O2 Clip It terms and conditions
- the website through which non-registered users of O2 Clip It can view content from O2 Clip It and all proprietary services, software, data and materials accessed via the website (the "Site"); and
- the O2 Clip It application and all proprietary services, software, data and materials accessed via the application (the "App").
By using the Site and/or the App, you agree to be bound by these Terms in full. If you disagree with these Terms or any part of them, you must not use the Site and/or the App.
(2) Licence to use the Site and App
Save for User Content (as defined below), the past, present and future content of the Site and/or App (including without limitation, software graphics, text, images, designs, compilations, databases, targeting information, and the trademarks, logos, domain names, trade names, service marks, trade identities; any and all copyright material (including source and object code); and all other materials related to the Site and/or App (the "Content") is protected by applicable copyrights, trademark rights, database rights and other proprietary rights. O2 (and/or our licensors) own the Content. Other than as expressly permitted in these Terms no rights (whether by implication, estoppel or otherwise) in or to the Content are granted to you.
Subject to strict compliance with these Terms, we grant you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferrable licence to use the Site and/or App and to view, download for caching purposes only, and print pages from the Site for your own personal use.
(3) The App
The App may be accessed and downloaded via the Site, Google Play the App Store or any other platform on which the App may become available, and may be operated on any compatible devices ("Devices"). Use of the App must be strictly in accordance with the Google Play terms and/or the App Store terms and conditions as applicable. You must not download and/or use the App on a device that you do not own or control.
(4) Registered users
Registered users have the ability to:
- record and share 63 second clips of audiovisual footage ("Clips") with others (via their email address, phone number or Facebook profile) and/or to send private Clips to other registered users via their personal inbox;
- complete a personal profile,
- add a message to any Clips prior to sharing; and
- send Clips to non-registered users via a weblink.
The above being the "Service".
Use of the Service via the App is restricted to registered users.
You must be aged 16 or over to become a registered user and you warrant that you have the capacity to understand, agree and adhere to these Terms. Furthermore, if you are under the age of 18, you must ask a parent or guardian for permission before you register as a user of the Service.
To become a registered user, you need to download the app and enter your phone number in it then follow the steps set out to complete registration. You will be required to provide us with information about yourself and you warrant that all the information you provide to us as part of the registration procedure is true, accurate, fair and complete.
As part of the registration process, you will be asked to select a username. We may refuse to permit, or may insist that you change, any username and that has already been taken by another registered user, impersonates another person or breaches the provisions of Sections 6 and 7 below.
You are solely responsible for all acts or omissions that occur under your registered account, including any User Content (as defined below) uploaded or shared via the App. For this reason, registered users must ensure they do not allow anyone other than themselves to access their account. If you become aware or believe that your account has been used without your authorisation, you must notify us immediately at email@example.com. We shall then take such steps as we deem appropriate to deal with this actual or perceived user account security breach.
O2 may in its sole discretion and without notice disable access to the App, delete accounts, delete your User Content and delete any information associated with an account.
(5) User generated content
"User Content" means material (including without limitation Clips, text, images, audio material, video material, audio-visual material and any underlying material) that you submit to the Site or share via the App, for whatever purpose. If you submit or share any User Content to the Site or via the App, you must comply with the User Content Standards set out below.
You shall remain the owner of the copyright in any original User Content that you submit or upload on to the Site or share via the App. By uploading, submitting or sharing any User Content to any area of the Site or sharing it via the App and in consideration of us making available to you the opportunity to upload or submit User Content (which you acknowledge as a sufficient benefit to you), you:
- grant to other registered users of the Service, a worldwide, non-exclusive, royalty-free licence to access, use, reproduce, distribute, prepare derivative works of, display and perform your User Content to the extent permitted by the functionality of the Service and under these Terms.
- grant to us the right to bring an action for infringement of these rights.
You agree to waive any moral or similar rights in any jurisdiction that you may have in and to any of your User Content, even if the User Content is modified, altered or changed in a way which is not agreeable to you.
The permission you have granted to us is not exclusive and you may continue to use the User Content in any way, including allowing others to use or exploit it, provided that such use does not interfere with or impair the rights you have granted to us pursuant to these Terms.
You warrant to O2 that:
- the User Content is your own original work and you own the entire right, title and interest in and to the User Content and/or you have all necessary licences, rights, consents and permissions to use, and to authorise us to use the User Content in the manner contemplated by these Terms; and
- any User Content you submit or upload on to the Site or share via the App complies with the User Content Standards set out below.
O2 is not the source of, does not monitor and does not have any control over, the content of User Content submitted or shared by you or any other registered users. O2 takes no responsibility for any such content nor in anyway do we endorse the opinions, statements or advice expressed in or by any User Content. You understand that you may be exposed to content which does not comply with the User Content Standards as contemplated by Section 6 below including material which may be obscene, offensive or otherwise contravenes these Terms.
(6) User Content Standards
As a registered user we allow you to upload or submit User Content to the Site and/or share User Content via the App. Whenever you upload, submit or share User Content, or make contact with other users of the Service, you must comply with the standards set out below.
The following is a non-exhaustive list of the kind of User Content that is illegal or prohibited on the Site or App. Content which:
- is or may be interpreted as, obscene, indecent, blasphemous or offensive, or that promotes bigotry, hatred, or physical harm on any kind of group or individual;
- harasses or advocates harassment of any person;
- exploits people in a sexual or violent manner;
- contains images or photographs of nudity, violence or offensive subject matter (in an explicit, graphic or gratuitous manner) or contains a link to an adult website;
- solicits personal information, passwords or personal identifying information from other users;
- provides any third party telephone numbers, street addresses, postal codes or email addresses;
- promotes information that you know is false or misleading;
- promotes conduct that is abusive, threatening, obscene, defamatory or libellous;
- promotes illegal or unauthorised copying of another person's copyrighted work, such as providing pirated audiovisual footage or links to pirated audiovisual footage, providing information to circumvent manufacture-installed copy-protection devices, or providing pirated music or links to pirated music files;
- involves the transmission of junk email, duplicate or unsolicited messages, "spamming" or "phishing";
- contains restricted or password only access to pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal, illegal or unlawful purpose, activity or enterprise or provides instructional information about illegal activities including but not limited to making or buying illegal weapons, violating someone's privacy or providing or creating computer viruses;
- involves commercial activities and/or sales without our prior written consent such as contests, promotions, chain letters, surveys, or pyramid selling schemes;
- includes a photograph or audiovisual footage of another person without that person's consent;
- infringes the proprietary rights of a third party including any patent, copyright, moral right, database right, trade mark right, design right, trade secret rights in passing off, rights of privacy, publicity, confidence, or under data protection legislation or other intellectual property law;
- is or may be capable of giving rise to legal action whether against you, us or a third party (in each case under any applicable law) or be in breach of any contractual obligation owed to any person or be in contempt of any court; or
- is capable of being construed as negligent advice or which consists of or contains any negligent statement or any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage.
We have the right but not the obligation, at our sole discretion and without notice, to remove any User Content that you submit or upload on to the Site and /or share via the App. Notwithstanding our rights under these Terms in relation to User Content, we do not undertake to monitor the accuracy, truthfulness of User Content or that it complies with this clause 6.
(7) Activity which is prohibited
The following is a partial list of the kind of activity that is illegal or prohibited on the Site and/or the App.
Prohibited activity includes but is not limited to:
- uploading third party User Content without that third party's prior written consent, or User Content that falsely expresses or implies that O2 sponsors or endorses such User Content;
- criminal activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement or theft of trade secrets;
- interfering with or disrupting another user's use and enjoyment of the Site, App or Service or use the Site, App or Service in any other manner that could damage, disable, over burden or impair the Site, App or Service;
- altering, adapting, modifying, copying, translating, reverse engineering, hacking or using any other means to retrieve or index any part of the Site, App or Service, or to create a derivative work from any portion of the Site and/or App, or to modify any content downloaded from the Site and/or App;
- mpersonating or attempting to impersonate another person or creating a false or misleading identity for the purpose of misleading others as to your identity or to collect information about other users;
- using the account, username or password of another registered user at any time or disclosing you password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your profile;
- displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Site or App on behalf of that person, such as placing commercial content on your profile or posting comments for a commercial purpose;
- collecting, obtaining, harvesting or disclosing any material, data or information, whether personally identifiable or not, posted by or concerning any other user in connection with your use of the Site, Service or App, unless you have obtained the express, prior written permission of such other person, firm or enterprise to do so;
- submitting or uploading User Content containing any spy ware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information;
- use another users' personal data for any purpose other than making contact with them, and it is reasonably expected that this contact will be welcomed by such other users; and
- uploading, submitting or sharing User Content to the Site or via the App which does not comply with User Content Standards or otherwise contravenes these Terms.
(9) Accessing the Site and/or App
We reserve the right to, at our sole discretion, withdraw, amend, modify or vary the services provided on the Site and/or App without notice. We will not be held liable if for any reason the Site, Service or App is unavailable at any time or for any period. We may at our sole discretion, and without notice, restrict access for a period of time to all or part of the Site, Service or App.
You are responsible for making all necessary arrangements to ensure you can access and/or use the Site, App or Service. We shall not be held responsible for any reduced functionality you may encounter as result of or in connection with accessing the Site or App through mobile services or any similar service currently known or developed in the future. We shall not under any circumstances be liable for any charges in respect of wireless, Internet and/or mobile service providers.
We maintain, control and operate the Site and App from the United Kingdom and we do not represent that any of the Site, Service or User Content is appropriate or available for use in other territories. If you access the Site or App, or use the Service from outside the United Kingdom you are solely responsible for compliance with all applicable local laws and regulations.
You can report any abuse or complain about any User Content or other content on the Site, Service or App by sending an email to firstname.lastname@example.org outlining the abuse and / or complaint. You can also block individual users or report content using buttons within the App.
(11) Rights infringement
We act as a host platform for the display of user generated Clips. We do not review Clips before they are submitted and/or shared. Accordingly, we operate a "notice and takedown" procedure. If you believe that any User Content contains a defamatory statement or you are a rights owner and you believe that User Content infringes your copyright or other intellectual property rights, you must provide us with a written notice which states:
in the event of a defamatory statement:
- a. that you have identified User Content on the Site and/or App which you consider is causing or contributing to the publication of a defamatory statement;
- b. a description of the words which you consider to be defamatory;
- c. an explanation as to why the words are untrue and what you believe the true position is;
in the event of infringement of copyright or other intellectual property right:
- a. that you are the rights owner or are authorised to act on the rights owner's behalf;
- b. that you have identified User Content on the Site and/or App which infringes your copyright or other intellectual property right (or infringes the right of a third party on whose behalf you are entitled to act, if applicable) and you believe in good faith that use of the User Content in the manner complained of is not authorised by you, the rights owner's agent or by law;
- c. a description of the protected work that you claim has been infringed which should include, the type of work (such as a photograph or a sound recording) and any relevant further details (such as the title and date of publication, as applicable);
- d. a description of the way in which your protected work has been infringed;
in every case:
- a. information reasonably sufficient to permit us to locate the User Content in question on the Site and/or App (including a URL specifying the date the Site and/or App was accessed and/or a screen shot);
- b. information that will enable us to contact you, such as your name, postal address, telephone number and email address (these contact details will also be provided to the alleged infringer so that they may contact you directly, in order to attempt to resolve the complaint amicably);
- c. your electronic or physical signature (which may be a scanned copy); and
- d. that the information in the notification is true and accurate.
Completed notices should be sent to email@example.com.
This 'notice and takedown' procedure is regulated by statute. There may be negative consequences if you falsely allege User Content is infringing copyright or if you send an infringement notice to us in bad faith. We suggest that you take legal advice before sending any such notice, if you are unsure about your rights in the User Content, or whether there has been an infringement of your rights.
If you believe that we have removed User Content in error, you may send us a written counter-notice which states:
- details of the material that has been removed or to which access has been disabled;
- information reasonably sufficient to permit us to know where the material in question had been located on the Site and/or App (including a URL and/or screen shot);
- a statement that you believe in good faith that the material that you have identified has been removed by mistake and your reasons for believing this;
- information that will enable us to contact you, such as your name, a postal address, telephone number and, if available, an email address; and
- a statement that you agree to be contacted by the person (or an authorised representative of such person) who gave us the notice in the first place.
Completed counter-notices should then be sent to firstname.lastname@example.org.
We have a policy of terminating the user accounts of repeat perpetrators. A repeat perpetrator is a user who has submitted two or more items of User Content for which O2 receives an infringement notice in accordance with this section.
If your account is terminated in accordance with this provision, you shall not register or attempt to register a new user account. You agree to keep us fully and effectively indemnified and hold us harmless for all liability that may be incurred as a result of a user breaching this section.
O2 have the right to disclose your identity to any third party who claims that any User Content posted or uploaded by you constitutes a violation of their intellectual property rights, or of their right to privacy or any other law.
We reserve the right at our sole discretion, at any time without liability and with or without prior notice to you:
- to bring court proceedings against you for breach of contract or otherwise;
- not to post any User Content on to the Site or enable it to be shared via the App;
- to remove, suspend or disable access to any User Content;
- to suspend or revoke your account registration (where applicable) and your right to access and/or use the Site or App or submit any User Content; and
- to make use of any operational, technological, legal, or other means available to enforce these Terms, including, without limitation, blocking specific IP addresses or deactivating your registration and/or user name and password (where applicable).
Notwithstanding the above, we will try to warn users that their access to the Service, Site, App and/or their user account may be suspended or terminated.
You can terminate your account at any time by sending an email request to email@example.com. This will remove your profile and other personal information from view and prevent you from using the Service. Once your registration is terminated, O2 has the right but not the obligation to delete your account and any related User Content that you have submitted or uploaded on to the Site.
User Content that you have previously uploaded to the Site or shared via the App may still appear on the Site and/or App even after your registration has terminated. Furthermore, pursuant to the licence granted at Section 5, O2 has the right to use your User Content anywhere on the Site and/or App as we, in our sole discretion choose.
(13) Disclaimer of warranties and limitation of liability
You use the Site, App and/or Service at you own risk. The Site, App and Service are provided "as is" and on an "as available" basis. The Clips displayed on the Site are provided without any warranties as to their completeness or accuracy.
To the fullest extent permitted by law, O2 (including its officers, employees and agents) expressly excludes conditions, representations, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and any liability incurred by any user of the Site, Service and/or App, including, without limitation, any liability for:
- loss of revenue, income, profits, contracts, business, goodwill, anticipated savings, reputation, data or information;
- wasted management or office time; and
- any other loss or damage of any kind, however arising and whether caused by tort (including, but not limited to, negligence), breach of contract or otherwise, even if foreseeable whether arising directly or indirectly.
Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) the tort of deceit; or (c) any other liability which cannot be excluded or limited under applicable law.
O2 is not responsible for any damage to any user's computer hardware, computer software, or other equipment or technology including, but without limitation, damage from any security breach or from any virus, bugs, tampering fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction. Furthermore, we expressly disclaim any and all responsibility and liability for the conduct of any user of the Site, Service and/or App and for any User Content uploaded by users.
You hereby indemnify us and undertake to keep us fully and effectively indemnified from and against any and all third party claims, losses, damages (actual or consequential), actions, costs, liabilities and expenses (including legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us as a result of, in connection with or arising out of your use of the Site, Service and/or App other than in accordance with these Terms or any breach of any applicable law or regulation ("Claim").
You shall co-operate fully and reasonably as required by us in the defence of any Claim. Notwithstanding the foregoing, O2 retains the exclusive right and without your prior consent to settle, compromise and pay any and all Claims or causes of action which are brought against us under the terms of this Section (14) and in no event shall you settle any such action with our prior written approval.
(15) Third party websites
The Site may contain hyperlinks to other websites owned and operated by third parties ("Third Party Sites"). These links are provided to you for your information only.
You may provide a link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on O2's part where none exists. You must not use O2's logo or other proprietary graphic or trademark as part of the link without our express written permission.
The site from which you are linking must comply in all respects with the User Content Standards in these Terms and you must not establish a link from any website that is not owned by you.
You must not frame any portion or pages of the Site and/or App on any other site. O2 reserves the right to withdraw linking permission without notice.
We may, at our sole discretion, modify, amend, revise or change these Terms. All such changes will be placed on the Site and will supersede this version of the Terms. We will take reasonable steps to draw your attention to any changes in our Terms. If we make a change to these Terms that, in our sole discretion, is material, we will notify you via e-mail to the email address associated with your account.
If you do not accept any of the modifications, revisions or amendments to these Terms, you should stop using the Site, Service and App immediately. If you continue to use the Site, Service or App following any modifications, amendments or revisions to the Terms being posted on the Site, you will be deemed to have accepted and will be legally bound by the new Terms.
A failure or delay by us in exercising any right, power or privilege under these Terms shall not operate as a waiver of such right or acceptance of any variation of these Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.
We may sub-contract, assign or otherwise transfer our rights and/or obligations under these Terms without notifying you or obtaining your consent. You may not sub-contract assign or otherwise transfer your rights and/or obligations under these Terms.
If, for any reason, a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, it shall be severed and deleted from these Terms and the other provisions will survive and continue to be binding and enforceable.
(20) Exclusion of third party rights
These Terms are for the benefit of you and us, and are not intended to benefit or be enforceable by any third party.
(21) Entire agreement
(22) Law and jurisdiction
These Terms will be governed by and construed in accordance with English law, and any disputes relating to these Terms will be subject to the exclusive jurisdiction of the courts of England and Wales.
(23) About us
The Site, Service and App are owned and operated by Telefónica UK Limited. We are registered in England & Wales under company registration number 1743099 and our registered office is 260 Bath Road, Slough, Berkshire, SL1 4DX. All communications for our attention should be sent to firstname.lastname@example.org.