TERMS & CONDITIONS

1. AGE AND ELIGIBILITY
2. YOUR CONTRIBUTIONS
3. WARRANTIES
4. CONSENTS
5. INDEMNITY
6. REMOVAL OF YOUR CONTRIBUTIONS
7. INTERACTION WITH YOUR CONTRIBUTIONS
8. EXTERNAL THIRD PARTY WEBSITES
9. TECHNICAL FAULTS
10. INTELLECTUAL PROPERTY
11. DISCLAIMER
12. PRIVACY AND DATA PROTECTION
13. LAW AND JURISDICTION



THE WALL

Please read these terms and conditions (“Terms”) carefully before submitting any of your images, SMS messages, photographs, video content or any other content (“Contributions”) you may wish Zeppotron Limited (“Zeppotron”) to upload onto this website (“the Website”). These Terms will apply as soon as you have submitted your Contributions. If you are not submitting any Contributions, but are using this Website in any way, you agree to comply with these Terms except those relating only to the Contributions. The Website is brought to you by Zeppotron Limited in collaboration with the BBC. Please refer to the FAQ’s for more detail and information about uploading your Contributions and about the Website and the Wall television show (“the Show”). Please be aware that the BBC may change these Terms at any time by posting changes online. Please review these Terms regularly to ensure you are aware of any changes made by the BBC.

1. AGE AND ELIGIBILITY
You must be 16 in order to submit any Contributions.

2. YOUR CONTRIBUTIONS
(a) You may submit your contributions any time from 29th March 2008 (this date may be subject to change) until June 24th 12.00 midday, however you acknowledge that any material submitted after the last episode of the Show has transmitted cannot be included in the Show.

(b) By submitting your Contributions, you hereby grant to the BBC and Zeppotron a non-exclusive, irrevocable, sub-licensable (subject to BBC’s Privacy Policy which you can find on the Website, and referred to in paragraph 12) royalty free licence to use, reproduce, modify, adapt, publish, distribute, excerpt, broadcast and make available to the public and exercise all rights in and to your Contributions worldwide in any media now known or hereafter invented (including for the avoidance of doubt in the Show and all allied and ancillary rights therein), including the right to incorporate other works with your Contributions and the right to promote the Website and the Show, for the full term of any rights that may exist in your Contributions and so far as possible, in perpetuity.

(c) When you submit your Contributions to Zeppotron, you acknowledge that Zeppotron and the BBC will not automatically upload your Contributions and will have sole discretion as to whether they decide to upload your Contributions onto the Website. All decisions are final and may not be appealed. You will not be notified if your Contributions are going to be posted onto the Website, and you acknowledge that there may be some delay from the time you submit your Contributions to the Contributions appearing on the Website. You may be notified in advance if the BBC and Zeppotron decide to include any of your Contributions in the Show, however due to the volume of contributions submitted Zeppotron may not contact contributors in all cases. If your Contributions are chosen to be in the Show, you agree that Zeppotron may carry out background checks on you and you agree to provide any relevant assistance. You further agree that Zeppotron and the BBC have the right to use your name, likeness and biography in relation to your Contributions being included in the Show and/or on the Website.

(d) The BBC and Zeppotron have no obligation to produce the Website or the Show or to use your Contributions in any way whatsoever.

(e) The BBC and Zeppotron shall have no responsibility to return any Contributions to you.

3. WARRANTIES
You warrant that your Contributions:

(a) are your own original work and that you have the right to make it available to the BBC and Zeppotron for all the purposes specified at paragraph 2 above;
(b) if they contain third party material, you have obtained permission for both you, the BBC and Zeppotron to use such third party material as specified at paragraph 2 above, including permission from the owners of all copyright, performance rights, image rights, music publishing rights, publicity rights, design rights, trade marks, trade secrets, privacy rights (including the third party’s consent under the Data Protection Act 1998) or other proprietary rights,
(c) they do not infringe the rights of any third party, including any of the rights listed in paragraph (b) above;
(d) they are not defamatory libellous or obscene or otherwise unlawful and will not cause harm or offence or bring the BBC or Zeppotron into disrepute;
(e) they do not contain third party material of any person under 16 years of age;
(f) that you have no criminal convictions;

You acknowledge that Zeppotron and the BBC may moderate any of your Contributions and if they believe your Contributions breach any of the provisions in this paragraph, they may decide not to make use of your Contributions in any way or to remove your Contributions from the Website.

4. CONSENTS
If your Contributions contain any performances, you hereby grant to BBC and Zeppotron in relation to your performance(s) and agree that you have procured from any third parties featured in your Contributions and grant on all such third parties’ behalf, all relevant consents (whether pursuant to the Copyright Designs and Patents Act 1988 or otherwise) sufficient to enable the BBC and Zeppotron (and their assigns and licensees) fully and freely to exploit the Contributions in accordance with these Terms. You also hereby waive, and agree that you have procured that any third parties featured in the Contributions have waived any and all moral rights with respect to the Contributions whether pursuant to the Copyright Designs and Patents Act 1988 or otherwise. 

If you believe that you have not obtained the relevant consents and permissions in respect of any third party contributions contained in the Contributions, you agree to notify Zeppotron and the BBC immediately after submitting your Contributions by emailing thewall@bbc.co.uk and including in your notification email your name and the email address from which you submitted your Contributions, and you agree that Zeppotron may contact you in order to discuss and assist if possible in obtaining any relevant permissions and consents from any such third parties. Please note that paragraph 2(d) applies and Zeppotron and the BBC have no obligation to contact you.

5. INDEMNITY
You agree to indemnify the BBC and Zeppotron against all losses, costs, claims, legal fees, damages and other expenses that may be incurred by the BBC and/or Zeppotron if you breach the warranties in paragraph 3.

6. REMOVAL OF YOUR CONTRIBUTIONS
If you would like your Contributions removed from the Website the BBC and Zeppotron will endeavour to do this within a maximum of 14 working days after the BBC and Zeppotron have received the request by email to wallremoval@endemoluk.com (“Email Address”) or in writing to the following address


The Wall
Zeppotron
Shepherds Building Central
Charecroft Way
Shepherds Bush
London
W14 OEH (“Postal Address”)

7. INTERACTION WITH YOUR CONTRIBUTIONS
You acknowledge that some of the content on the Website is generated by members of the public in the form of comments on your Contributions. The views expressed are theirs and unless specifically stated are not those of the BBC or Zeppotron. If you are unhappy with any of the comments, you may request removal of your Contributions from the Website in accordance with paragraph 6. If you consider any comments to be in breach of BBC’s Terms of Use for the Wall Forums (http://www.bbc.co.uk/terms/), please use the Forum alert button to bring the content to our attention and the BBC will review your complaint. Any decision whether to remove a comment from a Forum is at BBC’s discretion and there will be no right of appeal against any of BBC’s decisions in this instance, provided you are free at all times to request removal of your Contributions in accordance with paragraph 6.

8. EXTERNAL THIRD PARTY WEBSITES
(a) The BBC and Zeppotron are not responsible for the content of any external sites referenced or linked on the Website, with the exception of BBC’s dedicated and BBC-branded web pages on external sites. All external sites will operate upon their own terms and conditions and privacy policies and you use all such external sites at your own risk.

9. TECHNICAL FAULTS
You accept and agree that the BBC and Zeppotron are not responsible or liable for any latency, disruptions or any service problems that occur in relation to the Website and the submission of your Contributions.

10. INTELLECTUAL PROPERTY
(a) The names images logos pictures and all content and icons relating to the Website, the Show, the BBC and Zeppotron and those of any third parties’ are the sole property of the BBC, Zeppotron and their associated companies and/or third parties and nothing in these Terms shall be construed as conferring any licence or right to you to in relation to the same unless expressly stated otherwise.

(b) All content on this site (excluding all Contributions) including without limitation all music, graphics, designs, logos, text, the “look and feel” of the Website, all applications, software, pictures, videos, sound and other files and their arrangements (“Site Content”) is the property of Zeppotron and/or the BBC, their users or their licensors with all rights reserved. You may not modify, copy, distribute, frame, reproduce, publish, download, display, post, transmit, sell or exploit in any form the Site Content without the BBC’s or Zeppotron’s prior written consent.

(c) You are granted a limited licence to access and use the Website and the Site Content and to download or print a copy of any portion of the Website to which you have properly gained access solely for your personal and non-commercial use and provided you keep all copyright notices intact. This licence may be revoked at any time and any other use of the Site Content is strictly prohibited.


11. DISCLAIMER
All Site Content is provided on an ‘as is’ and on an ‘as available’ basis without any representation or endorsement being made and without warranty of any kind including but not limited to implied warranties of satisfactory quality, fitness for purpose, non-infringement, compatibility, security and accuracy. The BBC and Zeppotron do not warrant the accuracy or completeness of any Site Content. You acknowledge that your reliance on any statements on the Website is at your sole risk. The BBC reserves the right to modify alter or correct any omissions or errors in any part of the Website at any time without notice. In no event shall Zeppotron or the BBC or any third party be liable to you for any damages or loss arising from any errors or omissions or loss of content or the Contributions or arising in connection with the Website, whether in an action in contract, negligence or tort, provided that these exclusions do not apply to the death or personal injury caused by the BBC’s or Zeppotron’s negligence and only apply to the extent permitted by law.

12. PRIVACY AND DATA PROTECTION
Your Contributions and any other personal information (such as your name, age, email address and other personal information contained in the submission form) will be submitted to and held by the BBC. The BBC will share your Contributions and other personal information with Zeppotron as is necessary to operate the Website and produce the Show.

When you send your Contributions and any other personal information in connection with the Show to the BBC, you do so subject to the BBC’s privacy policy (which can be found here http://www.bbc.co.uk/privacy/ ) except as amended or varied by the terms in this clause 12. Please read and accept the BBC’s privacy policy before submitting your Contributions or any other personal information as it contains further important information about our use of your personal information.

The BBC and Zeppotron will keep your Contributions and any other personal information secure and will only be used for the purposes set out in this Privacy and Data Protection Policy and the Terms.

The BBC and Zeppotron shall use your personal information for the purposes described in these Terms and in particular (a) the selection of Contributions for the Website and the Show (including contacting you about your Contribution if necessary) (b) the development and production, distribution, advertising and promotion of the Website and the Show (where you have opted in to be contacted about the Show).

If you wish to no longer be registered as a contributor for the Website and Show, or to be contacted by us or should you no longer wish us to hold data about you, you can opt out by simply contacting us at the Email Address or the Postal Address addressed to Jim Harrison.

13. LAW AND JURISDICTION
The Terms shall be governed by and construed in accordance with the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction over any disputes arising in relation thereto. If any of the Terms shall be found to be unenforceable illegal or invalid, they shall be severed and deleted and the remaining Terms shall continue in full force and effect.

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