Terms and Conditions

CREATE.TV WEBSITE AND SERVICES – USER TERMS & CONDITIONS

Welcome to create.tv, owned and operated by Ymogen Limited ("we", "us", or "Ymogen"). By registering with, using or visiting the "Site" (this term covers the create.tv site and includes all content, tools and services on this site), you agree to these terms and conditions ("Terms") and our Privacy Policy (which is incorporated into these Terms). If you do not understand or agree to the Terms or Privacy Policy, please do not use or register with the Site.

Please read the Terms carefully as they set out your rights and obligations and the terms on which we make the Site available to you. They also provide information on how you can submit content to the Site and how this will be used.

If you have any questions or concerns regarding the Terms, please let us know by emailing us at help@create.tv. Do not use the Site until these questions and concerns have been answered to your satisfaction, and you agree to abide by the Terms.

Ymogen reserves the right to change the Terms at any time by posting changes online and it is your responsibility to refer to and comply with the most up to date Terms on accessing the Site. Your continued use of the Site after changes are posted constitutes your acceptance of the Terms as modified.

IMPORTANT NOTICE ABOUT USER CONTENT

By uploading or providing User Content (see section 4 of these Terms) to the Site you confirm that the User Content, including without limitation any musical recordings contained therein, is (a) your own work and not copied from anyone else or infringing of any third party's rights and (b) not defamatory, obscene, harassing, offensive, threatening or in breach of anyone's privacy. You must have the consent of anyone featured in the User Content.

You will retain ownership of any original User Content you provide but by providing User Content you agree we may use it, copy it and make any part of it available on the Site and/or through any other media channel in any format. Further details are set out in sections 4 and 5 of these Terms.

The Site contains content created or provided by users and which does not necessarily represent the views of Ymogen. If you wish to make a complaint about any content please email us at help@create.tv.

IF WE DISCOVER OR HAVE ANY REASON TO SUSPECT YOU HAVE BREACHED THE TERMS WE RESERVE THE RIGHT TO SUSPEND OR TERMINATE YOUR MEMBERSHIP OF THE SITE IMMEDIATELY AND WITHOUT NOTICE.

OVERVIEW

The create.tv Site allows you to, among other things, collaborate with other members to plan, create and publish films, share ideas and find other members to collaborate with, upload and share photographic, video and other content, view films and other content published by other members, send messages to other members, and create groups of members based around specific interests (collectively, and together with the Site, the "Services"). Unless otherwise stated, these Terms apply to all Services.

1. REGISTRATION AND THE TERMS

If you would like to upload content to the Site or to engage in any activities within the Site other than passively viewing content, you must register and become a Site member ("Member"). As part of this you will be asked to accept the Terms and, on doing so, you will be deemed to have consented to and will be bound by the Terms.

Visitors to the Site merely wishing to view content do not need to become Members. However, any use of the Site (including, but not limited to, viewing content) constitutes your acceptance of the Terms, which takes effect the moment you first use the Site. If the Terms are not accepted in full, you do not have permission to access the Site and should stop using it immediately.

2. AGE REQUIREMENTS AND VIEWER GUIDANCE

You must be 13 years of age or over to register with the Site and/or view content, and if you are under 18 years you must have the permission of an adult. If we discover or have any reason to believe that you do not comply with the age requirements, we reserve the right to suspend or terminate your Membership or use of the Site immediately and without notice.

We do not review all User Content (see section 4 of these Terms) posted to the Site or created using the Services, and we assume no responsibility or liability for User Content. Some User Content on the Site may be unsuitable for younger viewers.

3. YOUR PASSWORD, USERNAME AND SECURITY

When you register as a Member, you will be asked to select a user name and password you can then use to access your account and log on to and/or participate in areas of the Site reserved for Members only. Your user name may be viewed by the public, so you should not choose a user name that personally identifies you. We reserve the right to reject user names that are offensive, defamatory or otherwise unsuitable.

You accept it is your sole responsibility to maintain the confidentiality of your password and username and you are responsible for all activity that occurs under them. We are unable to check the identity of people acting as Members or using Members' areas and will not be liable where your password is used by someone else. You should make sure you are the only person using your password and you agree to notify us of any unauthorised use of your password and any other breach of security as soon as you become aware of it.

4. OWNERSHIP OF USER CONTENT

User generated content (referred to in the Terms as "User Content") includes all content created using the Services or provided to or uploaded to the Site by users i.e. videos, clips, pictures, graphics, ideas, reviews, comments, messages, plans, scripts, notes and all other user generated material.

We respect your intellectual property rights and do not, unless we agree this with you, claim any rights of ownership in User Content you provide, upload or create. As such, you retain all ownership rights and, although we will be able to use the User Content as set out in the Terms, you will also have the right to use your User Content in any way you choose. Where User Content is to be used in a different way (e.g. we are asking to own the User Content or we are asking for different terms of use) this will be made clear on the Site and you will then be able to choose whether to provide particular User Content on that basis.

You shall be solely responsible for your User Content and the consequences of posting or publishing it.

In using the Services you may invite others to participate in creating User Content with you. The Site allows you to specify whether you are choosing to retain copyright ownership personally or to share copyright ownership with the other participants.

5. COPYRIGHT AND LICENSES, AND HOW USER CONTENT WILL BE USED

You agree and guarantee that all User Content you provide or upload does not infringe the copyright or any other rights of any other person, and that you have all the necessary licenses, rights, consents and permissions which are required to enable us to use your User Content for the purposes of the provision of the Services. You further agree and guarantee that you have all necessary consents, releases and/or permissions from any person appearing in any photographs, videos or other visual content which you provide.

By uploading or posting User Content to the Site or creating User Content using the Site, you grant to Ymogen a worldwide, non-exclusive, royalty-free, transferable licence to use, display, publish, reproduce, distribute, transmit, store, edit, alter, make derivative works of, and sub-license that User Content in connection with the provision of the Services and Ymogen’s business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels.

You also grant to each user of the Site a worldwide, non-exclusive, royalty-free licence to access and view your User Content through the Site. The Site provides functionality which allows you to specify how other users of the Site can use your User Content, e.g. under a Creative Commons license.

By inviting other users to work on your film or project you are granting them license to edit or delete your User Content. (In some cases deleted User Content can be restored, specifically a published film which is deleted may be restored by another director.)

The above licences granted by you shall terminate within a commercially reasonable time after you remove or delete your User Content from the Site. The Site may not allow you to remove or delete some types of User Content for example comments you post about User Content published by other Members or User Content you provide which is used within films created and made public using the Site, and in these cases the above licences granted by you are perpetual and irrevocable, but are otherwise without prejudice to your ownership rights, which are retained by you as set out above.

You understand that the Site supports collaborative creation of film and other content and that you are responsible for choosing who you collaborate with and the associated risks to your User Content.

We do not guarantee to publish on the Site or otherwise make available User Content. Any User Content may be moderated or removed from the Site at our absolute discretion. We reserve the right not to accept User Content that is not in English and cannot be moderated. All decisions are final and we will not enter into any discussions or correspondence about why User Content has been moderated or removed.

We may, in appropriate circumstances, and at our sole discretion, remove or disable access to User Content that appears to be legally or otherwise problematic e.g. it infringes the copyright or other intellectual property or privacy rights of others, is offensive, abusive, defamatory etc. or for any other reason.

You agree that we have no obligation to retain any User Content or to return User Content to you on termination of your Membership or otherwise.

6. STORAGE OF USER CONTENT

The amount of storage space and bandwidth per Member may be limited. Accounts may be archived, or User Content may be purged at such time intervals as we determine at our sole discretion. Some User Content may not be stored, served or processed due to space constraints, serving/bandwidth limitations or disruptions in the system(s). You agree that we are not responsible or liable for the deletion or failure to store, serve or process any User Content or other information.

Accounts may be terminated and/or deleted from our system if they remain inactive for a period of ninety (90) or more days. In the event of a suspension or deletion of an account, User Content may no longer be accessible.

You agree that we have no obligation to retain any User Content or to return User Content to you on termination of your Membership or otherwise.

7. YOUR PERSONAL INFORMATION

Personal information which you supply during registration or as part of your Membership profile or elsewhere on the Site, except for your last name and email address, will, unless we tell you otherwise, be seen by other users of the Site so please be careful and make sure you only provide information you are happy to be seen in this way. In particular you should not reveal personal information such as your home or work contact details or where you live.

Personal information which you provide will be kept private and confidential, will not be passed on to third parties without your express consent and will be used in accordance with our Privacy Policy. By becoming a Member and/or using the Site you are agreeing to Your Data being used as set out in our Privacy Policy.

8. USE OF THE SITE AND CONDUCT

In accessing the Site, you agree to do so only for your own personal, non-commercial use and in accordance with the Terms. You may only use User Content created or provided by other users in the manner permitted by the owner(s) of the User Content, for example under the Creative Commons license. Unless such permission has been granted you may not copy, reproduce, download, post, store (including in any other website), distribute, transmit, broadcast, commercially exploit or modify in any way the Site’s material or content (including User Content) or permit or assist any third party to do the same.

You agree and confirm that:

all information provided by you to us is accurate, true and up to date in all respects and at all times, all facts expressed by you in User Content are true to the best of your knowledge and belief and, if your User Content contains opinions, these are your own and genuinely and truly held by you;
nothing in the User Content will infringe the copyright or any other right of any person, breach any contract or duty of confidence, be defamatory, obscene, offensive, indecent, harassing, threatening, breach anyone’s privacy or may constitute a contempt of court or be calculated to bring any organisation or other person into disrepute;
you will only use the Site for lawful purposes, in a manner which does not improperly infringe the rights of, or restrict or inhibit the use and enjoyment of, the Site by any third party. Such restriction or inhibition includes, but is not limited to, conduct which is libellous, in breach of anyone’s privacy or which may harass, cause real distress or inconvenience to any person and the transmission of obscene or offensive content or interruption of the normal flow of dialogue within the Site;
you will not collect or store personal data about other users or Members; and
you will not impersonate any person or entity, including but not limited to an Ymogen official, guide or host, or falsely state or misrepresent your affiliation with a person or entity.

9. OTHER USER CONTENT, COMPLAINTS AND CONTACTING CREATE.TV

Although we ask all Members to submit User Content that complies with the Terms, you acknowledge that User Content supplied by other Members may include material you consider offensive or objectionable. We assume no responsibility or liability for User Content and, as the User Content is created by users, it does not necessarily represent the views of Ymogen.

By using any functionality made available on the Site that allows people to contact you or leave messages or comments, you are accepting that these may be abusive, untrue or unpleasant. The Site will explain any functionality that we introduce to allow you to block or remove messages or comments.

If you become aware of any misuse of the Site or wish to complain about any User Content, messages, comments or other material on the Site or believe any of your rights have been violated e.g. your copyright infringed, you have been defamed etc., you can notify us using any "report" links on the Site (you will need to be a Member to do this). This is the quickest way to contact us. Alternatively you can contact us by email to help@create.tv or at the address in section 15 of these Terms. We will need to know:

the nature of your complaint and location within the Site of the particular content or Member;
for copyright disputes, identification of the copyrighted work you claim has been infringed and a statement that you have a good-faith belief the disputed use is not authorised by the copyright owner, its agent, or the law and that you are the owner of the copyright interest involved or are authorised to act on behalf of the owner; and
your name, address, telephone number and email address and such other information as we may reasonably request.

We may, but are not obliged to, monitor or assist in disputes between Members. You are solely responsible for your interaction with other Members.

10. TERMINATION AND SUSPENSION OF YOUR MEMBERSHIP OR THE SITE

We reserve the right to modify, suspend or discontinue the Services or any part thereof (including the availability of any features of the Site) at any time and without notice or liability to you. We are entitled to suspend or terminate your Membership or access to any part of the Services at any time if you breach the Terms or for technical reasons.

You may terminate your Membership at any time, for any reason, by following the instructions in your profile or within your account. Even after your Membership is terminated (for whatever reason) the Terms will remain in full force and effect. Some of your User Content will remain on the Site. Please contact us with details of any User Content you would like to be removed and we will try, but do not guarantee, to remove this.

10. THIRD PARTY SITES/LINKS

We are not responsible for the availability or content of any third party websites or material you access through the Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not endorse and are not responsible or liable for any content, advertising, products, services or information on or available from third party websites or material (including payment for and delivery of such products or services) or for any damage, loss or offence caused by or, in connection with, the same. Any terms, conditions, warranties or representations associated with such dealings, are solely between you and the relevant provider of the service.

You may link to your own User Content on the Site or send links to other people’s User Content on the Site via email. Other than this, links to the Site must be direct to the create.tv homepage (and not any part of a page) and must not be viewed within the pages of any other site (unless expressly set out otherwise on the Site). We disclaim all liability for any legal or other consequences (including for infringement of third party rights) of links made to the Site.

Links do not imply that we endorse, are affiliated or associated with any linked site, or are legally authorised to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorised to use any trademark, trade name, logo or copyright symbol of Ymogen or any of its affiliates or subsidiaries. We reserve the right to request that any links are removed at any time and you agree to comply with any such request.

12. DISCLAIMER/LIMITATION OF LIABILITY

The Services, User Content and information, images, logos and content relating to the Site, Ymogen, and/or any of Ymogen's associated companies, products and services (or to third party products and services), are provided 'AS IS' and on an 'AS AVAILABLE' basis without any representation, endorsement or warranty of any kind, including but not limited to implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

Ymogen will endeavour to provide the Site using all reasonable care and will use reasonable efforts to make the Site available to you at all times. Ymogen is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, providers, computer equipment or software, or failure of any email to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any website (or any combination of these things).

Ymogen makes no guarantees that the Site will be available, uninterrupted or error free, or that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs. Except as required by law, Ymogen will not be responsible for any loss or damage caused by: (a) interruption or delay to the Site or errors, viruses or bugs contained in the Site caused by events outside Ymogen’s reasonable control; (b) your negligence, your breach of the Terms or failure to follow Ymogen’s reasonable instructions; (c) any incompatibility of the Site with any other software or material on your equipment; (d) any unauthorised use of the Site; or (e) any other factor that is outside Ymogen’s reasonable control.

Content, information and other material on the Site may contain inaccuracies and typographical errors. Ymogen does not warrant the accuracy or completeness of these or the reliability of any information displayed or distributed through the Site (including provided through any software). You acknowledge that reliance on any such information shall be at your sole risk. Ymogen reserves the right, in its sole discretion, to correct any errors or omissions in any part of the Site and to make changes to the Site and to the materials, products, programs, services, or content described in the Site at any time without notice.

Ymogen cannot accept any responsibility for any damage, loss, injury or disappointment suffered though use of the Site. In no event will Ymogen or its third party affiliates be liable for any damages whatsoever, whether in action of contract, negligence or other action, including (but not limited to) damages for loss of use of the Site, damage to equipment or other software, or loss of data or profits or for other monetary loss or for any indirect or consequential damages, arising out of or in connection with the use (or inability to use) or performance of the Site. In addition, in no event shall Ymogen or its licensors or third party affiliates be liable for any unauthorised use of the Site.

These exclusions do not apply to death or personal injury caused by Ymogen’s negligence and only apply to the extent permitted by law. This does not affect your statutory rights.

13. YMOGEN'S INTELLECTUAL PROPERTY RIGHTS, PRODUCTS AND SOFTWARE

The names, images and logos identifying Ymogen, its associated companies or third parties and their products and services are proprietary marks of these parties. Nothing in the Terms shall be construed as conferring any licence or right under any intellectual property right of Ymogen, its associated companies or any other third party unless expressly stated otherwise.

All copyright, trademarks and other intellectual property rights in the Site (including the design, arrangement and look and feel) and all material, software or content supplied as part of the Site, other than User Content and Your Data (see sections 4 and 7 of these Terms), shall remain at all times the property of Ymogen or Ymogen’s licensors and protected by copyright law.

Any products and services on the Site are subject to availability and are available at the sole discretion of Ymogen. Where applicable, all references to Ymogen products and services are intended to apply only in the United Kingdom.

14. LAW AND JURISDICTION

The Terms shall be governed by and construed in accordance with the laws of England. Any disputes arising from the Site or Terms will be decided only by the English courts.

The Site is only intended to be accessed from the United Kingdom and Republic of Ireland. Ymogen makes no representation that materials on the Site are appropriate or available for use at other locations and access to them from territories where their contents are illegal is strictly prohibited. If you access the Site outside of the United Kingdom or Republic of Ireland, you are responsible for compliance with all local laws.

If any of the Terms are held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms which will continue to be valid and enforceable to the fullest extent permitted by law.

Ymogen can transfer its rights and obligations under the Terms to any company, firm or person provided this does not affect your rights under the Terms. You may not transfer or assign your rights or obligations under the Terms to anyone else and your Membership is personal to you.

15. OUR DETAILS

Ymogen Limited (Company Registration No. 04106849 and VAT No. 626 4758 17) is incorporated and registered in England and Wales at 1 Brickhouse Road, Colchester, CO6 2HL. You can contact us at this address or by email to help@create.tv.

Last updated 3rd September 2009