These are the legal terms (“Terms”) that apply when you use any of the digital services (including but not limited to apps, WAP or mobile sites, SMS, MMS and mobile downloads) that we make available in the UK and Ireland. Please read these Terms carefully before using those services as you will be bound by these Terms. If you do not agree to any of these Terms we do not grant you permission to use our digital services. If you have any questions you can contact us as set out below.
We may give certain words that are used in these Terms a particular meaning which will be set out where these words are featured in bold within inverted commas like this: “words”.
1. OUR DETAILS
"We", "us" and "our" means MTV Networks Europe which is a Delaware partnership between MTV Networks Europe Inc and Viacom Networks Europe. Our principal place of business is at 17-29 Hawley Crescent, London NW1 8TT. Our VAT number is GB466509032. If you have any questions or concerns please refer to our frequently answered questions (“FAQs”). If the FAQs do not adequately address your questions or concerns you may contact us using our email contact form.
2. CHANGES TO THESE TERMS
We may need to make changes to these Terms in future. For example to reflect changes in the law, changes in the type of services or information we provide to you through our digital services or to correct errors in these Terms. We will try to keep all such changes to a minimum. We recommend that you check these Terms from time to time to see if they have changed. We will always state at the bottom of these Terms the date on which they were last updated.
If you continue to use our digital services after our Terms change you will be bound by those changes.
3. REGISTRATION, PASSWORD AND SECURITY
Some of our digital services may only be accessible by registration and may be restricted to users of a minimum age, in which case you must only register if you are above the specified age. When you register you must provide us with true, current and complete information about yourself as set out in the registration form. If you provide any important information that is untrue, not current or incomplete (or we have reasonable grounds to suspect that this is the case) we have the right to either suspend or terminate your access to those parts of our digital services that require registration.
On registration you will need to choose a password and a user name. You are entirely responsible for keeping your password and other account details secret. You will be responsible for all activity that occurs under your account by another person if you fail to take reasonable measures to keep your account details secret. You agree to notify us immediately if you know of any unauthorised use of your account or any other breach of security and to exit from your account at the end of each session.
These security measures are important and we cannot take any responsibility for inconvenience, loss or damage you suffer as a result of failing to comply with them.
4. YOUR USE OF OUR SERVICES
You must use our digital services in a considerate and responsible manner. You are not allowed to use our digital services:
• for any purpose that is against the law
• in connection with a business
• in any way that causes our services to be interrupted, damaged, impaired or rendered less efficient
• in any way that could damage or disrupt another user's property
• for the transmission, uploading or posting of any computer viruses or other harmful files or programs
• to transmit, upload or post any material which is defamatory, offensive, racist, vulgar, libellous, pornographic, obscene or menacing or which could cause annoyance, inconvenience or needless anxiety to anyone else
• as a means to threaten, stalk, harass, abuse or insult anyone else
• to collect personal data about other users (for example to use for “spam”)
• in a way that violates or infringes the rights of anyone else, for example other people’s copyright or right to privacy
• to create a false identity that misleads others about the identity of the sender or the origin of a message, for example you must not impersonate an MTV employee or another user or company
• to transmit or otherwise make available any unsolicited or unauthorised advertising or promotional materials, for example junk mail, spam, chain letters, pyramid schemes or similar
• to make available in any way (for example by linking) any material which would amount to a breach of these Terms if you had posted it directly, or which contains any virus or other harmful code, or which may otherwise harm our services or our computer systems or any third party computer system
• in any other way that could reasonably be expected to affect us adversely or reflect negatively on our goodwill, name or reputation
We provide our digital services (and the information and materials on those services) solely for your personal and private use. The information and materials must not be used for any other purpose without our express written permission. For example, you are not allowed to copy, transfer, transmit or reverse engineer anything available on our digital services or deep-link to and/or frame or use framing techniques to enclose any part of our digital services without our prior written consent. Unless we specifically tell you otherwise this restriction also applies to you modifying any information or materials available on our digital services, for example by making a “mash-up” or other derivative work.
The material and information provided by us and other third parties on our digital services is protected by intellectual property rights including copyright, designs and trade marks. Nothing in these Terms gives you any rights of ownership in that material or information and you may only use that material and information in accordance with these Terms.
We (or the relevant distributor or operator of any of the digital services) will always notify you of the likely charges for using a service. For example, when entering a competition, purchasing a video clip or voting via mobile/SMS or a WAP or mobile site, the programme on which the competition/vote was featured or the relevant section of the WAP or mobile site will inform you of the price of registering your vote/entry or the cost of purchasing the video clip. However, your network operator may also charge an additional standard messaging fee for any SMS sent or received by you or a browsing and/or downloading fee for your use of a WAP or mobile site. You should consult your network operator or any relevant distributor or operator of the relevant digital service for further details of these standard costs.
Charges for any relevant mobile services will be deducted from your available credit time if you are a pre-pay customer or will appear on your monthly statement if you are a pay monthly customer. You must always ensure you have enough available credit if you are a pre-pay customer, before using any such services.
You must always obtain the permission of the person paying the bill for the relevant device used to access our digital services.
6. REVERSE BILLED PREMIUM RATE SERVICES
Part of the mobile digital services provided by us may include reverse billed premium rate text SMS/MMS services. These services operate by delivering content to mobile devices for a fee. For example, you may request to purchase a paid item of content or to participate in a game by sending an SMS text message to a particular shortcode and you will be charged at the standard messaging cost of the relevant network operator for such SMS text message. You will then receive the requested content or a confirmation of receipt, and are charged by us at that point for the delivery of such content at a premium rate. The primary cost of the service to you is incurred not when you send the SMS text message to purchase the content but when we send you the requested content or confirmation SMS/MMS text message in return. For that reason these services are known as “reverse billed premium rate services”. Such premium rate services are charged per message and not per minute.
Where we provide reverse billed premium rate services we will notify you of the likely charge for receiving content or messages from us. Please refer to any terms that appear alongside any such digital services promoted on any of our television channels, online services or mobile services. The charge will be between a specified price range depending on your network operator and the network operator may also charge an additional standard messaging cost. Please consult your network operator for further details of its standard messaging costs.
For further information on any of our digital services, including reverse billed premium rate services, email please refer to our FAQs. If the FAQs do not adequately address your questions or concerns you may contact us using our email contact form.
7. SUBSCRIPTION PREMIUM RATE SERVICES
If you request to receive one of our premium rate mobile digital services on an ongoing subscription basis you will be charged on a periodic basis by a reverse billed premium rate SMS text message and the network operator may also charge an additional standard messaging cost. Before requesting the subscription service we shall notify you of the applicable fee, when you will be charged this fee and how to withdraw from that subscription service. You may withdraw from a subscription mobile service at any time by sending an SMS text message to the short code for that subscription service with the word “STOP” in the body of the SMS text message. Withdrawal instructions along with the relevant short code will also be included in any SMS relating to the subscription that we send to you. Your withdrawal message will be charged at your network operator's standard messaging rates. Please consult your network operator for further details of its standard messaging costs.
8. REFUNDS FOR PREMIUM RATE SERVICES
If you have sent an SMS text message to participate in any of our premium rate mobile digital services but you have not received the requested service but have been charged for it, you may call our refund number 020 7284 6100 and leave a message stating ALL of the following:
(i) your mobile number
(ii) the time and date of your original SMS text message
(iii) the short code you sent your SMS text message to
(iv) what you wrote in the body of your SMS text message
(v) your postal address
If you fail to provide any of the above information we may not be able to refund you. We shall then check this information against our records and if you are entitled to a refund we shall send you a cheque in the amount of the premium rate fee that you were charged. You will not receive a refund for the network operator’s standard messaging rates you have been charged in connection with this.
9. TEXT TO SCREEN
We may offer text to screen services enabling you to send in a message via SMS text message for publication on our television channels and/or other services. The text to screen message you submit may be read or viewed by other people without your knowledge or specific permission and so you should only provide messages that you are willing for other people to see. You should be careful not to disclose personal information (for example your full name, address or financial details) in any material or messages when you use our digital services.
Uploading and licence
By sending a text to screen message to us you agree to grant us a non-exclusive licence to use your message in the ways set out below. Given the volume of material uploaded to our services we can’t deal with each user individually so we need you to grant us this licence so we can operate our business effectively.
Your material still belongs to you. We do not claim any ownership rights in your message. This means that you continue to retain all ownership rights and you may still forward this message to any other person, broadcaster or other service provider.
How we may use your message
In exchange for allowing you to upload your message and make it available to the public via our services, you grant us (for the full term of any rights that may exist in your message) the non-exclusive, worldwide, sub-licensable right to use your message as follows (without payment to you or any third party):
• We can play, publish, make available to the public, perform, display, reproduce, distribute and otherwise use your message on television channels and/or other platforms and services owned and operated by us or our related companies worldwide and on any other media whether now known or invented in the future (including, without limitation, apps, websites and mobile phone services) (“MTV services”).
Why? We need these rights so that we can show your message to the general public on MTV services, for example to broadcast them on MTV television channels and to stream from our websites.
• We have the right to host, store, copy, modify, adapt, edit, translate, create derivative works from, incorporate into other works, and/or otherwise treat in any way your messages at our discretion.
Why? We need these rights so we can use your message efficiently in MTV services. For example so that we can put your message into a technical format compatible with MTV services, or to edit or incorporate your message into other programming, or cut the duration of your message in order to meet television scheduling requirements.
• We may (but we are not obliged to) identify you as the creator or author, for example by displaying your name or any photograph of you that you may have submitted when your message appears on MTV services.
• We also have the right to sub-licence our rights in your message to third parties in the normal course of our business.
Why? We need this right so we can allow our distribution partners (for example internet service providers or mobile network operators) to host your message and also so that we can distribute your message to other companies, such as television broadcasters and website owners for them to use on their services. There is no restriction on us obtaining advertising or sponsorship revenue in connection with your message (for example selling advertising space next to your messages or using your messages in commercial advertisements).
You waive any “moral” rights in your message for the purposes of us using it in accordance with these Terms. Your moral rights include the right to be identified as the author and the right to object to derogatory treatment of your message. We need this waiver because we may not always be able to identify you (or other users who have uploaded content) as the author, and we need to be able to edit or treat your message as we see appropriate in our editorial judgment.
We have the right not to exhibit your message on any MTV service or any other media, and the right to remove your message, or links or any other means of access to your message, from the MTV services at our discretion at any time for any reason.
Terminating this licence
If you want us to stop using your message please submit the details of your message along with your instruction to remove this message using our email contact form. We will then stop using your message in new programming on our MTV services as far as reasonably practicable. However we are not obliged to stop using your message where it is already being used or where we have already incorporated it into compilation packages or other programming or where we have sublicensed your message to a third party.
It is very important that the messages you post or upload to our services are your OWN material. Messages that you did not create yourself, or that include content owned by a third party, images of people or information about people without their permission can result in serious liability to us and to you.
Accordingly, you promise that:
• You are the only creator, author and owner of the messages you post or upload, or if you are not the exclusive owner you have received written consent from the owner to upload or post the messages and to grant us the rights to use the messages as set out above.
• Our use of your messages will not infringe any intellectual property or other rights of any third party (for example trade marks, copyright, privacy rights). This means that, if your messages contain any underlying copyrights such as music, lyrics, film footage, artwork or other copyright material owned by any other person, you confirm that you have obtained all necessary consents in writing (including from other people appearing in your messages) necessary for us to use your message as set out above.
• The messages will not contain anything that is defamatory, offensive or illegal.
• Your messages are free from any right or claim by anyone under any recording contract, publishing contract, or any union, guild or collecting society such as the Performing Right Society and you agree that you will inform us immediately if this status changes.
Moderation of messages
We do not necessarily pre-moderate all messages for all of our platforms that you submit, but we reserve the right to monitor any message submitted and any communications on our services and you now consent to any such monitoring. We reserve the right to remove at any time or not publish and without reason or prior notice or any liability to you, any message that you have submitted.
10. SERVICES FROM THIRD PARTIES
As a service provider we contract with distributors, network operators and other third parties for facilities to enable the provision and billing of our digital services. As such, components of our digital services are supplied to us and/or to you directly by third parties. We do not control those elements and cannot make any promises to you about the level of service provided by third parties.
Our digital services are subject to the limitations of the technology on which they rely and may be adversely affected by network performance and other technological or operational factors beyond our control such as congestion, network coverage, dropped connections and the performance of your user device.
Where digital services are provided to you directly by a distributor, network operator or other third party, the take up and use of those services by you may be subject to the terms and conditions of those third parties. However, you will also remain bound by these Terms where applicable and in the event of a conflict between any third parties’ terms and these Terms, these Terms will take precedence.
11. LEVEL OF SERVICE
We may establish general practices and limits concerning use of our digital services, including without limitation, the maximum number of times (and the maximum length of time) you may access our digital services in a given period. We have the right to change these general practices and limits from time to time without having to tell you in advance.
We endeavour to provide a satisfactory level of performance for all of our digital services. However it is not technically possible or practical for us to provide our digital services free of all faults at all times. The information and material provided on our digital services may include some inaccuracies or typographical errors, which we will endeavour to correct as they come to our notice. Our digital services may sometimes be unavailable for technical reasons, for maintenance or for us to make editorial changes. We may also decide at any time to discontinue providing certain of our freely available digital services.
We will not be liable to you (whether as a result of contract law, tort, statutory duty or otherwise) for any loss or damage arising from or in any way connected with your use of, or inability to use, our digital services in respect of any losses:
• that are related to a business or commercial undertaking
• that were unforeseeable
• that are related to loss of opportunity, loss of goodwill or injury to reputation
• that are suffered by third parties who are not users of our services
• that are caused by loss of data, or computer virus
• in respect of infringement of rights arising as a result of a third party linking to our digital services and causing our content to be viewed other than on our services
• that are due to your fault, for example if you have provided incorrect information to us, where you erase an element of the digital service provided to you or you fail to comply with the instructions for use of our digital services as explained by us
If you have a claim against another user of our digital services you will pursue that claim independently and without recourse to us.
We do not in any way seek to limit or exclude our liability to you for death or personal injury or any loss arising as a result of fraud.
You will be required to compensate us in full for all of our losses caused by your misuse of our digital services, including losses we suffer by virtue of someone else bringing a claim against us in respect of such misuse. A misuse of our digital services arises if you do not comply with the rules set out in these Terms.
14. SAFETY AND PARENTAL RESPONSIBILITY
When using our digital services you should always take the following precautions:
• keep your identity private. Do not give out your full name, postal address, telephone number, e-mail address, the name of your school or any other information (other than that specifically requested by us), that could help someone discover your actual identity
• never meet with someone you meet solely via our digital services
• do not reply to any messages that are hostile, rude or inappropriate, or in any way make you feel uncomfortable
We are concerned about the safety and wellbeing of all our users, but children in particular. Parents who allow their children to use our digital services should take care to supervise and assist their children. We remind you that our digital services are designed to appeal to a wide audience. We remind parents and legal guardians that it is your responsibility to supervise children and to determine whether particular digital services are unsuitable for your child. If you have any concerns about our digital services, please do not hesitate to contact us using our email contact form or at the address set out above.
15. SUSPENSION AND TERMINATION
We have the right to suspend or terminate your access to our digital services or any aspect of them if you do not comply with these Terms or if we have reasonable grounds to believe that you are likely to breach them. We will use reasonable efforts to give you reasonable prior notice of our intention to suspend or terminate your access unless your non-compliance is or could be against the law, is adversely affecting other users of our digital services or could damage our reputation.
16. COMPETITIONS AND GAMES
If you enter a competition or buy a game via our digital services we will alert you to any specific rules that apply to that particular competition or game. If there are no specific rules for the competition then our General Competition Rules will apply.
We will comply with all applicable UK data protection legislation from time to time in place in respect of any personal information you submit to us.
18. COMPLAINTS AND TAKE DOWN
If you want to make a complaint about any of our digital services or if you think your or someone else’s intellectual property or other rights have been infringed by our digital services you can do so by submitting full details using our email contact form.
Each provision of these Terms is to be construed separately and will apply and survive even if for any reason any other provision is held to be inapplicable or unenforceable in any circumstances. Each of the provisions of these Terms excluding or limiting liability will remain in force notwithstanding any termination of these Terms or termination or suspension of your access to our digital services.
20. NO WAIVER
No waiver of any rights by either you or us will be taken as a waiver of any other rights you or we may have. For example if we waive our rights to complain about a particular breach of these Terms by you it does not prevent us from complaining about other breaches.
21. GOVERNING LAW AND JURISDICTION
These Terms are governed by the laws of England and both you and we agree to submit to the exclusive jurisdiction of the English courts.
These Terms were last updated on 15 October 2012.