Products and services

These terms and conditions apply to your use of the 24-7 Football service (the “Service”).  You should ensure that you read these terms and conditions carefully as your use in any way of the Service constitutes your agreement to all terms, conditions, and notices contained or referenced herein. These terms and conditions can also be viewed and printed at www.24-7football.co.uk. You also agree to be bound by O2’s general terms and conditions located at www.o2.co.uk/termsconditions/webwapandimode and www.o2.ie/terms in the case of O2 Ireland customers.  If you do not agree to these terms and conditions please do not use the service.
The Service is provided to you by British Sky Broadcasting Ltd, Grant Way, Isleworth, Middlesex TW7 5QD (“Sky”). 
You will access the Service via O2 Active. Irish users will also be able to access the Service using i-mode®.  You can contact O2 by calling your usual O2 customer service number.
Sky is not responsible for your mobile phone or the mobile network which are provided by O2. O2 will charge you for the data services you use to access the Service. There are no data charges for downloading the content on the Service but you may be charged browsing costs for accessing the 24-7 Football site in accordance with your tariff plan. Sky is not responsible for these data services which are provided to you under your contract with O2.

By using this Service, you agree that Sky may use and share information it holds about you in accordance with Clause 5 below.
The terms of your contract with Sky in respect of the Service are set out below:
1. The Service
1.1 24-7 Football gives you access to football previews, round ups, goals, highlights, themed Premiership archive footage clips and programmes which may be downloaded to your mobile phone. You can either subscribe to 24-7 Football on a monthly basis (the ”Subscription Service”) or access video content on a pay-per-view basis.
1.2 The Service is variable. Sky may vary, replace or withdraw programmes, channels, content, and/or any facilities available on the Service without notice. Sky will tell you if, as a result of any such change, your Subscription Payment changes.
1.3 The video content available on the Service has been made for use on mobile phones and so it may differ from TV broadcasts.
1.4 Sky may suspend the Service at any time to update the Service or for technical reasons.
1.5 To access the Service you will need a mobile phone handset which is capable of WAP browsing and downloading video content. Some content on the Service is not available to users of O2’s network. The Service is made available over the O2 network is subject to the availability of the network.
1.6 You cannot download videos of in-match goals between 14:45 and 17:15 on Saturdays in the UK. This is because of restrictions imposed by UEFA but you can see these in our highlight clips available after the match.
2.  Your use of the Service
2.1 You agree that you will not use the Service or any part of it other than for personal non-commercial purposes. You can only access the Service in the UK and the Republic of Ireland.
2.2 You must not or authorise or assist any third party to:
2.2.1 copy (except as permitted by law), redistribute or relay the whole or any part of the Service; or
2.2.2 sell or make any charge for watching or using any part of the Service; or
2.2.3 show any part of the Service in public to an audience, even if no charge is made; or
2.2.4 use the Service for any improper or unlawful purpose.
2.3 You agree to follow Sky’s reasonable instructions concerning your use of the Service.
3.  Payments

Subscription Service

3.1 Subject to any offer that you may take up when you first subscribe, you will be charged for the Subscription Service from the date you are first enabled to receive it (“Subscription Payments”). You must pay the Subscription Payments every month in advance. 

3.2 Sky (or O2 on behalf of Sky) will collect the Subscription Payments due automatically from you each month. You agree that O2 may collect your Subscription Payments on behalf of Sky by adding it to your account if you pay your mobile phone bill on a monthly basis or deducting it from your balance if you are a Pay & Go or Speakeasy customer. 

3.3 Sky may increase your Subscription Payments at any time by giving you at least one calendar month’s notice.  Sky may also increase your Subscription Payments without notice if required by law or if any regulatory authority requests or requires a change to any aspect of Sky’s pricing which affects your Subscription Payments directly or Sky’s pricing structure directly.

3.4 Sky (or O2 on behalf of Sky) may alter your Direct Debit instruction if your Subscription Payments changes for any reason. Sky (or O2 on behalf of Sky) may also charge any other payment due under this contract using your Direct Debit instruction together with any other payments which you agree that may be charged under that instruction. 

Pay-per-view Service

3.5 Sky will tell you in advance what the pay-per-view payment will be for any pay-per-view content which you download from the Service.

3.6 Sky (or O2 on behalf of Sky) will collect the pay-per-view payment automatically from you each month. You agree that O2 may collect this pay-per-view payment on behalf of Sky by adding it to your account if you pay your mobile phone bill on a monthly basis or deducting it from your balance if you are a Pay & Go customer. 

3.7 If you have missed any payments, Sky can suspend provision of the Service to you without giving you notice. This does not affect Sky’s right to end this contract under Clause 7 below.
4.  Liability
4.1 Sky will endeavour to provide the Service using all reasonable care. Except as required by law, Sky will not be responsible or liable for the fitness for a particular purpose of the Service, or for any loss or damage caused by: 
4.1.1 failure, interruption or delays to the Service caused by events outside Sky’s reasonable control;
4.1.2 your negligence or your failure to follow Sky’s reasonable instructions or the terms of this contract;
4.1.3 Sky or its employees or agents in circumstances where:
(a) there is no breach of a contractual obligation or legal duty of care owed to you by Sky or its employees or agents;
(b) such loss or damage is not a reasonably foreseeable result of any breach;
(c) such loss or damage results from any breach by you of this contract;
4.1.4 any incompatibility of the Service with any hardware and/or software on your mobile phone.
4.2 Sky does not accept any liability under this contract for any product or service advertised, promoted, offered or sold by third party service providers on the Service.  While all reasonable efforts will be made to ensure that the information contained in the Service provided by Sky is as accurate as possible, Sky does not accept any liability and makes no representations or warranties in relation to the accuracy or completeness of such information.  Some of the content on the Service is provided by third parties.  The availability of such content is outside of Sky’s control and Sky will not be responsible for any suspension or loss of such content.
5.  Privacy and Personal Information
5.1 You confirm that any member of the British Sky Broadcasting group, News International group and any company which may succeed our businesses, may use and share information you provide and other information Sky holds about you for account management, market research and the marketing of Sky’s, News International’s and third parties’ products and services. This may include contacting you by post or telephone or, in the case of Users in the UK only, by email or SMS unless you tell Sky you don’t want to be contacted in any of these ways. 
5.2 Sky may also share such information with credit reference agencies and other companies including for use in credit decisions, for fraud prevention and to pursue debtors.
5.3 Information held by the British Sky Broadcasting group and News International Group about you may also be shared with other companies outside the groups, including for sales, marketing and market research purposes by such companies, unless you notify Sky that you wish to be excluded from such uses.
5.4 The information you provide on registering for the Service will be collated by O2 and, where you have given your consent, may be provided to Sky so that Sky can manage your account and use your information as set out in clauses 5.1 to 5.3 above.  The provisions of this clause 5.4 do not apply to Users in the Republic of Ireland.
6.  Changes to this Contract
If Sky amends the terms and conditions for the Service, you will be notified on the 24-7 Football website. Your first use of the Service after you have been notified of the new terms will constitute acceptance of such changes. If Sky amends these terms and conditions and such change has a material effect on you to your detriment Sky will give you one months’ notice of such change in writing.
7. Termination
7.1 You or Sky can end this contract by giving the other notice at any time. You can manage your subscription either via the mobile site. Alternatively, you in the UK you should text ‘STOP’ to 07786 200812 and in Ireland call 1909 for postpay Users and 1747 for prepay Users. If you subscribe to the Subscription Service, you will stop receiving this on the next monthly anniversary of when you first subscribed to the Subscription Service and you must pay for receiving it during this period.
7.2  Sky may suspend or terminate your access to any part of the Service at any time should you breach these terms and conditions, or the terms and conditions of any offer you may have selected, or act in a way towards Sky’s or O2’s staff or agents which is inappropriate. Sky will not refund any Subscription Payments or other payments made under this contract if it is ended because you have broken a term in it.

7.3 The Service is made available from O2 Active under an agreement between Sky and O2. If that agreement with them ends and the Service can no longer be provided to you, Sky will give you written notice of this fact and tell you the date that your Service will end. 

7.4 If your airtime contract with O2 is terminated or suspended, your access to the Service will also end or be suspended (as applicable) immediately.
8. Right To Transfer and Third Parties
8.1 Sky can transfer its rights and obligations under the contract to any company, firm or person. Sky can only do this if it does not affect your rights under the contract in a negative way.
8.2 This contract between you and Sky is personal to you. You may not transfer your rights or obligations under this contract to anyone else and no third party is entitled to benefit under this contract except pursuant to Clause 8.1.
9.  Law

 This Contract is governed by English Law. If your address is in the UK, all disputes will be dealt with by the courts in England and Wales or any other UK court that could lawfully deal with the case. If your address is in the Republic of Ireland, all disputes will be dealt with by the courts in the Republic of Ireland.

Here for your information are the Kodak terms of service that will apply to your use of the new service. You will be asked to accept these when you log in to your Kodak Mobile album for the first time. If you do not want your images copied to your Kodak account, go to My Albums here, copy your images to a PC and delete them.

 

Terms of Service

Introduction

Please read these Terms of Service ("Terms") carefully as they contain the legal terms and conditions that you agree to when you use the digital photography services provided to you by Ofoto, including the Kodak Mobile Service, provided primarily through www.kodakmobile.co.uk, and Ofoto's online photography service, provided through www.ofoto.co.uk (collectively, the "Service").

By using our Service you agree to be bound by Part A of these Terms which contains provisions applicable to all users of our Service, including casual visitors. If you choose to register as a member of, or make a purchase through, our Service, you will be asked to tick a box to indicate that you have also read and agree to be bound by the additional wording set out in Part B of these Terms.

Part A: Provisions applicable to all Users of the Service (Whether Registered or Not)

1. Operator

   This Service is operated by Ofoto BV ("Ofoto"), a company incorporated in the Netherlands whose registered address is at Kingsfordweg 151, 1043 GR Amsterdam, The Netherlands. Ofoto's VAT number is 804 9796 91.

   Ofoto is also referred to in these Terms as "we" and "us".

2. Purpose of the Service

   Ofoto offers digital photography services that provide the ability to view, share, store and print digital images through a range of electronic devices including personal computers and hand-held devices.

3. Availability

   Ofoto uses reasonable endeavours to ensure that the Service is available 24 hours a day 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Ofoto. Every reasonable step will be taken by Ofoto to minimise such disruption where it is within the reasonable control of Ofoto. You agree that Ofoto shall not be liable to you for any modification, suspension or discontinuance of the Service.

4. Privacy

   Ofoto has a firm commitment to safeguarding your privacy. Please review Ofoto's privacy policy. The terms of Ofoto's privacy policy are incorporated into, and considered part of, these Terms.

5. Trademarks

   All brand, product and service names used in this Service which identify Ofoto, its parent company Eastman Kodak Company ("Kodak") or third parties and their products and services are proprietary marks of Ofoto, Kodak and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any licence or right on the part of Ofoto, Kodak or any third party with respect to any such image, logo or name.

6. Copyright

   Ofoto is, unless otherwise stated, the owner of all copyright and database rights in the Service and its contents. You may not publish, distribute, extract, re-utilise or reproduce any such content in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with the limited use licence set out in our copyright notice as permitted by the Copyright Designs and Patents Act 1988 or the Copyright and Rights in Databases Regulations 1997 as applicable or any equivalent legislation as may apply.

7. Reporting Violations of Your Copyrights

   If you believe the copyright in your work has been violated through this Service, please contact Ofoto's agent for notice of claims of copyright infringement, Sanja Holland-Horvat who can be reached at copyrightconcerns@ofoto.eu.com, or at Ofoto B.V., Kingsfordweg 151, 1043 GR Amsterdam, The Netherlands. You must provide our agent with the following information, which Ofoto may then forward to the alleged infringer:

   1. identify the material on the Service that you believe infringes your work, with enough detail so that we may locate it on the Service;
   2. provide your address, telephone number, and email address;
   3. provide a statement that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
   4. provide a statement that (i) the information you have provided to us is accurate, and (ii) you are the owner of the copyright interest involved or you are authorised to act on behalf of that owner; and
   5. provide your physical or electronic signature.

   Upon receiving your complaint, Ofoto may remove content that you believe infringes your copyright. In addition, Ofoto may terminate the account of the member who appears to be infringing your intellectual property rights.

8. External Links

   From time to time Ofoto may provide links that will take you to other, third party websites. These links are provided for your convenience. If you decide to access linked websites you do so at your own risk. Ofoto does not endorse or take responsibility for the content on other websites or the availability of other websites and you agree that Ofoto is not liable for any loss or damage that you may suffer by using other websites.

9. Amendment of the Terms

   We reserve the right to amend these Terms from time to time. If you have registered as a member, we shall notify you of any changes to these Terms by email sent to the address you have provided to Ofoto for your account. If you continue to use the Service once you have been notified of the changes to these Terms, you will be deemed to have accepted those changes.

10. Applicable Law and Jurisdiction

    These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the English courts.

11. General

    These Terms constitute the entire agreement between Ofoto and you with respect to your use of the Service. Ofoto's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable.

12. Comments

    If you have any comments or questions about the Service please contact us by e-mail at support@kodakmobile.co.uk or by telephone on +31 20 586 4856. Please note that telephone calls made by you to Ofoto may be randomly recorded and monitored for training and quality assurance.

    Part B: Provisions Applicable to Registered Members and Customers

13. Registration

    To purchase from or register as a member of the Service you must be 18 years or over.

    You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.

14. Password

    When you register as a member you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You must notify Ofoto immediately of any unauthorised use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your password if we believe that your password is no longer secure.

15. Formation of a Binding Contract

    No contract will exist between you and Ofoto for the supply of any services. or products unless and until Ofoto accepts your order by a confirmatory e-mail, SMS/MMS message or other appropriate means of communication.

16. Pricing and Delivery

    All prices are stated in pound sterling and are valid until altered by us. Prices are inclusive of VAT but exclusive of delivery charges and any import duties that may be added by the order destination country. Postage will be added to your order during the checkout process. Please click here for further information on delivery options and prices. In the event that you order products and the price published on the Service was incorrect, Ofoto will contact you to let you know the correct price and ask you whether you still wish Ofoto to fulfil your order at the correct price. Any dates specified for delivery of any products are intended to be an estimate only.

17. Right to Return

    You may return any item which you have ordered from us for any reason within 30 days of receipt. Please read carefully Ofoto's Return Policy which forms part of these Terms.

18. Copyright in Your Images

    Ofoto does not claim ownership rights in any image contained in your account; however, for the sole purpose of enabling us to display your images through the Service, and fulfilling any orders for you or those you have shared your images with, you grant to Ofoto a non-exclusive, royalty-free license to use, copy, distribute, and display those images. Please note that when you share images, you allow the recipients to share and make photographic prints from those images.

19. Conduct

    You are responsible for all of the images you upload, share or copy using the Service. You must have the legal right to copy and display each image that you upload, share or print. Professional images that are provided to you by professional photographers or made available through websites, magazines, books or other resources, are protected by copyright and should not be uploaded, shared or copied using the Ofoto service.

    You agree not to use the Service:

    1. for any unlawful purposes;
    2. to upload, post, order for print, e-mail or otherwise transmit or communicate any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libellous, vulgar, illegal or otherwise objectionable;
    3. to upload, post, order for print, e-mail or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party including, but not limited to Ofoto and Kodak;
    4. to harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
    5. to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
    6. to upload, post, e-mail or otherwise transmit any material which is likely to cause harm to Ofoto or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorised access to the Service which may cause any defect, error, malfunction or corruption to the Service;
    7. to make images hosted by Ofoto available for viewing by the general public through a publicly posted link to the image or otherwise;
    8. for any commercial purpose.

    You further agree that you shall not:

    1. interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or
    2. provide any information to Ofoto that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose.
20. Monitoring of Content

    Ofoto does not control the content of members' accounts and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material you provide to the Service.

21. Suspension and Termination of Access and Membership

    You agree that Ofoto may at any time without notice:

    1. refuse to accept your application to become a member of Ofoto;
    2. move or suspend any part of the Service; or
    3. refuse to fulfil any order, or any part of any order or terminate your account and delete any content stored in your account if, in Ofoto's sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires Ofoto to do so.
22. Storage Policy

    Ofoto provides free online storage of images to its members for an initial period of 12 months from the date you first upload an image to your Ofoto account. To maintain free storage, you need to make a purchase from Ofoto at least once every 12 months (the 12 month period will restart with each purchase). If you do not purchase any product or service from Ofoto for a period of 12 months, Ofoto may delete the images stored in your account. In addition, if your account becomes inactive for a period of 60 months, Ofoto may, at its option, terminate access to the account altogether (including deletion of any account information held by Ofoto). Ofoto may change this policy at any time, upon reasonable notice to you.

23. Disclaimer of Warranty and Limitation of Liability

    Ofoto agrees that all services will be carried out with reasonable skill and care, and any goods supplied will be of satisfactory quality and reasonably fit for their purpose.

    To the fullest extent permitted by law, all other warranties (express and implied) are excluded.

    Ofoto will only be liable to you for loss of or corruption of any images that we are storing for you, if that loss or damage is caused by a failure by Ofoto to use reasonable skill and care in providing its services to you. In each such case Ofoto's liability to you will be limited to an amount equal to any fees that you have paid to us in relation to the processing and storage of images which have been lost or damaged. In the event that Ofoto makes a mistake in connection with a product order, Ofoto will be liable only to the extent of its Returns Policy.

    Except as expressly provided in the preceding paragraph, to the fullest extent permitted by law, Ofoto shall not be liable for any direct, indirect, incidental, consequential, special, exemplary and punitive damages resulting from the use of the Service, even if Ofoto has been advised of the possibility of such damages.

    The exclusions of liability contained in these Terms do not apply to:

    1. any loss or damage resulting from death or personal injury caused by Ofoto's negligence; or
    2. loss or damages arising from Ofoto's fraudulent misrepresentation.

1. INFORMATION

   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 O2 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. CONTENT

   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. 

   PAYMENT

4. 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. SEVERABILITY

   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. PRIVACY POLICY AND DATA PROTECTION CONSENT

   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. GENERAL

   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.

Your Membership Terms and Conditions

1. Subscription is only available to persons aged 18 or over. By subscribing, the subscriber confirms they are aged 18 or over.
2. The Free Trial is available to new subscribers only. Existing subscribers, or those who have previously enjoyed a free trial period with LOVEFiLM, or any LOVEFiLM-powered site are not eligible and will be billed normally for use of the service.
3. The Free Trial is available once to one member of a household. Subsequent Free Trials at the same address are not permitted.
4. The subscriber undertakes to treat the DVDs and their associated packaging with the utmost care at all times. LOVEFiLM reserves the right to debit the subscribers' card with the replacement cost of the DVD if it is returned in an unreasonable condition (reasonable wear and tear excepted). In this event, LOVEFiLM will give advance notice before debiting the subscriber's card.
5. Subscribers may terminate their subscription at any time. Requests to terminate the subscription must be made via the LOVEFiLM web site. The subscriber must have returned all DVDs before termination is effective. Subject to no DVDs still being held by the subscriber, the termination will take effect immediately. Refunds will not be given for cancellations part-way through the billing period.
6. All DVDs remain the property of LOVEFiLM at all times. DVDs must not be resold or made available to hire by the subscriber.
7. The subscriber undertakes not to make any illegal copies of the DVDs.
8. LOVEFiLM will not be held responsible by the subscriber for any delays, outside LOVEFiLM's control, which relate to the shipping or delivery of discs.
9. LOVEFiLM reserves the right, at any time, to cancel the subscription of any subscriber.
10. Occasionally DVDs are lost in the post. In this situation, LOVEFiLM will despatch a replacement. However, LOVEFiLM reserves the right to cancel the membership of a subscriber indefinitely if it becomes apparent that the postal service in the subscriber's area is too unreliable

Bluebook & O2 Contacts Terms of Use

 

General

 

These terms and conditions set out the rules which apply to your use of the Bluebook (including Blueblog) & O2 Contacts services (the "Services"). You should ensure that you read these terms and conditions carefully as your use in any way of the Service constitutes your agreement to all terms, conditions, and notices contained or referenced herein. You also agree to be bound by the general terms and conditions located at www.o2.co.uk/termsconditions/webwapandimode, including in particular those related to User Generated Content. By accessing and/or using the Service you confirm that you are a UK resident. If you do not agree to these Terms of Use please do not use these Services.

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 Services subsequent to any revision of our terms and conditions, you agree to be bound by such changes.

Privacy Policy and Data Protection consent

 

O2 are not responsible for the content of the Services.

 

Information which you provide as part of the Services and other information which you may supply to O2 is subject to the O2 Privacy Policy. The current version of the O2 Privacy Policy shall be deemed incorporated into these Terms of Use. You can view the O2 Privacy Policy here:
http://www.o2.co.uk/termsconditions/o2privacypolicy

 

Termination of Services

O2 reserves the right to withdraw the Services at any time provided we give you at least 30 days notice by email or text message to the contact details provided by you to us. It is your responsibility to ensure that the contact details we hold are up to date.

Except as otherwise stated in the O2 Privacy Policy, O2 accepts no liability for the loss of data stored on the Services.

O2 can delete your account on the Services if your account is deemed inactive. An O2 Contacts account is deemed inactive where a customer has not backed up or restored a contact using the Service in the previous 18-month period. A Bluebook account will be held for a minimum of 90 days after you leave O2, as set out in these Terms of Use.

O2 reserves the right to alter this definition of “inactive” from time to time. O2 may also, in its sole discretion, 'recycle' phone numbers (i.e. re-allocate a number which has previously been used on the O2 network) and delete accounts for the Services associated with such number.

 

Governing Law

 

These Terms of Use are governed by English law. Both O2 and you submit to the exclusive jurisdiction of the English courts.

 

Bluebook

 

Description of Service

 

O2 Bluebook provides a user with access to web and WAP page hosting and sharing services. A user's website is known as their Bluebook. This includes, but is not limited to, the capability to post information to a web and WAP page through Internet and mobile phone technology.

 

Once a user's Bluebook is activated, all SMS and MMS messages that a user sends and receives using their registered mobile phone number will be automatically copied into their Bluebook, unless this option is switched off by the user. Users can also send texts, MMS and iMMS to 40202, and use the system and storage space facility free of charge.

 

O2 Bluebook enables users to create and publish content through Blueblog, which are publicly available web and WAP pages. All content published through Blueblog is accessible by anyone on the Internet and by all O2 customers through WAP using O2 Active. In addition, O2 will feature certain Blueblogs on the main Blueblog Web and WAP homepages. By publishing content on your Blueblog, you give O2 consent to feature your Blueblog in this way. Specific terms apply to Blueblog as set out below.

 

You are required to provide your own equipment (mobile phone and computer) in order to use the Services.

 

Charges

 

The following functionality is provided by O2 without charge, as part of Bluebook:

registration for Bluebook
- automatic copying of SMS and MMS messages
- sending SMS, MMS, i-mail and i-MMS messages to 40202
- use of Bluebook and Blueblog Web services (although note that you may be charged for Internet access by your Internet Service Provider).

O2 reserve the right to charge, in future, for the above services. O2 will notify users before any charges are introduced. Customers who register for Bluebook during a period where no charges are applicable will not subsequently be charged a registration fee even if they continue to use O2 Bluebook after the end of the free period.

 

The following functionality incurs charges as specified:
- downloading pictures or texts from Bluebook Web and WAP interface to your mobile phone: you will charged 25 pence per download, billed via Premium SMS
- Use of Bluebook and Blueblog WAP services: you will charged at your standard rate for accessing WAP services on your mobile phone.

 

Accessing another user’s Bluebook or viewing a Blueblog

 

You may be invited to access another user’s Bluebook or you may choose to view a Blueblog.  You acknowledge that O2 has no responsibility for the content viewed, accessed or obtained by you in this way.  O2 will not be liable for any loss or damage incurred by your access to any content stored by another user with their consent or incurred as a result of your allowing other users of Bluebook or Blueblog to view access or obtain Content stored by you using the Services.

 

Full terms and conditions, as set out below, apply to use of Blueblog.

 

Advertising and Promotion

 

O2 runs advertisements and promotions on user's Bluebooks. By creating a Bluebook account you agree that O2 has the right to run such advertisements and promotions. You also agree that you will not attempt to block or otherwise interfere with advertisements displayed on your Bluebook. Doing so is grounds for immediate termination of service. The manner, mode and extent of advertising by O2 on your Bluebook are subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and deliver of related goods or services, and any other terms, condition, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that O2 shall not be responsible or liable for any loss or damage or any sort incurred as the result of such dealings or as the result of the presence of such advertisers on the Service.

 

Leaving O2

 

Should you choose to leave O2 you will no longer have the ability to add content to your Bluebook site.  We will keep your content on the site for a minimum of 90 days, in that time you can copy your material and store on your personal hard drives.  

 

Transferring your mobile number

 

If you give your phone number or transfer the ownership to someone else and do not want this person to access the contents of your Bluebook account, it is your responsibility to delete the contents of your O2 Bluebook account and close it.

 

Viewing the contents of your account with an Internet Browser

 

You accept the risk that it may be possible for some of the content you view with an Internet Browser or WAP Browser to be intercepted while being transmitted across the Internet between a web browser or WAP browser and the Bluebook system.

 

O2 Contacts Service

 

Description of Service

The O2 Contacts Service allows you to store the contact details contained on your phone, and on your personal computer if you are an O2 Broadband customer, (each a "Contact") to your address book on O2's portal at www.o2.co.uk (your "Address Book"). In these terms, we refer to the process that allows you to store your Contacts in your Address Book as a "Backup".

General - these terms apply to all elements of the O2 Contacts

• Your Contacts will be stored for 18 months from the date of your last Backup.
• O2 retains sole discretion to determine whether you will be given an online account for the Service. Without an online account you cannot use O2 Contacts.
• If your mobile phone is disconnected from the O2 network, you will not be able to use the O2 Contacts Service. Your account for the Service will be cancelled automatically. You will still be able to access your on-line Address Book on www.o2.co.uk. It is your responsibility to ensure that you have taken a copy of the data prior to closing the account.
• If you have a Brite handset, you will not be able to use the Service.
• The Service is not compatible with O2 One Number service.
• You must tell O2 if you transfer the ownership of your mobile number. If you do not then O2 cannot be held responsible if the subsequent owner of your mobile number gains access to your contacts.
  

Charges

 

There is no charge for backing up your phone using O2 Contacts.

If you lose your handset and keep your mobile number, you will be able to restore your Contacts free of charge to your new number when you activate your new Pay Monthly SIM. For Pay & Go SIMs, you will be able to restore the contacts free of charge only once your existing mobile number has been ported to your new SIM - this may take up to three (3) days.
In both cases you’ll need to have a phone handset supported by the service to restore your contacts on your new phone.

O2 reserve the right to charge, in future, for this restoration service. Such charges will apply regardless of when the O2 Contacts was set up. O2 will notify users before any charges are introduced, such notification being made via the O2 Contacts website.

 

Backup via SyncML

• The O2 Contacts Service is only available if you have a SyncML compatible handset, and if your handset is supported by the O2 Contacts service. Not all SynML phones are compatible with O2 Contacts. This service will not work if you subsequently change your handset to a non-SyncML compatible handset.
• The O2 Contacts Service can be used while abroad, subject to international roaming agreements and applicable tariff charges.
• Customers on the border in Republic of Ireland/Northern Ireland must select O2UK to be able to use the O2 Contacts Service when synchronising over GPRS WAP or GSM WAP.
  

Business Customers Only

• Business customers must inform O2 if the mobile number used by an employee who registered for the Service is subsequently re-allocated to a different employee.
• If an employee leaves the company, the following steps must be taken:-
  • the mobile number associated to the account on the Service must be changed (this can be done by registering a new mobile number on o2.co.uk)
    OR
  • the account for the Service for that mobile number should be closed.
• Failure to follow these steps means O2 cannot be held responsible if the subsequent owner of your mobile number gains access to the previous owner's contacts.

Blueblog

Information

These terms and conditions set out the rules which are applicable to your participation in the Blueblog, including in particular any comments or other content which you submit to Blueblog ("Content"). "Our", "we" or "us" means Telefónica O2 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 Blueblog constitutes your acceptance of these terms and conditions. You also agree to be bound by our general web, wap and i-mode® terms and conditions located at http://www.o2.co.uk/termsconditions/webwapandimode ("General Terms"), including in particular the "Acceptable Use" terms at paragraph 5 and our privacy policy located at http://www.o2.co.uk/termsconditions/o2privacypolicy ("Privacy Policy").

This Blueblog is restricted to those aged 18 years or over. You therefore confirm that you are 18 years or over and a UK resident. We reserve the right to verify eligibility of users.

Content

The Blueblog is provided for your use. The views and opinions that may be expressed on the Blueblog do not reflect those of Telefónica O2 UK Limited.

You must not submit any Content that does not comply with these Terms.

Entries on Blueblog must not contain images of people unless their prior express consent has been obtained; must not contain material which is the subject of copyright in the UK or worldwide or features predominantly or solely a trade mark or logo not owned or licensed by you; and must not contain material which is potentially offensive (including, but not limited to, because it is adult or pornographic in nature), defamatory, indecent, illegal or in any way objectionable.

 

Links to 3^rd party sites are permitted as long as the link and the site to which the link leads, also comply with these criteria.

Specifically, you must not use the Blueblog to display any Content that is:-

• in contravention of any relevant local, national or international law or which incites or encourages the contravention of any such law
• racist, sexist or homophobic
• pornographic, obscene, profane or vulgar
• defamatory of any person, entity or organisation
• abusive, threatening or otherwise likely to be harmful to those persons using the Blueblog  
• otherwise offensive in the opinion of Telefónica O2 UK Limited
• contains contact details such as personal phone numbers or email addresses
• infringes the rights (including the intellectual property rights) of any person, entity or organisation; or
• related to the conduct of a business.
  

Should you find any Content that you feel is in contravention of these terms and conditions, please let us know via the 'report abuse links' or the ‘Contact us'. You can find these links at the bottom of each individual post.

You are responsible for ensuring that you comply with these requirements. However, we may review the Content you submit to the Blueblog for suitability and compliance with our terms and conditions and other criteria. 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 permanently terminate your access to the Blueblog.

 

You acknowledge that any breach of these warranties may cause us damage or loss and you agree to indemnify us in full and permanently against any third party liabilities, claims, costs, loss or damage we incur as a result of publishing material you submit to us, including consequential losses.

 

Ownership and Licence of Content

We do not claim ownership of any Content you submit or make available via the Blueblog 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 Blueblog 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, make available to the public (on the Blueblog 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 Blueblog, 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 Blueblog. If you do not want to grant us the rights set out above, please do not submit your Content.

Severability

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.

Privacy Policy and Data Protection Consent

Information which you provide to us as part of the Blueblog and other information which you may supply to us is subject to our Privacy Policy.

The current version of our Privacy Policy shall be deemed incorporated into our terms and conditions.

In addition to the terms set out in our Privacy Policy, you should be aware that your data will not be shared with, sold or distributed to any third parties, unless:

• we have your consent to do so (either under the Privacy Policy or with your express consent from time to time)
• we are required to do so by law
• we believe it is necessary to protect the rights or property of O2, a customer or a member of the public; or
• a third party is acting on our behalf (which may include third party service providers based in a jurisdiction which does not treat data as securely as the UK does).

1. For the purpose of these terms and conditions (which are in addition to the standard airtime contract terms and conditions and the O2 Web and WAP services terms found at www.o2.co.uk/terms), "We", "Us" and "Our" means Telefónica O2 UK Limited of 260 Bath Road, Slough, Berkshire SL1 4DX. "You", or "Your" refers to you, the customer and user of the O2 Extras Service. By using the O2 Extras Service You are deemed to have accepted these terms and conditions.
2. We are the promoter of the O2 Extras Service, a permission- based marketing and Information service for O2 Active by Us to You ("the O2 Extras Service"). You agree to receive via your mobile phone a number of O2 Extras messages per month up to a maximum of 12 O2 Extras marketing messages per month. On average you will receive 5 O2 Extras messages per month although the number of O2 Extras messages sent will be entirely at O2's discretion and O2 are under no obligation to send any minimum number of messages. O2 may modify or withdraw the O2 Extras Service at any time. If we change these terms to your disadvantage we will notify you by text message.
3. Access to the O2 Extras Service is only open to O2 users aged 16 years or over who have registered to opt in to receive O2 Extras messages and have been accepted by O2. We reserve the right to verify the eligibility of users. You agree that your personal data supplied on registration and when making an order for the O2 Extras Service may be used by Us or our agents for the following purposes: to send you O2 Extras messages, to monitor the use of the Service and from time to time to evaluate if we can improve the Service for customers. Our privacy policy can be viewed here http://www.o2.co.uk/privacy.html.
4. You can subscribe to the Service by text,(standard text rate applies] by texting "Extras" to 2002 or on WAP (standard wap browsing charges apply), by going to the O2 Extras icon in O2 Active. O2 reserves the right to verify the eligibility of users. The O2 Extras Service is currently free to all users. However, O2 reserves the right to charge for the O2 Extras Service at a later date, but we will notify you 30 days in advance of any introduction of charges by text message.
5. We reserve the right to change these terms and conditions at any time. If you do not opt out of the O2 Extras Service You will be deemed to have accepted the varied terms and condition which will be posted on www.o2.co.uk/terms
6. Any use of the Service by You is on an "as is" and an "as available" basis. You acknowledge that O2 has no control over content provided by third parties and that O2 excludes all and any liability in respect of material contained on the O2 Extras Service. You agree and accept that the O2 Extras Service is for Your own personal use and shall not be used for commercial purposes.
7. The O2 Extras Service and features within the O2 Extras Service may also be protected by intellectual property rights belonging to O2, its licensors or to third parties. No licence is granted to You in respect of any such rights, except to the extent required for Your personal use of the O2 Extras Service in accordance with these terms and conditions. O2 and any other O2 product or service name are trade marks of O2 and You shall not be entitled to reproduce such marks (other than to the extent required for Your personal use of the O2 Extras Service) without our prior written consent.
8. Components of the O2 Extras Service are supplied to Us by third parties and We cannot be held responsible for and do not accept any liability, either express or implied as to the O2 Extras Service, including but not limited to its accuracy, relevance or quality.
9. Any use of the O2 Extras Service is entirely at Your own risk and in no event shall We be liable for any indirect, incidental or consequential damages including without limitation loss of income, data or other information as a result of the use of the O2 Extras Service.
10. To opt out of the O2 Extras Service You should visit the O2 Extras homepage at www.o2.co.uk/o2extras. You will be able to opt out by using the unsubscribe link on the homepage. Alternatively You can opt out by sending "STOP EXTRAS" to 2002 via SMS.
11. It will take 24 hours to opt out of the O2 Extras Service from the time you unsubscribe yourself from the homepage. You will receive a text message to confirm when your request to opt out has been processed.
12. These terms and conditions are governed by English Law and You and We submit to the non exclusive jurisdiction of the English Courts.
13. For customer service issues users should contact O2 Customer Services by emailing O2Extras@o2.com, or by calling 0844 880 6780

1. INFORMATION

   1.1 Our terms and conditions set out the rules which are applicable to your participation in the "How Low Will It Go" reverse auction. You should ensure that You read these terms and conditions carefully as your participation in the auction 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/terms.

   1.2 You confirm that you are 18 years or over, and a UK resident. This offer excludes employees of Telefónica O2 UK Limited or Million-2-1 Limited, or any of either of those parties' subsidiary companies, families, agents or anyone else connected with this auction. We reserve the right to verify eligibility of entrants.

2. DEFINED TERMS

   2.1 "Bid" means the offer to purchase a specified Lot at a stipulated price, as communicated to Us by means of a text message.
   "Bidder"/"You" means the individual who participates in the auction by placing a Bid.
   "Lot" means any product from time to time stipulated by Us, to be auctioned by Us (and reference in these terms and conditions to "the Lot" will include, unless the context otherwise requires, references to individual items comprised in a group of two or more items offered for sale as one lot).
   "Lowest Unique BidTM" means the lowest whole number Bid for a Lot that is closest to one (1), that has not been selected by any other Bidder.
   "Offer" has the meaning set out in clause 3.1,
   "Our", "We" or "Us" means Telefónica O2 UK Limited, a company registered in England (Company Number 01906156) and Million-2-1 Limited, a company registered in England and Wales (Company Number 04006717). Our address for correspondence is to Million-2-1 Limited is PO Box 430, Altrincham, WA14 2WW and to Telefónica O2 UK Limited is 260 Bath Rd, Slough SL1 4DX.

3. OFFER

   3.1 We may, from time to time, as stipulated offer a Lot for sale by way of auction (the "Offer") subject to the following conditions:

   1. each Offer shall be a contractual offer to sell the Lot to the Bidder who bids the Lowest Unique BidTM; and
   2. each Offer shall remain open for such period as We shall stipulate but may be revoked at any time by notice from Us.

   3.2 We will accept only a limited number of bids per mobile phoneto be determined by Us in our absolute discretion which will not, in any case, exceed 30 bids (per month).

4. ACCEPTANCE

   4.1 Each Bid you make shall be capable of unconditionally accepting the Offer.

   4.2 Bids may only be made in pence and cost £1.50 per Bid.

   4.3 An Offer shall be deemed accepted by Us when after closing the bidding on a date specified in advance, we determine the text message containing the Lowest Unique Bidder outlining his or her Lowest Unique BidTM.

   4.4 The Lowest Unique BidTM shall be determined by Us in our absolute discretion after the expiry of the time period of the auction.

   4.5 Confirmation of the identity of Lowest Unique Bidder shall be communicated to the individual Bidder by Us, by whatever means we deem appropriate but no later than 2 weeks after the expiry of the time period.

   4.6 On the acceptance of the Offer by the Bidder who texts to Us what is determined to be the Lowest Unique BidT ("the Successful Bidder"), a binding legal contract is made for the sale of the Lot by Us and the Successful Bidder assumes full responsibility for the Lot.

   4.7 Details of the Successful Bidder may be obtained by sending a stamped self-addressed envelope to.O2 How Low Can You Go, Million-2-1 Limited PO Box 430, Altrincham, WA14 2WW

   4.8 There will be no cash alternative and Lots are non-transferable. O2 reserves the right to provide a substitute Lot of similar value should the specified Lot become unavailable.

5. PAYMENT AND PASSING OF TITLE

   5.1 The Successful Bidder shall be required, within seven (7) days of notification of the success of his or her Bid to purchase the Lot from Us for the sum equal to the Lowest Unique BidTM ("the Purchase Price").

   5.2 On full payment of the Purchase Price, We will arrange for the delivery at our cost of the Lot to the Successful Bidder.

   5.3 All payments to be made by the Successful Bidder shall be made to Us in pounds sterling and pence and sent by cheque payable to Million21 Limited.

   5.4 Title to the Lot will only pass to the Successful Bidder on receipt by Us in cleared funds of the full Purchase Price.

6. DISCLAIMER AND LIMITATION OF OUR LIABILITY TO YOU

   6.1 Nothing in this Agreement will be construed as excluding or restricting (whether directly or indirectly) Our liability for death or personal injury caused by Our negligence or for fraudulent misrepresentation. Subject to the foregoing, Our liability to You shall be limited to the value of the Lowest Unique BidTM whether caused by breach of contract or tort, including negligence or otherwise. For the avoidance of doubt, entries that are incomplete will be deemed invalid. O2 accepts no responsibility for entries lost, delayed or incomplete in transmission.

   6.2 In any event, We will not be liable for any damages or losses whether direct or indirect that You may suffer as a result of failure by us to recognise, process or accept Your Bid including, but not limited to access delays or interruptions, data non-delivery or mis-delivery, any acts of God, war or terrorism, breaches of security or unauthorised use of personal data arising from hacking and /or failure or lack of reception of telephone or mobile telephone networks.

   6.3 To the maximum extent permitted by law, all warranties and representations of any kind in relation to the accuracy of the description, or estimated value of the Lot shall be excluded. We undertake no obligation to investigate or carry out any test in sufficient depth on each Lot to verify the accuracy or otherwise of the description given and you should not place any reliance on such descriptions or assume that such investigations have taken place. Accordingly We will not be liable for any misstatement, error or omission from the description of any Lot.

7. SEVERABILITY

   7.1 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.

8. PRIVACY POLICY AND DATA PROTECTION CONSENT

   8.1 Information which You provide to Us as part of the bidding process (including but not limited to your name, address and mobile telephone number) and other information which You may supply to Us is subject to Our Data Protection and Privacy Statement.

   8.2 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.

   8.3 We take your privacy seriously. Please refer to our privacy policies for Telefónica O2 UK Limited at http://www.O2.co.uk/privacy and for Million-2-1 at www.million21.com/terms/privacy

9. GENERAL

   9.1 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.

   9.2 We reserve the right to review and revise Our terms and conditions from time to time without giving You prior notice and by participating in the auction subsequent to any revision of Our terms and conditions, you agree to be bound by such changes.

1. All Telefónica O2 UK Limited and Online Customers on Pay & Go Original, Pay & Go Talkalotmore and Pay & Go Talkalot tariffs are able to use the O2 Lend Us A Quid Service (“LUAQ Service”).
2. Eligible customers must have topped up at least once and must have a balance of £0.50 or less. If you change from a high street to an online tariff or vice versa you will need to top-up at least once on the new tariff before you can use the LUAQ service.
3. In the event that your balance falls below £0.50 and you wish to make a call you can call the top up line free from your mobile on 4444 and choose to use the LUAQ Service within the top-up option. Using the LUAQ Service will lend you £1 of calltime that will be repaid out of your next top-up. For example if your balance is £0 and your next top-up is £10, after the LUAQ service is repaid you will have a balance of £9 calltime
4. You must top up within a maximum of 7 calendar days from the day the £1 was borrowed to repay the £1 or an additional one off surcharge of £0.25 will be deducted from your next top-up. For example using the scenario above, if your next top-up of £10 is 8 days after your initial loan then after the LUAQ service is repaid you will have a balance of £8.75 calltime.
5. A reminder text will be sent if you have not repaid the £1 within 5 days.
6. You will not be entitled to benefit from the LUAQ Service a second time until you have topped up and repaid any outstanding LUAQ calltime.
7. O2 reserves the right to withdraw or amend this offer at any time. Notice by text message will be provided to customers who have used the service before it is withdrawn. Notice will be effective immediately.
8. To pay back the £1 borrowed you must top up as normal. Any money added to your account as part of O2 promotions will not pay back the £1 owed.

To view please click here

 

The O2 Business Starter Pack Offer is only available to customers who sign up to a contract containing as a minimum a 12 month Minimum Periodon one of the following O2 Business Tariffs at standard published O2 Price List rates and on standard O2 business terms and conditions between 1 st March 2007 and 31 st August 2007 (“Eligible Customers”):

Best for Business 250, 400, 600, 1000, 1500, 2000, 5000, 10000, 25000 and 50000.

Eligible Customers will not be charged the monthly Line Rental Charge for the applicable tariff for the first two months of their contract period. The first two months’ invoices will only include chargeable calls or data usage.

From the start of month three of each Eligible Customer’s contract period onwards, the published O2 Price List monthly Line Rental Charge for the applicable tariff will be charged in addition to chargeable calls and data usage. Details of all monthly Line Rental Charges for O2 Business Tariffs are available at www.o2.co.uk/business.

Eligible Customers will also be entitled to use the O2 Concierge Service free of charge for the first two months of their contract period, subject to a maximum of ten (10) concierge requests per Eligible Customer in total. Details of services offered by the O2 Concierge Service can be found at www.o2.uk/business. The O2 Concierge Service can be accessed by calling 0207 4792784.

Free use of the O2 Concierge Service is subject to validation as to a customer’s entitlement to use, or continue to use, the O2 Concierge Service each time a concierge request is made.

Once:

the two month free period for the O2 Concierge Service expires; or

an Eligible Customer has used their maximum of ten (10) concierge requests;

customers still wishing to use the O2 Concierge Service can opt to subscribe to the O2 Concierge Service and will need to enter into an agreement directly with Ten Lifestyle Management Limited, the supplier of the O2 Concierge Service.

Promoter: Telefónica O2 UK Limited, 260 Bath Road, Slough, SL1 4DX.

O2 reserves the right to withdraw or amend the terms of the Business Starter Pack Offer at any time and any such changes will be published on O2’s website at least 7 days prior to the withdrawal or amendment taking effect.

 

O2 Wireless LAN Service – terms & conditions

1. To use the O2 Wireless LAN service the Customer must be on an O2 Business Voice or Business Data tariff connected to the DISE billing system*.
2. Use of the O2 Wireless LAN service is subject to the Customer agreeing to and complying with O2's standard terms and conditions for Business customers. A copy of the Consumer and Business Customer Standard Terms and Conditions can be found at terms and conditions.
3. O2 has a list of devices (with appropriate software versions) and operating systems that are approved to access the O2 Wireless LAN service. Full details are available via the Wireless LAN page. The Customer is responsible for the provision of and payment for the devices (with appropriate software versions) necessary for use and connection to the O2 Wireless LAN Service.
4. The O2 Wireless LAN Service is available at specific locations in the UK and selected locations outside of the UK, which are subject to change from time to time. A current list can be found on the Wireless LAN page in the regularly updated hotspot directory.
5. The WLAN Max tariff is subject to a 12 month minimum subscription period and allows the user unlimited use of the O2 Wireless LAN service, and is subject to the following fair usage policy:

WLAN Max Tariff Fair Usage Policy

Monthly usage of the O2 Wireless LAN service on the WLAN Max tariff is expected to be below 80 hours per month. Excessive use, determined at O2's discretion, acting reasonably, will constitute abuse. O2 reserves the right to monitor usage, to apply additional charges and/or withdraw the WLAN Max tariff from any individual SIM Card, or all SIM Cards, contracted to the Customer at any time in the case of overuse or abuse of the WLAN Max tariff Any charges for overuse will be on the basis of the next appropriate time-based O2 Wireless LAN tariff.

6. The Customer may purchase each single type of WLAN pass only once in any 30 day period per SIM Card. The Customer will not be able to purchase the same type of WLAN pass for use on a SIM Card for which that type of WLAN pass has already been purchased in the previous 30 days.
7. O2 reserves the right to withdraw the O2 Wireless LAN service from any individual at any time in the case of actual or suspected overuse or abuse of the service.
8. O2 reserves the right to amend these terms from time to time, but will provide Customers with at least 30 days notice of any changes, or as much notice as is reasonably practicable where such change arises as a consequence of changes imposed by a third party.

* Existing customers on the WLAN Max tariff may be on a Business voice or Data tariff not on the DISE billing system.

For the purpose of these terms and conditions, any use of "O2", "We", "Us" or "Our" means Telefónica O2 UK Limited of 260 Bath Road, Slough, Berkshire SL1 4DX ("O2").

"You", "Your" or "O2 Customer" refers to you, the O2 customer and user of the Photocard Services.

By using the Photocards Service, you are agreeing to the WAP terms and conditions you receive when utilising the Photocards Service and to all terms, conditions, and notices contained or referenced herein including O2's general terms (including data protection and privacy principles) at www.o2.co.uk/termsconditions (together, the "Terms of Use"). If you do not agree to these Terms of Use then do not use the Photocard Service. O2 reserve the right, at our discretion, to update or revise these Terms of Use at any time without notice to you. Please check the Terms of Use periodically for changes. Your continued use of the Photocards Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

 

DEFINITIONS

"Public Messages" means the media message you send into the Shortcode containing the photo and the associated text that you wish to accompany the photo on the front of the Photocard.

"Photocard" means the photocard sent on your behalf to a postal address you designate containing both Private Messages and Public Messages.

"Photocards Service" is described in clause 2 below.

"Private Messages" means the private, personal message you wish to have printed on the reverse of the Photocard.

"Shortcode" means the shortcode 61234 (or such other shortcode as O2 may determine from time to time) used for this Photocard Service.

"Territory" means any location where an O2 customer can send an Media Message to a Shortcode.

1. The Photocards Service is, initially, only available to O2 customers capable of sending Media messages to the Shortcode within the Territory.
2. DESCRIPTION OF SERVICE - O2 Customers who are able to take a photo on their media messaging mobile, can send that photo as a Media message to the Shortcode. (Initially, customers can obtain information about the Photocards Service and the submission details by texting ?Photocard? to 80202). The Photocards Service, on receipt of the Media message, will then send back to the O2 Customer a wap push message, containing a form for the O2 Customer to fill out to state the Name & Address of the proposed recipient, a space for a text caption for the front of the Photocard, and a space for personalised message for the back of the card. All submissions will be moderated and, if acceptable (see moderation rules below), then they will be sent for printing and sending. Moderation will look at the submitted image and text caption in context before deciding if it meets the acceptable criteria (again see below for details).
3.  Once the completed wap form is received by O2, the O2 Customer will be billed by Premium SMS (see below). The O2 Customer will be sent an SMS notification that tells them their submission has been received. The Photocard is then moderated and if it is found to be unacceptable, the O2 Customer will receive an SMS notification telling them that the Photocard is not acceptable and that they should check the T&Cs before submitting another request. In such circumstances, the O2 Customer will be credited the amount of ?1 Photocard? which will be applied to their account, so the next time the O2 Customer sends a Photocard, it will be free. Please note that while you will be credited with one Photocard, you will not be refunded the cost of sending your Media message. It is your responsibility to check what you can and can't do BEFORE sending the Media message.
4. If the Photocard is acceptable, the Photocard will be sent by first class post via the Royal Mail to the proposed recipient as that recipient is prescribed by the O2 Customer on its wap submission form. 
5.  The service is currently available to customers connected to the O2 mobile network but O2 reserves the right to extend the Photocard Service to users of other network providers at a later date.
6. Photocards previously sent by the customer will be stored by O2 and be available for re-use by the customer for 90 days from the original creation date of the Photocard.  The customer will be given the option of selecting previously sent Photocards which can be amended and sent to new recipients. The standard Photocard charge will be incurred for sending the Photocard to a new recipient.  All costs and other conditions of the service remain the same.
7. If there is a period of inactivity for 90 days or more where the customer has not uploaded at least one new image to Photocard from their phone, then previously sent Photocards and all associated data will be removed.  The customer simply needs to send another photo to Photocard in order to use the service again, but will need to re-enter messages and data such as names and addresses of recipients.
8. COST OF SERVICE - The trial offer to use the Photocards service is £1.50 (including VAT) (billed by premium SMS) plus your standard cost of sending a media message. Users must provide their own equipment (i.e. Media messaging and WAP enabled mobiles) and the user must pay any connection fees necessary to connect to the O2 WAP service.

9. USER CONDUCT - You agree to abide by these Terms of Use, including but not limited to, agreeing not to use the Photocard Service for any unlawful purpose. You agree that you will not include in any Public Messages any images or text, that:

        o  is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortuous, contains explicit or graphic, images, descriptions or accounts of violence or sexual acts, including but not limited to improper sexual language or language of a violent or threatening nature directed at another individual or group of individuals.

        o  is in connection with any criminal offence.

        o   Causes annoyance, inconvenience or needless anxiety.

        o    makes reference to pornographic or illegal acts including child abuse or child pornography, adult material that breaches the Obscene Publications Act or any other applicable law or contains criminally racist material or reference to acts of Rape, Bestiality, Necrophilia or Scat.

        o   makes reference to or is in the assistance of Terrorist or Extremist Organisations. makes reference to Drug use, distribution or abuse.

        o   makes reference to Self-Harm or Suicide.

        o   that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.

        o    That infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

        o     That constitutes unauthorized or unsolicited advertising, junk or bulk messages ("spamming") or any other form of unauthorized solicitation, or any form of lottery or gambling.

        o     That attempts to obtain unauthorized access to any data or other information of any third party.

        o     That impersonates any person or entity, including any employee or representative of O2.

        o     O2 reserves the right to report to the police, or to any relevant authority, any breaches of the above which O2, in its absolute discretion, deems necessary to report, and such reports may include your name, mobile telephone number and the Private and Public Messages.
10. MONITORING/MODERATION - O2 will monitor and moderate all Public Messages and may, in the event that you do not comply with the User Conduct (at clause 7 above), reject your message, issue you with warnings, barr and/or blacklist you if your Public Messages (or part thereof) contains any of the types of information or images and/or cover the types of activities stated above. O2 further reserves the right to edit Public Messages should editing allow the content to comply with the User Conduct at 7 above, including but not limited to blurring images, replacing text with ?*? or other such means of modifications and you grant O2 a limited licence in your work to do that. O2 is not responsible for any failure or delay in removing such content. 
11. REJECTS - In the event that a Photocard is rejected, rejected submissions will not be forwarded to the printing process, and the O2 Customer will automatically receive an SMS message that tells them their submission has been rejected and that they should consult the terms and conditions of use. The O2 Customer will have credit of "1 Photocard" applied to their account, so the next time they send a Photocard, the Photocard will be free but they will still have to pay the standard cost of sending their Media message and any WAP session times associated with that.
12. BARRING & BLACKLISTING - If an O2 Customer has had 3 submissions rejected within a rolling 3 month period, then the Customer will be automatically barred from using the Photocard Service. This is to encourage the O2 Customer to understand the acceptable rules for using the Photocard Service before they continue using it. Once a customer is barred, all subsequent submissions sent to the Shortcode from that mobile phone number will be blocked and the O2 Customer will receive a message from O2 saying that they are not able to use the Photocard Service for those reasons. The Media message that has been sent and blocked is not recoverable (i.e. the image is not stored), however a mobile phone number can have the bar removed if there is sufficient reason why this should be done (at Customer Services' discretion). If a submission was considered to be extremely offensive (eg. blatant nudity or containing offensive text within the text caption) then the customer could be barred immediately. This includes (but is not limited to) submissions that are referred to the Police or other relevant authority where appropriate. Customers who have sent in submissions of this extreme nature may be permanently barred from the service by being placed on a Blacklist. It is not possible to remove a mobile phone number from the Blacklist once it has been added. If you have been blacklisted, you will forfeit any credited Photocard that you were due as a result of being rejected for a failed Media Message, as you will no longer be able to use the Service.
13. LIMITED LICENCE OF COPYRIGHT - You grant O2 and its subcontractors an irrevocable, royalty-free, transferable and sub-licensable licence to use, alter, adapt, publish, modify, enlarge, reduce, and/or crop the Media image and/or text in the Public Message so that O2 can provide the Photocard Service to you. Copyright in the original image at all times remains with you.
14. MOBILE COMPATIBILITY - Most Media messaging mobiles support the Photocards Service. Please check the FAQ section here www.o2.co.uk/services/messaging/photocards/f