Eye-Vibe Terms and Conditions
4th Jan 2011 VAT increase to 20%
These prices were correct at the time of publishing. On 4 January 2011, the rate of VAT will increase to 20% and all of our prices will change to reflect that.
Our terms and conditions set out the rules which are applicable to your participation in the "EyeVibe" and "YourStage" Service ("Service") including the videos and audio you submit to the Service ("Content"). "Our", "We" or "Us" means Telefónica UK Limited, a company registered in England (Company Number 01906156). You should ensure that you read these terms and conditions carefully as your participation in the Service constitutes your acceptance of these terms and conditions. You also agree to be bound by our general terms and conditions located at www.o2.co.uk/termsconditions("General Terms"), including in particular those related to User Generated Content. 1.2 This Service is restricted to those aged 16 years or over. You therefore confirm that you are 16 years or over and a UK resident. We reserve the right to verify eligibility of entrants.
2.1 You must not submit any Content which does not comply with the General Terms. In addition, you will;
- have the prior express consent of all those persons appearing in your Content to feature in your Content and submit it to the Service;
- only submit Content which has been taken using your mobile device;
- not submit Content which is copyrighted or features predominantly or solely a trademark or logo not owned or licensed by you, including without limitation any musical material;
- ensure your Content does not contain images of private individuals or celebrities or public figures unless (a) you have their permission or (b) the video is taken in a public context or (c) you are the private individual, celebrity or public figure in the Content and always provided the Content does not infringe on that person's right to respect for their private life; and
- ensure that the Content does not contain abundant or gratuitous coarse language.
- 2.2 We will review the Content you submit to the Service for suitability and compliance with Our terms and conditions and other criteria before it will be published on the Service. We may reject or accept your Content for any reason in Our absolute discretion. Further, We may at any time and without notice or further liability to you remove and destroy your Content or terminate your access to the Service. We may notify law enforcement authorities if your Content contains illegal conduct.
- 2.3 You acknowledge and agree that We may, in Our sole discretion and without notice to you, adapt, reformat, edit, alter, tag or otherwise modify your Content and also determine the look and feel, layout, placement and design of your Content when implemented on the Service.
- 2.4 We may remove your Content from the Service at any time, for any reason and we may determine in our absolute discretion where we place your Content on the Service. This could affect the number of downloads of your Content, but in no circumstances will we be liable to you for any losses that result, including for loss of any revenue which you expected you might earn.
- 2.5 You acknowledge that, if posted on the Service, your Content may not be forward-locked which means that, once downloaded by users, it may be forwarded by MMS or email or otherwise to third parties without restriction and without further payment to you.
3. OWNERSHIP AND LICENCE OF CONTENT
- 3.1 We do not claim ownership of any Content you submit or make available via the Service and you continue to own all rights in such Content and have the right to use your Content in any way you choose. However, by submitting to or making available any Content on the Service (including any video or audio) you agree to grant us a perpetual, royalty-free, irrevocable, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public (on the Service or elsewhere), and exercise all copyright and publicity rights with respect to the Content worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your Content as we may require. By submitting or making available any Content to the Service, you also agree to waive all moral rights in that Content. We may without notice to you, grant the same or other rights in respect of your Content to third parties without payment to you and sell, distribute or otherwise publish your Content outside of the Service. We will not make any payments to you for our use of the Content other than those set out in Section 4 below. If you do not want to grant us the rights set out above, please do not submit your Content.
- 4.1If We publish your Content on the Service and it is downloaded by users you may be paid for it in accordance with these Terms and Conditions. We will not pay you directly and payment will be made via PayPal's MassPay service. The details and process for payment are set out below. 4.2 We may charge other users to download your Content or we may from time to time allow users to download your Content for free. If we charge users to download your Content, then each time a user downloads your Content from the Service we will credit your user account balance with 3p if the clip is charged at 35p (or 1p if the clip is charged at 10p). We may from time to time allow users to download your Content for free in order to promote the Service or for other promotional reasons, in which case you will either not be paid at all for such use of your Content or, in Our absolute discretion, We may credit your user account with a fixed amount in return for such use (and you will be informed via your registered email address of the amount that will be credited to your user account).
4.3 There are several steps required to enable You to be paid, which are set out below.
Firstly, You will need a user account. When we publish your Content on the Service, We will set up an account for you using your MSISDN (which we capture when you send us your Content) and the email address you give us. You will then need to validate Your account by accessing the Service from your mobile device. Secondly, you need to set up an account with PayPal. If you do not set up an account with PayPal you will not be paid for your Content. If your balance reaches or exceeds £10 we will send your email address to PayPal, who will contact you by email to set up an account. PayPal may charge you an administration fee to set up your account. You are responsible for paying that fee. In addition, PayPal may impose additional terms and conditions on you as the holder of an account with PayPal. You are responsible for complying with those terms and conditions and meeting any associated costs. We are not responsible if you are unable, for whatever reason, to set up an account with PayPal.
- 4.4 Each account will have a user balance of zero when it is first set-up which will increase as people download Your Content. Each time your account balance reaches or exceeds £10, We will transfer the full amount of your balance and your email address across to PayPal who will arrange payment, provided you have set up an account with them. Once You have been paid, Your user account balance will then reset to zero and begin to accrue again.
4.5 As set out in more detail above, your balance will only start accruing and you will only be paid for your Content if the following requirements are met: You have validated your user account
- You have entered a valid email address. If you don't supply us with a valid email address, or if your email address changes and you don't tell us, then PayPal will not be able to contact you and you will not be paid.
- You have set up a valid PayPal account
- Your user balance will only accrue as a result of a download if We receive revenue from that download
- You will only be paid if your user account balance reaches or exceeds £10
- You comply with these terms and conditions.
- 4.6 Payment terms are 90 days in arrears from the end of the month to which the payment relates. For example, if your balance reaches £10 during December, you would expect to receive notification from PayPal of payment being available any time after 31st March. Your balance will then reset to zero and will begin to accrue again.
- 4.7 Your right to payment is subject to you complying with these terms and conditions. We may at any time, at Our sole discretion, withhold payment to you if We suspect that you are artificially inflating the number of downloads of your Content, if you have paid for the Service using a stolen, invalid or expired credit or debit card or if We are required to refund a credit or debit card provider in respect of your payment for the Services, or if We suspect you are otherwise interfering in any way with the O2 Network. If your account is in dispute we reserve the right to withhold payment until the dispute is resolved. Where monies are owed by you to Us, We reserve the right to offset such monies against the payments due to you in respect of the Service.
- 4.8 You are responsible for making sure that you pay any income or other taxes you may incur as a result of using the Service.
- 5.1 If any provision of these terms and conditions is held invalid by any law, rule, order or regulation of any government, or by the final determination of any court of a competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions not held to be invalid.
- 6.1 Information which you provide to Us as part of the Service and other information which you may supply to Us is subject to Our Data Protection and Privacy Statement.
- 6.2 The current version of our Data Protection and Privacy Statement shall be deemed incorporated into Our terms and conditions. You can view this Statement by clicking here.
- 7.1 Our terms and conditions shall be governed by and construed in accordance with English Law. Both you and Us hereby submit to the exclusive jurisdiction of the English courts.
- 7.2 We reserve the right to review and revise Our terms and conditions from time to time without giving You prior notice and by using the Service subsequent to any revision of Our terms and conditions, you agree to be bound by such changes.