this continuing innovation, you acknowledge and agree that MC Communications (UK) may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at MC Communications (UK)'s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to inform MC Communications (UK) when you stop using the Services.

6.6 You agree that you are solely responsible for (and that MC Communications (UK) has no responsibility to you or to any third party for) any breach of your obligations under the Terms & Conditions and for the consequences (including any loss or damage which MC Communications (UK) may suffer) of any such breach.

7. Copyright policy

7.1 MC Communications (UK) operates a clear copyright policy in relation to any Video Competition entries which are alleged to infringe the copyright of a third party.

7.2 As part of MC Communications (UK)'s copyright policy, MC Communications (UK) will delete and disqualify any Video Competition entry if a user has been determined to infringe the copyright of a third party.

8. Your Video Competition entry(s)

8.1 Whether or not such Video Competition entries are published, MC Communications (UK) does not guarantee any confidentiality with respect to any Video Competition entry(s).

8.2 You retain all of your ownership rights in your Video Competition entry(s), but you are required to grant limited licence rights to MC Communications (UK) and other Website users. These are described in paragraph 10 of these Terms & Conditions (Rights you licence).

8.3 You understand and agree that you are solely responsible for your own Video Competition entries and the consequences of posting or publishing them. MC Communications (UK) does not endorse any Video Competition entry or any opinion, recommendation, or advice expressed therein, and MC Communications (UK) expressly disclaims any and all liability in connection with Video Competition entry(s).

8.4 You represent and warrant that you have (and will continue to have during your use of the Services) all necessary licenses, rights, consents, and permissions which are required to enable MC Communications (UK) to use your Video Competition entries for the purposes of the provision of the Services by MC Communications (UK), and otherwise to use your Video Competition entries in the manner contemplated by the Website and these Terms & Conditions.

9. Content of your Video Competition entry(s)

9.1  You agree that you will not post or upload any Video Competition entries which contain content which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for MC Communications (UK) to use or possess in connection with the provision of the Services.

9.3 You agree that you will not upload or post any Video Competition entries that are subject to any third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner to post the material in question and to grant MC Communications (UK) the licence referred to in paragraph 10.1 below.

9.4 MC Communications (UK) reserves the right (but shall have no obligation) to decide whether Video Competition entries comply with the content requirements set out in these Terms & Conditions and may remove such Video Competition entries and/or disqualify an entry which is in violation of these Terms & Conditions at any time, without prior notice and at its sole discretion.

9.5 You further understand and acknowledge that in using the Website and the Services, you may be exposed to Video Competition entries that are factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MC Communications (UK) with respect to any such Video Competition entry(s).

10. Rights you licence

10.1 When you upload or post a Video Competition entry to the Website you grant:

1. to MC Communications (UK), a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Video Competition entry in connection with the provision of the Services and otherwise in connection with the provision of the Website and MC Communications (UK)'s business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels;
2. to each user of the Website, a worldwide, non-exclusive, royalty-free, licence to access your Video Competition entries through the Website, to the extent permitted by the functionality of the Website and under these Terms & Conditions.

10.2 The above licenses granted by you are perpetual and irrevocable, but are otherwise without prejudice to your ownerships rights, which are retained by you as set out in paragraph 8.2 above.

11. Rights you licence for commercial exploitation of your Video Competition entry

11.1 When you upload or post a Video Competition entry to the Website and annotate the online entry form as agreeing to commercial exploitation of your video entry you agree:

1. that MC Communications (UK) may endeavour to commercially exploit your Video Competition entry in anyway and every way that it sees fit and in doing so you grant MC Communications (UK), a worldwide, exclusive, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Video Competition entry
2. that MC Communications (UK) will pay you 50% of all revenue received in payment for such commercial exploitation
3. that such payment will be by cheque, (in UK pounds or US dollars as indicated by you on the entry form), when revenue due to you exceeds either UK £25 or US $50
4. that such payment will be sent by international signed for delivery to your address as advised by you and that proof of posting will be taken as proof of payment.

12. MC Communications (UK) content on the Website

12.1 With the exception of Video Competition entry(s), all other content on the Website including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos and interactive features on the Website (the "MC Communications (UK) Content") is either owned by or licensed to MC Communications (UK), and is subject to copyright, trade mark rights, and other intellectual property rights of MC Communications (UK) or MC Communications (UK)'s licensors. Any third party trade or service marks present on the MC Communications (UK) Content are trade or service marks of their respective owners.

12.2 MC Communications (UK) Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of MC Communications (UK), or MC Communications (UK)'s licensors. MC Communications (UK) reserves all rights not expressly granted in and to the MC Communications (UK) Content.

13. Links from MC Communications (UK)

13.1 The Services may include hyperlinks to other web sites that are not owned or controlled by MC Communications (UK). MC Communications (UK) has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.

13.2 You acknowledge and agree that MC Communications (UK) is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

13.3 You acknowledge and agree that MC Communications (UK) is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

13.4 MC Communications (UK) encourages you to be aware when you leave the MC Communications (UK) website and to read the Terms & Conditions and conditions and privacy policy of each other website that you visit.

14. Ending your relationship with MC Communications (UK)

14.1 The Terms & Conditions will continue to apply until terminated by either you or MC Communications (UK) as set out below.

14.2 If you want to terminate your legal agreement with MC Communications (UK), you may do so by notifying MC Communications (UK) at any time. Your notice should be sent, in writing, to MC Communications (UK)'s address which is set out at the beginning of these Terms & Conditions.

14.3 MC Communications (UK) may at any time, terminate its legal agreement with you if:

1. you have breached any provision of the Terms & Conditions (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms & Conditions); or
2. MC Communications (UK) is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
3. MC Communications (UK) is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the Services; or
4. the provision of the Services to you by MC Communications (UK) is, in MC Communications (UK)'s opinion, no longer commercially viable.

14.4 When these Terms & Conditions come to an end, all of the legal rights, obligations and liabilities that you and MC Communications (UK) have benefited from, been subject to (or which have accrued over time whilst the Terms & Conditions have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 16.6 shall continue to apply to such rights, obligations and liabilities indefinitely.

15. Exclusion of Warranties

15.1 Nothing in the Terms & Conditions shall affect any statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.

15.2 The Services are provided "as is" and MC Communications (UK) makes no warranty or representation to you with respect to them.

15.3 In particular MC Communications (UK) does not represent or warrant to you that:

1. your use of the Services will meet your requirements,
2. your use of the Services will be uninterrupted, timely, secure or free from error,
3. any information obtained by you as a result of your use of the Services will be accurate or reliable, and
4. that defects in the operation or functionality of any software provided to you as part of the Services will be corrected.

15.4 No conditions, warranties or other Terms & Conditions (including any implied Terms & Conditions as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in the Terms & Conditions.

16. Limitation of Liability

16.1 Nothing in these Terms & Conditions shall exclude or limit MC Communications (UK)'s liability for losses which may not be lawfully excluded or limited by applicable law.

16.2 Subject to the overall provision in paragraph 15.1 above MC Communications (UK) shall not be liable to you for:

1. any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you;
2. any loss or damage which may be incurred by you as a result of:
1. any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services;
2. any changes which MC Communications (UK) may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);
3. the deletion of, corruption of, or failure to store, any Video Competition entries and other communications data maintained or transmitted by or through your use of the Services;
4. your failure to provide MC Communications (UK) with accurate up to date contact information;

16.3 The limitations on MC Communications (UK)'s liability to you in paragraph 15.2 above shall apply whether or not MC Communications (UK) has been advised of or should have been aware of the possibility of any such losses arising.

17. General legal Terms & Conditions

17.1 The Terms & Conditions constitute the whole legal agreement between you and MC Communications (UK) and govern your use of the Services and completely replace any prior agreements between you and MC Communications (UK) in relation to the Services.

17.2 You agree that MC Communications (UK) may provide you with notices, including those regarding changes to the Terms & Conditions, by email, regular mail, or postings on the MC Communications (UK) website.

17.3 You agree that if MC Communications (UK) does not exercise or enforce any legal right or remedy which is contained in the Terms & Conditions (or which MC Communications (UK) has the benefit of under any applicable law), this will not be taken to be a formal waiver of MC Communications (UK)'s rights and that those rights or remedies will still be available to MC Communications (UK).

17.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms & Conditions is invalid, then that provision will be removed from the Terms & Conditions without affecting the rest of the Terms & Conditions. The remaining provisions of the Terms & Conditions will continue to be valid and enforceable.

17.5 You acknowledge and agree that each member of the group of companies of which MC Communications (UK) is a part shall be third party beneficiaries to the Terms & Conditions and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms & Conditions which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be a third party beneficiary of the Terms & Conditions.

17.6 The Terms & Conditions, and your relationship with MC Communications (UK) under the Terms & Conditions, shall be governed by English law. You and MC Communications (UK) agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms & Conditions. Notwithstanding this, you agree that MC Communications (UK) shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.