Quiz Channel - powered by Springdoo

Terms of Service

Last Updated: Friday, September 14, 2006

Welcome to Springdoo! These Terms of Service constitute a legal agreement between you and us. You must accept, without modification, all of the terms, conditions, and notices contained in these Terms of Service in order to access and use Springdoo. If you do not accept these Terms of Service in their entirety, you may not access or use Springdoo.

Before you register for your Springdoo account, you must read and agree to these Springdoo Terms of Service and the Springdoo Privacy Policy. By clicking "accept" when prompted to do so, you shall be deemed to have accepted the Springdoo Terms of Service and the Springdoo Privacy Policy (collectively the "Agreement").

These Springdoo Terms of Service contain our general terms and conditions relating to your use of Springdoo. The Springdoo Privacy Policy contains our policies relating to how we collect, protect and use your personal information.

PARENTAL ADVICE
YOU MUST BE AT LEAST 13 YEARS OLD TO USE SPRINGDOO.IF YOU ARE BETWEEN 13 AND 17 YEARS OF AGE, PLEASE REVIEW THIS AGREEMENT WITH YOUR PARENTS OR GUARDIANS. BECAUSE THE SERVICE MAY PROVIDE ACCESS TO CONTENT VIA THE SPRINGCASTER THAT CONTAINS EXPLICIT MATERIAL (SUCH AS STRONG LANGUAGE OR DEPICTIONS OF SEX, VIOLENCE), PARENTAL DISCRETION IS ADVISED FOR ALL USERS AGED 13 TO 17.

If you do not accept and abide by this Agreement, you may not use the Springdoo service. In the event of an inconsistency between the Springdoo Terms of Service and the Springdoo Privacy Policy, the Springdoo Terms of Service shall control. Nothing in this Agreement shall confer any rights or benefits upon a third party.

Description of Service. Springdoo, incorporating the product variants of "SpringMail" and "SpringCast" is a free service that enables a user to record and upload audio, video and text messages and photographs from a computer, landline phone or mobile device and send to an email address, a mobile device, or publish to a web page. Users may also allow visitors to a website to record and publish reply messages onto their account. In the future users may also subscribe to other pay to use features. These descriptions constitute (the "Service"). You understand and agree that we provide the Service on an AS IS and AS AVAILABLE basis. We disclaim all responsibility and liability for the availability, timeliness, security or reliability of the Service. We also reserve the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
Use. The Service is for your use and people that reply to you only. You are responsible for maintaining the confidentiality of your login name and password. We shall not be responsible for unauthorized access resulting from a person without access privileges using your login name and password. We shall use our best endeavours to provide the Service on a 24/7 basis, except for (a) scheduled maintenance shutdowns, (b) unscheduled shutdowns to correct a fault or (c) power outages and other "Acts of God". We shall not be responsible if you attempt to use the Service when it is not operating. We reserve the right to deny the Service to anyone at any time for any reason and without notice.
Proper Use. You agree that you are responsible for your own Springdoo communications and for any consequences thereof. Your use of the Service is subject to your acceptance of, and compliance with, the Agreement. You agree that you will not use the Service for any purpose that is unlawful or contrary to this Agreement. You also may not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. You agree that you will use the Service in compliance with all applicable local, state, regional, national, and international laws, rules and regulations, including any laws regarding the transmission of data exported from your country of residence. You are responsible for all activities that occur in your account and you agree to notify us immediately of any unauthorized use of your account. We are not responsible for any loss that you may incur because of any unauthorized person using your account or your password. Without limiting the generality of the foregoing, you shall not use the Service to:
1. Send or publish any content that is unlawful, defamatory, libellous, harassing, abusive, hateful or harmful on the basis of religion, sexual orientation, disability, age, race, ethnicity or gender, constitutes or encourages a criminal offence, is fraudulent, harmful to minors, vulgar, pornographic, obscene, or is otherwise objectionable as reasonably determined by us;
2. Send or publish any content that infringes another party's intellectual property rights or other proprietary, contractual or fiduciary rights, privacy rights or other obligations;
3. iii. Sell, trade, resell, advertise or otherwise promote, market, sell or exploit any item or service for commercial purposes unless approved in writing by the management of Springdoo;
4. iv. Publish messages or send emails that contain any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation, or that can be characterised as "junk mail", "spam", "chain letters" or "pyramid schemes";
5. Disclose or transfer any Springdoo account information;
6. Commit a fraudulent act;
7. Send emails in violation of anti-spam laws;
8. Imitate or impersonate another person;
9. "Stalk" or otherwise harass another person;
10. Create false accounts;
11. Send emails to persons who have requested not to receive them;
12. Send unsolicited emails to significant numbers of email addresses belonging to individuals and/or entities with whom you have no pre-existing relationship;
13. Do any act or thing that infringes our intellectual property rights in the Service or otherwise causes us competitive harm; or
14. Do any other act or thing that violates the Springdoo Terms of Service or the Springdoo Privacy Policy.
If you violate any of the above conditions, we may immediately cancel your right to use the Service, terminate the Agreement and hold you responsible for the legal consequences of your actions. If your membership is terminated because you have violated this Agreement, you shall not be entitled to a refund of any unused portion of subscription fees, should any exist. We reserve the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
Fair Use. All services offered free or under unlimited subscription are provided on a fair use basis. You are free to use Springdoo as much as you like, however Springdoo reserves the right to ask you to moderate your usage at any time if in the opinion of Springdoo, your use is excessive and it is impacting on Springdoo's ability to provide the Service to all customers. In the future, Springdoo may introduce limits to the amount of free usage and offer high volume users the ability to upgrade to a paying plan.
Content of the Service. We take no responsibility for any content published including third party content such as advertising or the content of audio, video or text messages and photographs. Nor do we have any obligation to monitor such content. We shall have the right (but not the obligation) in our sole discretion to pre-screen, refuse, or move any content that is available via the Service. Without limiting the foregoing, we reserve the right to remove or refuse to distribute any content that violates this Agreement, or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. We also reserve the right to access, read, view, preserve, and disclose any information that we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of Springdoo, its users and the public. We will not be responsible or liable for the exercise or non-exercise of our rights under this Agreement.

We have designed Springdoo to allow you to include a photo with your message. (We refer to the look of your message, including any photo you use to personalize your message, as the "player skin".) In the future, we may add other ways for you to personalize your player skin. When you personalize your player skin, you accept full responsibility for the form and content of any photos, text and other personal features. Without limiting the generality of the foregoing, you agree that you will not personalize your player skin to (a) impersonate another person, (b) defame, harass, ridicule, mock, abuse or offend another person, (c) include a pornographic or obscene photo or text, (d) infringe the copyright or intellectual property rights of a third party, or (e) in any other respect violate the conditions of "Proper Use" set out in clause 3. In the event of any violation, we may deny you access to your account, revoke your right to use the Service and take such other action as we deem necessary and appropriate. The personalized player skin used for a single message can not be changed after the message has been published.
Spam. We are concerned about controlling unsolicited commercial email, or "spam". We have a strict policy prohibiting the use of Springdoo to send spam. We will not sell, lease or rent our Springdoo subscriber lists to third parties.

To further safeguard against spam, to preserve bandwidth and to protect the integrity of the Service, we reserve the right to limit the number of times that a single message can be viewed.
Intellectual Property Rights. You acknowledge that we own all right, title, trademarks and interest in and to the Service, including without limitation all intellectual property rights (the "Springdoo Rights"), and such Springdoo Rights are protected by international intellectual property laws. You further acknowledge and agree that content contained in sponsor advertisements or otherwise made available through the Service may be protected by applicable intellectual property and other laws and international treaties. Accordingly, you agree that you will not copy, reproduce, alter, modify, resell, or create derivative works or trademarks from the Service or third party advertisers. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service.

The Springdoo Rights include rights to (a) the Service developed and provided by us; (b) all software associated with the Service, and (c), all images, logos and trade marks associated with the service. We do not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit or store in your Springdoo account. We will not use any of your content for any purpose except as permitted by this Agreement.

Springdoo acknowledges the use of the following 3rd party product(s): Lame, FFMPEG under the GNU Lesser General Public License (LGPL)
Use of Content Published to Springdoo
1. SpringMail - For content you record or upload and send using SpringMail, you represent that you own, or have the necessary license, consent or permission to use the content in that manner.
2. SpringCast - For content that you record or upload to a webpage using SpringCast, you represent that you own, or have the necessary license, consent or permission to use the content in that manner and you have the written consent, release, and/or permission of every person identifiable in the content to use their name and likeness, in order to permit inclusion and use of the content as contemplated by the Service and this Agreement. All reply tags and comments associated with the content, whether associated by you, the Service, other members or users, or anyone else become Springdoo's property.
Message Storage. Messages are stored on Springdoo’s servers for a period of thirty (30) days. After this period messages are automatically deleted.
Representations and Warranties. You represent and warrant that (a) all of the information provided by you to Springdoo to participate in the Service is correct and current; (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder; and (c) you are at least 13 years old.
Privacy. As a condition to using the Service, you agree to the terms of the Springdoo Privacy Policy. We understand that privacy is important to you. You do, however, agree that we may monitor, edit or disclose your personal information, including the content of your messages, if required to do so in order to comply with any valid legal process (such as a search warrant, subpoena, statute, or court order), or legitimate governmental request, to investigate a complaint or as otherwise provided in these Terms of Service and the Springdoo Privacy Policy. Personal information collected by us may be stored and processed in New Zealand, the United States or any other country in which we or our agents and service providers maintain facilities. By using the Service, you consent to any such transfer of information outside of your country.
Complaints. If you believe that a Springdoo customer is using the Service in violation of our Terms of Service and Privacy Policy, we encourage you to bring this matter to our attention immediately. We shall investigate your complaint in a conscientious and reasonable manner, commensurate with the seriousness of the violation and with due respect for the rights of the person the target of the complaint. We may ask you to supply evidence in support of your complaint. Likewise, we shall be obliged to investigate in the same manner complaints by third parties concerning your own use of the Service.
Security. We employ security measures to safeguard your Springdoo messages. These measures start with our own personnel policies. We have strict internal operating procedures in terms of hiring staff, training staff and limiting their access to the Springdoo servers. Our servers contain robust firewalls, capable of detecting and preventing unauthorized access in most cases. We have installed network security software, including software designed to protect against viruses, Trojan Horses, worms, malicious code and spyware. Our servers automatically download the latest network security patches. We follow standard industry back-up procedures. We believe that, through the foregoing procedures, we have reduced the risk of security breaches resulting from computer hackers, unlawful entry, unauthorized access, theft, disgruntled employees and other fraudulent acts. However, no network is 100% secure and you accept the Service on the basis that we are not liable for security breaches.
Termination and Cancellation. We may at any time and for any reason terminate the Service, terminate this Agreement, or suspend or terminate your account. We may take these actions without notice. Without limiting the generality of the foregoing, we may terminate the Service or suspend your access to the Service for inactivity, meaning your failure to sign in to the Service for an extended period, as determined by us. Upon termination of this Agreement, your right to use the Service immediately ceases. In the event of termination, we will disable your account and may delete all your messages. We will deny you access to your account or any files or other content contained in your account. However, residual copies of your messages or personal information may remain on the Springdoo server. The termination of this Agreement shall not extinguish any clauses that are clearly intended to survive termination, including without limitation, clause 4 (Content of the Service), clause 6 (Intellectual Property Rights), clause 15 (Indemnification), clause 16 (Disclaimers); clause 17 (Limitation of Liability), clause 18 (Non-Waiver) and clause 21 (Legal Jurisdiction).
Indemnification. You agree to hold harmless and indemnify Springdoo, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Springdoo will provide you with written notice of such claim, suit or action.
Warranties. Springdoo makes no warranties of any kind whether expressed or implied for the use of the service it provides. Springdoo disclaims any warranty of merchantability of fitness for a particular purpose. Springdoo will not be responsible for any damage suffered by you from using Springdoo including, but not limited to, delays, mis-deliveries, service interruptions, your or any other subscribers use of the service, recipients of customers Springdoo messages use of the service, including negligence by Springdoo or its suppliers and agents.
Disclaimers. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR SOLE RISK. WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGE SUFFERED BY YOU FROM USING THE SERVICE INCLUDING, BUT NOT LIMITED TO, DELAYS, MISDELIVERIES, LOST MESSAGES, SERVICE INTERRUPTIONS, USE OF THE SERVICE BY OTHERS, OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR SUPPLIERS AND AGENTS.
2. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
3. WE MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS, (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (e) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY.
Limitation of Liability. Use of the Service is entirely at your own risk. While we shall use all reasonable efforts to ensure a safe and secure environment for the transmission and storage of messages, we accept no liability for any security breaches, including without limitation, security breaches resulting from computer hackers, unlawful entry, unauthorized access, theft, disgruntled employees and other fraudulent acts. On rare occasions, messages will get lost, corrupted or undelivered. We accept no liability for lost, corrupted or undelivered messages, regardless of the cause. You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Service. We shall not be responsible for any failure, delay or interruption in your use of the Service, including without limitation: System crashes; computer malfunctions; hardware or Software faults; system errors; security breaches; theft; telecommunications problems; fire, flood, civil disturbance or any other event commonly referred to as an "Act of God". To the extent allowed by law, we disclaim all liability, whether in contract or tort, for any loss or damage arising from your use of the Service, including the suspension or interruption of such use, or the termination of such use pursuant to this Agreement. In any case, our maximum liability for damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) will (a) not exceed the actual dollar amount that you paid during the 12-month period prior to the date of the event giving rise to such liability, and (b) not include any incidental, consequential, exemplary or punitive damages, including without l imitation, damages resulting from lost messages, undelivered messages, deleted messages, loss of revenues, profits, goodwill, time or savings. You acknowledge that we have fixed our charges based upon the limitation of liability in this clause.

Nothing in these terms is intended to derogate from any rights users may have under any statutory or legislative provision.
Non-Waiver. If we fail to insist upon strict performance of any obligations by you, or if we delay in exercising any of our rights or remedies under this Agreement, our failure or delay shall not constitute a waiver or variation of such obligations or a waiver of any such rights or remedies.
Modifications. We reserve the right to update or change these Terms of Service from time to time to reflect changes in the Service, changes in the laws affecting the Service, or for other good reasons. You are responsible for regularly reviewing these terms and conditions, and any updates and changes thereto, on the Springdoo website. Continued access to, or use of, the Service after any such update or change shall constitute your consent to such update or change. Unless explicitly stated otherwise, any new features that change or improve the Service shall be subject to these Terms of Service, as modified from time to time.
Severability. Each clause in this Agreement is severable in whole or in part. If any clause is determined to be illegal or unenforceable for any reason, we reserve the right to modify such clause, but only to the extent necessary to make it legal and enforceable. If modification is not possible without materially altering the intent of the clause, we shall sever such clause from this Agreement and, if possible, adopt such other means to reflect our original intent. Notwithstanding such severance, the balance of this Agreement shall continue in full force and effect as if such severed clause was never a part thereof.
Legal Jurisdiction. New Zealand law shall govern this Agreement. Any claims, legal proceedings or litigation arising out of this Agreement shall be brought solely in Christchurch, New Zealand, and you consent to the jurisdiction of New Zealand courts.

Additional Terms and Conditions for Quiz Channel.

1. Your Acceptance
A. By using and/or visiting this website (collectively, including all Content available through the Quiz Channel domain name, the " Quiz Channel Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2) Quiz Channel's privacy notice, found at http://www.bedroom TV.com/privacy and incorporated here by reference, and (3) and also incorporated here by reference. If you do not agree to any of these terms, the Quiz Channel privacy notice, please do not use the Quiz Channel Website.
B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version http://www.bedroomtv.com/terms). Quiz Channel may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. Quiz Channel Website
A. These Terms of Service apply to all users of the Quiz Channel Website, including users who are also contributors of video content, information, and other materials or services on the Website. The Quiz Channel Website includes all aspects of Quiz Channel, including but not limited to the Quiz Channel channel on the Sky platform and the Quiz Channel "Embedded flash video player."
B. The Quiz Channel Website may contain links to third party websites that are not owned or controlled by Quiz Channel. Quiz Channel has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Quiz Channel will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Quiz Channel from any and all liability arising from your use of any third-party website.
C. Accordingly, we encourage you to be aware when you leave the Quiz Channel Website and to read the terms and conditions and privacy policy of each other website that you visit.

3. Quiz Channel Accounts
A. In order to access some features of the Website, you will have to create a Quiz Channel account. You may never use another person’s account. When creating your account, you must provide accurate and complete information to the best of your knowledge. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Quiz Channel immediately of any breach of security or unauthorized use of your account.
B. Although Quiz Channel will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Quiz Channel or others due to such unauthorized use.

4. General Use of the Website -- Permissions and Restrictions
Quiz Channel hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without Quiz Channel's prior written authorization.
B. You agree not to alter or modify any part of the Website, including but not limited to Quiz Channel's Embeddable Player or any of its related technologies.
C. You agree not to access User Submissions (defined below) or Quiz Channel Content through any technology or means other than the video playback pages of the Website itself, the Quiz Channel Embeddable Player, or other explicitly authorized means Quiz Channel may designate.
D. You agree not to use the Website, including the Quiz Channel Embeddable Player for any commercial use, without the prior written authorization of Quiz Channel. Prohibited commercial uses include any of the following actions taken without Quiz Channel's express approval: Sale of access to the Website or its related services (such as the Embeddable Player) on another website;
Use of the Website or its related services (such as the Embeddable Player), for the primary purpose of gaining advertising or subscription revenue;
The sale of advertising, on the Quiz Channel website or any third-party website, targeted to the content of specific User Submissions or Quiz Channel content;
And any use of the Website or its related services (such as the Embeddable player) that Quiz Channel finds, in its sole discretion, to use Quiz Channel's resources or User Submissions with the effect of competing with or displacing the market for Quiz Channel, Quiz Channel content, or its User Submissions. (For more information about prohibited commercial uses, see our FAQ.)
E. Prohibited commercial uses do not include:
Using the Embeddable Player to show Quiz Channel videos on an ad-enabled blog or website, provided the primary purpose of using the Embeddable Player is not to gain advertising revenue or compete with Quiz Channel;
Any use that Quiz Channel expressly authorizes in writing.
(For more information about what constitutes a prohibited commercial use, see our FAQ.)
F. If you use the Quiz Channel Embeddable Player on your website, you must include a prominent link back to the Quiz Channel website on the pages containing the Embeddable Player and you may not modify, build upon, or block any portion of the Embeddable Player in any way.
G. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Quiz Channel servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Quiz Channel grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Quiz Channel reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
H. You will otherwise comply with the terms and conditions of these Terms of Service and all applicable local, national, and international laws and regulations.
I. Quiz Channel reserves the right to discontinue any aspect of the Quiz Channel Website at any time.

5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Quiz Channel Website.
A. The content on the Quiz Channel Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Quiz Channel, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Quiz Channel reserves all rights not expressly granted in and to the Website and the Content.
B. You may access User Submissions solely:
For your information and personal use;
As intended through the normal functionality of the Quiz Channel Service; and for Streaming.
"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Quiz Channel Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available "as is."
C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Quiz Channel Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Quiz Channel Service or otherwise as prohibited under this Agreement.
D. You may access Quiz Channel Content, User Submissions and other content only as permitted under this Agreement. Quiz Channel reserves all rights not expressly granted in and to the Quiz Channel Content and the Quiz Channel Service.
E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the Quiz Channel Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Quiz Channel Website or the Content therein.
G. You understand that when using the Quiz Channel Website, you will be exposed to User Submissions from a variety of sources, and that Quiz Channel is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Quiz Channel with respect thereto, and agree to indemnify and hold Quiz Channel, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

6. Your User Submissions and Conduct
A. As a Quiz Channel account holder you may submit video content ("User Videos") and textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Quiz Channel does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Quiz Channel to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Quiz Channel, you hereby grant Quiz Channel a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, broadcast and perform the User Submissions in connection with the Quiz Channel Website, Quiz Channel channel and Quiz Channel's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Quiz Channel Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Quiz Channel Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the Quiz Channel Service. You understand and agree, however, that Quiz Channel may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. Quiz Channel will remove all User Submissions that have been removed or deleted from the website within 3 days and will remove all User Submissions that have been removed or deleted from the channel within 3 days. The above licenses granted by you in User Comments are perpetual and irrevocable.
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Quiz Channel all of the license rights granted herein.
E. Quiz Channel does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Quiz Channel expressly disclaims any and all liability in connection with User Submissions. Quiz Channel does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Quiz Channel will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Quiz Channel reserves the right to remove Content and User Submissions without prior notice.

7. Account Termination Policy
A. Quiz Channel will terminate a User's access to its website if, under appropriate circumstances, they are determined to be a repeat infringer.
B. Quiz Channel reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Quiz Channel may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

8. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE BEDROOM TV WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BEDROOM TV, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. BEDROOM TV MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, BROADCAST OR OTHERWISE MADE AVAILABLE VIA THE BEDROOM TV WEBSITE. BEDROOM TV DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BEDROOM TV WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BEDROOM TV WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

9. Limitation of Liability IN NO EVENT SHALL BEDROOM TV, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR CHANNEL, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, BROADCAST OR OTHERWISE MADE AVAILABLE VIA THE BEDROOM TV WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT BEDROOM TV SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Quiz Channel from its facilities in the United Kingdom. Quiz Channel makes no representations that the Quiz Channel Website is appropriate or available for use in other locations. Those who access or use the Quiz Channel Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

10. Indemnity
You agree to defend, indemnify and hold harmless Quiz Channel, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Quiz Channel Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defence and indemnification obligation will survive these Terms of Service and your use of the Quiz Channel Website.

11. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Quiz Channel Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Quiz Channel Website there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

12. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Quiz Channel without restriction.

13. General
You agree that: (i) the Quiz Channel Website shall be deemed solely based in the United Kingdom; and (ii) the Quiz Channel Website shall be deemed a passive website that does not give rise to personal jurisdiction over Quiz Channel, either specific or general, in jurisdictions other than the United Kingdom. These Terms of Service shall be governed by the laws of the United Kingdom, without respect to its conflict of laws principles. Any claim or dispute between you and Quiz Channel that arises in whole or in part from the Quiz Channel Website or channel shall be decided exclusively by a court of competent jurisdiction located in the United Kingdom. These Terms of Service, together with the Privacy Notice at http://www.QuizChannel.com/privacy and any other legal notices published by Quiz Channel on the Website, shall constitute the entire agreement between you and Quiz Channel concerning the Quiz Channel Website and Quiz Channel channel. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Quiz Channel's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Quiz Channel reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Quiz Channel Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND BEDROOM TV AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE BEDROOM TV WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

14. Submission for the Quiz Channel Channel
1. You promise that you are over 13 and are the copyright holder of any material sent to the channel “Quiz Channel” and that you have the ability to grant the rights granted in this release and that you are not a party to any agreement that may diminish/inhibit our rights or infringe any third party right. You confirm that no statement made by you in the Footage will infringe any third party right either.
2. You give us all consents necessary for us to edit, produce and broadcast your image, voice and likeness in any manner we see fit for the purposes of creating the Programme and to use and exploit the Footage for any purpose/action whatsoever that Quiz Channel wants, throughout the world and in all media (whether now in existence or developed in the future), forever. You agree that we will be the sole owner of the worldwide copyright and all other rights/interests in the Footage and you waive any rights/interest that you may have in the Footage. Where any rights vest in you, you irreversibly transfer (by way of current or future transfer) such rights to us absolutely, worldwide and in all media (whether now in existence or developed in the future), forever.
3. We will be entitled to sub-license, transfer or assign our rights hereunder to any successor, subsidiary, affiliate and/or any person acquiring all or substantially all of Quiz Channel's assets, provided that Quiz Channel remains responsible for its obligations in this letter, where such assignee/transferee is not responsible. This release shall be binding on you, your heirs, executors, administrators, successors and assigns.
4. Reference to "consents" means to all consents required under current or future law. Reference to "Footage" means the Footage and any sound recording and includes the right to use your name and/or biography. Nothing contained in this letter shall be construed to be any obligation on our part to broadcast, make available the Footage or to use the Contribution in the Programme. 5. This release form will be governed by and construed in accordance with English law and the parties hereby agree to submit the exclusive jurisdiction of the English Courts.

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