Terms & Conditions

By visiting, registering with, submitting content to, or using in any other way this “Site” (this term covers http://www.4ip.org.uk (and any related or superseding domain names) as this may be re-branded from time to time and includes all content on the site, including without limitation content contained in any RSS feeds), you agree to these terms and conditions (“Terms and Conditions”) and our Privacy Policy (which is incorporated into the Terms and Conditions). If you do not agree to the Terms and Conditions or Privacy Policy, please do not use or register with the Site.

The Site is owned and operated by Channel Four Television Corporation and 4 Ventures Limited (“we”, “us” and “Channel 4”). Please read the Terms and Conditions carefully as they set out your rights and obligations and the terms on which Channel 4 makes the Site available to you. They also provide information on how you can submit content and how this will be used.

IMPORTANT NOTICE ABOUT USER CONTENT

By providing any content (including Proposals and User Content as defined below) to Channel 4 or the Site you confirm this is (a) your own work (and/or you have the legal right to submit it) and not copied from anyone else or infringing of any third party’s rights and (b) not defamatory, obscene, harassing, offensive, threatening or in breach of anyone’s privacy. You must have the consent of anyone featured in the content to provide this to us.

You will own any original content you provide (and/or you have the legal right to submit it) and by providing content you agree Channel 4 may use it as set out below.

The Site may contain content created by users and which does not necessarily represent the views of Channel 4. The Site is for individuals aged 18 and over and may contain content of an adult nature that is unsuitable for young people (under 18). If you wish to make a complaint about any content please contact .(JavaScript must be enabled to view this email address).

IF WE DISCOVER OR HAVE ANY REASON TO SUSPECT YOU HAVE BREACHED THESE TERMS AND CONDITIONS WE RESERVE THE RIGHT TO SUSPEND OR TERMINATE YOUR USE OF, AND REGISTRATION TO, THE SITE IMMEDIATELY AND WITHOUT NOTICE.

1. YOUR OBLIGATIONS AND THE TERMS AND CONDITIONS

The Site is provided to you at all times subject to these Terms and Conditions. By using the Site you agree to be bound by these Terms and Conditions.  If you do not accept the Terms and Conditions please do not continue to use or to view the Site.

Channel 4 reserves the right to change the Terms and Conditions at any time for legal or regulatory reasons or to allow the proper operation of the Site. Any changes will be notified to users by posting notification of changes on the Site and it is your responsibility to refer to and comply with the most up to date Terms and Conditions on accessing the Site. Your continued use of the Site after changes are posted constitutes your acceptance of the Terms and Conditions as modified.

2. REGISTRATION AND SUBMISSION OF PROPOSALS

Visitors to the Site merely wishing to view content do not need to register. However, any use of this Site (which includes but is not limited to simply viewing the Site’s content) constitutes your acknowledgement and acceptance of these Terms and Conditions, which takes effect the moment you first use the Site.

If you would like to submit any potential 4IP projects, proposals or ideas (“Proposals”) to us via the Site you will first need to register and become a Site member. The Site will set out details of how to register, submit an Proposal, the process and any additional rules or requirements. As part of the registration process, you will be asked to ‘ACCEPT’ these Terms and Conditions. On doing so, you will be deemed to have consented to and you will be bound by these Terms and Conditions.

You may also register on the Site to receive further general information about 4IP either by RSS Feed or by email update (which is separate from the Proposal submission registration).

When you register with the Site, you will be asked to select a password and user name that you can then use to access your account and log on to areas of the Site that are reserved for registered members only. You accept that it is your sole responsibility to maintain the confidentiality of your password and user name and that you are responsible for all activity that occurs under them. Channel 4 is unable to check the identity of people using the members’ areas of the Site and will not in any way be liable where your password or user name are used by someone else. You agree to notify Channel 4 immediately of any unauthorised use of your password or user name and any other breach of security as soon as you become aware of it.

Once you have registered with the Site you will be able to submit Proposals to us. You hereby grant to Channel 4 a royalty free non-exclusive licence to copy, issue copies, make available, adapt, edit, add to, share and otherwise use the Proposal submitted by you without being subject to further conditions or payments for the purposes of evaluating the Proposal.

In submitting a Proposal to the Site you accept that Channel 4 may discuss the Proposal with its group companies, partners and service providers to evaluate its suitability for 4IP funding. You acknowledge that Channel 4’s consideration of a Proposal does not create a confidential relationship between you and Channel 4.

Channel 4 does not claim any rights of ownership in your Proposal. As such, you retain all ownership rights and, although Channel 4 will be able to use the Proposal as set out in these Terms and Conditions, you will also have the right to use your Proposal in any way you choose.

You agree and guarantee that the Proposal or other information submitted by you is original to you (and/or you have the legal right to submit the Proposal to Channel 4) and correct. You hereby warrant that the Proposal and all other the information which you submit will not infringe the intellectual property, privacy or any other rights of any third party, and will not contain anything which is libellous, defamatory, obscene, indecent, harassing or threatening. Channel 4 reserves the right to reject any Proposal that it deems, in its sole opinion, to be in breach of this paragraph.

You acknowledge that Channel 4 may already be exploring similar ideas or proposals which resemble your Proposal and that, in some cases, similar or identical proposals may be generated independently. Channel 4’s consideration of a Proposal shall not adversely affect any copyright, trade mark or other intellectual property rights which Channel 4 may already have or seek to assert in the future.

Channel 4’s decision as to whether a Proposal is successful (or in the event of any argument regarding the rules, conduct or results of the Proposal submission and evaluation process) is final and no correspondence will be entered into. Whether particular Proposals are selected is entirely Channel 4’s decision. These decisions may be taken by or with Channel 4 partners. Channel 4 reserves the right (at its sole discretion) to disqualify incomplete Proposal submissions or those that do not follow the requirements or these Terms and Conditions. Channel 4 does not accept responsibility for lost or delayed Proposals or for any errors in or unauthorised access to Proposals which happen because of server functions, viruses, bugs or other things that Channel 4 does not control. Channel 4 shall not be obliged to further explore or commission any Proposals submitted to the Site (whether they have been approved by us or not) and no funding shall be provided until signed agreements are in place between you and Channel 4 (and any Channel 4 partners if applicable).

Channel 4 may withdraw, cancel or amend the Proposal submission facility without prior notice to ensure compliance with legal, regulatory or other similar requirements or for any reason outside Channel 4’s control. Any changes will be posted on the Site.

3. YOUR CONTENT

‘User generated content’ (referred to in these Terms and Conditions as “User Content”) includes all content provided to the Site or Channel 4 or uploaded to or created on the Site by users i.e comments, data posting, photos, competition entries and all other user generated material BUT excludes any Proposals submitted to the Site.

You agree and guarantee that any User Content you provide or upload or create on the Site is original to you and does not infringe the copyright or any other rights of any other person. You must obtain any consents and waivers necessary for you to provide the User Content to Channel 4.

Unless we agree otherwise with you or we notify you otherwise on the Site at the point of submission, Channel 4 does not claim any rights of ownership in your User Content. As such, you retain all ownership rights and, although Channel 4 will be able to use the User Content as set out in these Terms and Conditions, you will also have the right to use your User Content in any way you choose. Where User Content is to be used in a different way (e.g. we are asking to own your User Content) this will be made clear on the Site and you will then be able to choose whether to provide particular User Content on that basis.

Where we do not take ownership of your User Content, you agree that Channel 4 (and third parties authorised by Channel 4) may make any and all User Content available 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 that User Content may be made available with advertising and/or sponsorship. You now grant Channel 4 (and third parties authorised by Channel 4) a worldwide perpetual royalty free irrevocable non-exclusive licence to reproduce, copy, record, translate, modify, adapt, make available to the public, distribute, broadcast, record, perform, make derivative works from, edit, alter, store, re-format, sell and sub-licence your User Content in whole or in part or in any form in all media now known or in future invented. You hereby give all necessary waivers and consents for Channel 4 to use your User Content, including a waiver of those rights known as the moral rights of authors.

Whether or not we own User Content, you grant Channel 4 (and third parties authorised by Channel 4) the right to issue publicity concerning the User 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 Channel 4) and your User Content.

Channel 4 does not guarantee to use or otherwise make available User Content. Any User Content may be rejected by Channel 4 and may be edited, moderated or deleted at its absolute discretion. Channel 4 reserves the right not to accept User Content that is not in English and cannot be moderated. All decisions are final and Channel 4 will not enter into any discussions or correspondence about why User Content has been rejected.

Channel 4 may, in appropriate circumstances, and at its sole discretion, remove or disable access to User Content that appears to be legally or otherwise problematic e.g. it infringes the copyright or other intellectual property or privacy rights of others, is defamatory etc. or for any other reason. In relation to all comments and/or other material posted on the Site, Channel 4 shall be entitled to edit such comments and/or other material to ensure compliance with these Terms and Conditions.

If you wish to make a comment on the Site you will be asked to provide a display name, email address (your email address will not be published on the Site). Your details will be remembered by the Site (this is done by way of cookies) and you can elect to receive notifications by email where any other follow up comments have been posted.

If you use the commenting functionality that Channel 4 makes available that allows people to submit follow up comments, you accept that these may be abusive, untrue or unpleasant. Please be careful when using any messaging or commenting functionality and do not reveal personal information such as your home or work contact details, your last name or where you live or the personal details of any other person. You can use the complaints procedure at Section 7 if any issues arise.

Channel 4 has no obligation to keep originals or copies of any User Content (or Proposals) or to return these to you or remove them from the Site. You should ensure that you keep a copy of your User Content (and Proposal(s)) for your records or other purposes.

4. YOU PROMISE:

You agree and confirm that:

A. you are 18 years of age or over;

B. all information provided by you to Channel 4 is accurate, true and up to date in all respects and at all times, all facts expressed by you in your Proposal and/or User Content are true to the best of your knowledge and belief and, if your Proposal and/or User Content contain opinions, these are your own and genuinely and truly held by you;

C. all Proposals and/or User Content are original to you and you are fully entitled (and have all necessary consents) to give the Proposals and/or User Content to Channel 4 (you must also have the consent of anyone featured in the Proposals and/or User Content) and you are happy for this to be used as set out in the Terms and Conditions;

D. nothing in the Proposals and/or User Content will infringe the copyright or any other right of any person, breach any contract or duty of confidence, be defamatory, obscene, offensive, indecent, harassing, threatening, breach anyone’s privacy or which may constitute a contempt of court or be calculated to bring any broadcaster or other person into disrepute; and

E. all Proposals and User Content will comply with any additional terms or requirements set out on the Site and you will at all times comply with the Terms and Conditions.

You agree to indemnify and keep indemnified Channel 4 from and against all claims, damages, expenses, costs and liabilities (including legal fees) relating to or arising from your use of the Site (including the submission of Proposals and User Content) or arising from any breach or suspected breach of the Terms and Conditions by you or your violation of any law (which includes the laws of the country you are located in if you are based outside the UK) or the rights of any third party.

5. YOUR PERSONAL DATA

Personal information you are asked to supply or you supply voluntarily as part of the registration, Proposal submission and any other information in or relating to your User Content (“Your Data”) will be used by Channel 4, its group companies, service providers and other partners in the operation of the Site and $iP and by their subcontractors, employees, agents and advisors (including legal advisors) as follows: (i) to send you email updates or RSS feeds (if you have elected to receive these) (ii) evaluating Proposals submitted to the Site and contacting you in relation to your Proposal if required; (iii) administering your Site registration; (iv) in making decisions about whether User Content you seek to upload onto the Site should be accepted, rejected or used; and/or (v) as otherwise set out on the Site, these Terms and Conditions and the Privacy Policy.

Channel 4 may at its discretion disclose Your Data to the police, regulatory bodies or any legal advisers in connection with any alleged criminal offence or suspected breach of the Terms and Conditions by you or otherwise where required by law.

You may be requested to take part in promotional activity and Channel 4 reserves the right to use your display name and any User Content in any publicity (including as set out in Section 3).

Except as set out above (or where we agree otherwise with you e.g. in relation to contacting you for marketing), Your Data will be kept private and confidential, will not be passed on to third parties without your express consent and will be used in accordance with our Privacy Policy. By using the Site you are agreeing to Your Data being used as set out above.

6. USE OF THE SITE

In accessing the Site, you agree to do so only in accordance with these Terms and Conditions. Unless otherwise stated, you may not copy, reproduce, download, post, store (including in any other website), distribute, make available to the public, transmit, broadcast, commercially exploit or modify in any way the Site’s material or content (including User Content) or permit or assist any third party to do the same.

You agree to only use the Site for lawful purposes, in a manner which 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, but is not limited to, conduct which is libellous, in breach of anyone’s privacy or which may harass, cause real 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.

Any copying, reproduction, lending or hiring, public performance, broadcasting or any other form of distribution of content on the Site or User Content (including peer to peer transfers) other than in accordance with these Terms and Conditions is prohibited and will constitute a copyright infringement.

Some parts of the Site may have specific terms of use, requirements or rules. By registering for and/or using these parts of the Site you are agreeing to these specific terms. If there is any conflict between the Terms and Conditions and specific terms appearing on the Site, the specific terms shall prevail.

7. OTHER USER CONTENT, COMPLAINTS AND CONTACTING CHANNEL 4

Although we ask all users to submit only User Content that complies with the Terms and Conditions, you acknowledge that User Content supplied by other users may include material you consider offensive or objectionable. Channel 4 assumes no responsibility or liability for User Content and, as the User Content is created by users, it does not necessarily represent the views of Channel 4.

If you become aware of any misuse of the Site or wish to complain about any User Content or material on the Site or believe any of your rights have been violated e.g. your copyright infringed, you have been defamed etc., you can notify us by emailing us at .(JavaScript must be enabled to view this email address) or you can write to us attention to Legal and Compliance Department at the address below (see Section 13). We will need to know:

• The nature of your complaint and location within the Site of the particular content and any other relevant information such as the display name of the user who has submitted it if the content is User Content.

• For copyright disputes, identification of the copyrighted work you claim has been infringed and a statement that you have a good-faith belief the disputed use is not authorised by the copyright owner, its agent, or the law and that you are the owner of the copyright interest involved or are authorised to act on behalf of the owner.

• Your name, address, telephone number and email address and such other information as we may reasonably request. Channel 4 may, but is not obliged to, monitor or assist in disputes between users. You are solely responsible for your interaction with other users of the Site.

8. TERMINATION AND SUSPENSION OF THE SITE OR YOUR USE OF THE SITE

Channel 4 reserves the right to modify, suspend or discontinue the Site or any part of it (including the availability of any features of the Site) at any time and without notice or liability to you.

Channel 4 is entitled to suspend or terminate your registration or access to any part of the Site, such as the commenting and Proposal submission facilities or receipt of email updates or RSS feed, at any time if you breach the Terms and Conditions or for technical reasons.

You may terminate your registration at any time, for any reason, by following the instructions on the Site (if any) or contacting us at .(JavaScript must be enabled to view this email address). Even after your registration is terminated (for whatever reason) the Terms and Conditions will remain in full force and effect. If you wish to have your own User Content removed from the Site or would like to retract your Proposal for whatever reason please contact us via the email or via post at the address set out in Section 13 below with details of your User Content that you would like to be removed (or Proposal you would like deleted) and we will try to remove or delete this (as applicable). You will also be able to flag to us that you would like your Proposal to be deleted via your membership account, however, please note that once deleted your Proposal will remain on our system for administration purposes only.

9. THIRD PARTY SITES/LINKS

Channel 4 is not responsible for the availability or content of any third party websites or material you access through the Site. If you 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. Channel 4 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) or for any damage, loss or offence caused by or, in connection with, the same. Any terms, conditions, warranties or representations associated with such dealings, are solely between you and the relevant provider of the service.

You may link to your own User Content on the Site or send links to other people’s User Content on the Site via email. Other than this, you do not have permission to “deep-link” to the Site and all links to the Site must be direct to the Site homepage (and not any part of a page) and must not be viewed within the pages of any other site (unless expressly set out otherwise on the Site). Channel 4 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 Channel 4 endorses, is affiliated or associated with any linked site, or is legally authorised to use any trade mark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorised to use any trade mark, trade name, logo or copyright symbol of Channel 4 or any of its affiliates or subsidiaries.

Channel 4 reserves the right to request that any links are removed at any time and you agree to promptly comply with any such request.

10. DISCLAIMER/LIMITATION OF LIABILITY

The Site, User Content, Proposal submission facility and information, images, logos and content relating to the Site, Channel 4, and/or any of Channel 4’s 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, endorsement or warranty of any kind, including but not limited to implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

Channel 4 will endeavour to provide the Site using reasonable care and will use reasonable efforts to make the Site available to you at all times. However you acknowledge that the Site is provided over the internet and so the quality and availability of the Site may be affected by factors that are outside Channel 4’s reasonable control such as technical faults in your ISP’s and/or telecommunication providers’ network/service. Channel 4 is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, providers, computer equipment or software, or failure of any email or Proposal submission to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any website (or any combination of these things).

Channel 4 makes no guarantees that the Site will be available, 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. Except as required by law, Channel 4 will not be responsible for any loss or damage caused by: (a) interruption or delay to the Site or errors, viruses or bugs contained in the Site caused by events outside Channel 4’s reasonable control; (b) your negligence, your breach of the Terms and Conditions or failure to follow Channel 4’s reasonable instructions; (c) any incompatibility of the Site with any other software or material on your equipment; (d) any unauthorised use of the Site or any content on the Site (including without limitation any User Content); or (e) any other factor that is outside Channel 4’s reasonable control.

Content, information and other material on the Site may contain inaccuracies and typographical errors. Channel 4 does not warrant the accuracy or completeness of these or the reliability of any information displayed or distributed through the Site (including provided through any software). You acknowledge that reliance on any such information shall be at your sole risk. Channel 4 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 other information described in the Site at any time without notice.

Channel 4 cannot accept any responsibility for any damage, loss, injury or disappointment suffered though use of the Site. In no event will Channel 4 or its third party affiliates be liable for any damages whatsoever, whether in action of contract, negligence or other action, including (but not limited to) damages for loss of use of the Site, damage to equipment or other software, or loss of data or profits or for other monetary loss or for any indirect or consequential damages, arising out of or in connection with the use (or inability to use) or performance of the Site. In addition, in no event shall Channel 4 or its licensors or third party affiliates be liable for any unauthorised use of the Site.

These exclusions do not apply to death or personal injury caused by Channel 4’s negligence and only apply to the extent permitted by law. This does not affect your statutory rights.

11. CHANNEL 4’S INTELLECTUAL PROPERTY RIGHTS, PRODUCTS AND SOFTWARE

The names, images and logos identifying Channel 4, its associated companies or third parties and their products and services are proprietary marks of these parties. Nothing in the Terms and Conditions shall be construed as conferring any licence or right under any intellectual property right of Channel 4, 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, software or content supplied as part of the Site, other than User Content, Proposals and Your Data (see Sections 2, 3 and 5) shall remain at all times the property of Channel 4 or Channel 4’s licensors and is protected by intellectual property laws.

Any products and services on the Site are subject to availability and are available at the sole discretion of Channel 4. Where applicable, all references to Channel 4 products and services are intended to apply only in the United Kingdom.

RSS Feeds: Where you choose to receive an RSS Feed Channel 4 grants you a non-exclusive revocable limited licence to display the content of the RSS feed on your computer for your personal and non-commercial use only. All content in the RSS feed remains the property of Channel 4 and/or its licensors.

From time to time certain software which is the protected work of Channel 4 or its suppliers may be made available to download from the Site (which you are only permitted to download if you are located in the UK). You are licensed to use the software on a non-exclusive basis only for the purposes for which it is indicated. You may not use the software for any other purpose and may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise deal with the software unless you are specifically advised otherwise.

12. LAW AND JURISDICTION

The Terms and Conditions shall be governed by and construed in accordance with the laws of England. Any disputes arising from the Site or Terms and Conditions will be decided only by the English courts.

The Site is only intended to be accessed from the United Kingdom and Republic of Ireland. Channel 4 makes no representation that materials on the Site are appropriate or available for use at other locations and access to them from territories where their contents are illegal is strictly prohibited. If you access the Site outside of the United Kingdom or Republic of Ireland, you are responsible for compliance with all local laws.

If any of the Terms and Conditions are held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms and Conditions which will continue to be valid and enforceable to the fullest extent permitted by law.

Channel 4 can transfer its rights and obligations under the Terms and Conditions to any company, firm or person provided this does not affect your rights under the Terms and Conditions.

13. OUR DETAILS

Channel Four Television Corporation (a corporation created under statute) and 4 Ventures Limited (Company Registration No. 04106849 and VAT No. 626 4758 17) are incorporated and registered in England and Wales and located at 124 Horseferry Road, London SW1P 2TX.

Email: .(JavaScript must be enabled to view this email address)

Last updated 3 October 2008 Channel Four Television Corporation/4 Ventures Limited © 2008