We may change these Terms and Conditions from time to time and so you should check these regularly. Your use of the Sky Site will be deemed an acceptance of the terms existing at that time.
As part of Our commitment to ensuring the Sky Site is one You want to visit time and time again We welcome your comments on any of the policies or rules set out below. To contact Us please use the Feedback Form on the Sky Site.
"You" means you, the user of the Sky Site and "Your" shall be interpreted accordingly. "We/Us" means British Sky Broadcasting Limited of Grant Way, Isleworth, Middlesex TW7 5QD (except in section 11) and "Our" shall be interpreted accordingly. "Sky Site" shall have the meaning as set out above. "User Information" means the personal details which may be provided by You to Us via the Sky Site. "Users" means the users of the Sky Site collectively and/or individually as the context admits. "Website" means a site on the World Wide Web.
2. Acceptable Use
You agree that any use by You of the Sky Site shall be in accordance with the following conditions:
2.1 You will not post or transmit through the Sky Site any defamatory, threatening, obscene, harmful, pornographic or otherwise illegal material or material which would violate or infringe in any way upon our rights or those of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or inconvenience. You must not express opinions that are vulgar, crude, sexist, racist or otherwise offensive. Always treat other Users with respect.
2.2 You will not post or otherwise make available on the Sky Site any material which You do not own without the express permission of the owner of the material.
2.3 You will not copy, download, reproduce, republish, frame, broadcast, transmit in any manner whatsoever, any material on the Sky Site except as is strictly necessary for Your own personal non-commercial home use.
2.4 You will abide by the specific rules of any competition or promotion that You participate in on or via the Sky Site
2.5 You will not do anything that affects the operability or security of the Sky Site or causes unreasonable inconvenience or offence or disruption to our staff.
3. Third Party Websites
3.1 You acknowledge and agree that We are not responsible for the availability of any third party Websites or material You access through the Sky Site.
3.2 We do not endorse and shall not be held responsible or liable for any content, advertising, products or services on or available from such Websites or material.
3.3 Any dealings between You and any third party advertisers or merchants found on or via the Sky Site, including payment for and delivery of products, services and any other terms, conditions, warranties or representations associated with such dealings, are made between You and the relevant advertiser or merchant. Therefore, We are not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings. Where You purchase goods or services directly from Us, section 11 of these terms and conditions will apply.
4. Intellectual Property
4.1 All copyright, trade marks and all other intellectual property rights in all material or content supplied as part of the Sky Site shall remain at all times vested in Us or Our licensors. You are permitted to use this material or content only as expressly authorised in writing by Us or Our licensors. You will not, and You will not assist or facilitate any third party to, copy, reproduce, transmit, distribute, frame, commercially exploit or create derivative works of such material or content.
4.2 If You become aware of any such distribution or commercial exploitation, You agree to notify Us immediately.
4.3 You acknowledge that by posting materials on the Sky Site You grant to Us and Our licensors and assigns an irrevocable, perpetual, royalty free, worldwide licence to use the materials both within the Sky Site and in any other manner. The licence extends to copying, distributing, broadcasting, and otherwise transmitting, and adapting and editing the materials.
5. Liability for and information provided on the Sky Site
5.1 Material which is posted on any bulletin boards or chat forums is written by Users and We are not responsible for and do not endorse such material. We reserve the right to monitor the contributions made and may respond to or comment upon communications made by You and edit, refuse to post, or remove any content from the bulletin boards and chat forums in our absolute discretion. No failure to remove particular material constitutes an endorsement or acceptance of it by Us.
5.2 We will not be held responsible or liable for the content, accuracy, timing or reliability of any information or statements contained within the Sky Site, or for statements, advice and/or opinions made or given by Users on the bulletin boards and chat forums (except as required by law). If You have any claim arising from the actions or statements of another User, You agree to pursue such a claim only against that User and not from Us.
5.3 We will endeavour to provide the Sky Site using all reasonable care. Except as required by law, We will not be responsible or liable for the quality, accuracy or fitness for a particular purpose of the Sky Site and do not promise that the material contained in the Sky Site, or any of the functions contained in the Sky Site or its server will operate without interruption or delay or will be error free, free of viruses or bugs or is compatible with any other software or material.
5.4 We will be liable for any fraudulent misrepresentations We make and for any death or personal injury caused by Our negligence. We will not be responsible or liable to You for any other loss or damage that You or any third party may suffer as a result of using or in connection with Your use of the Sky Site.
6.1 We shall comply with all applicable UK data protection legislation from time to time in place in respect of any personal information relating to You gathered by Us.
6.3 Please use the Feedback form on the Sky Site to notify Us of any changes to the information You have previously given or if You wish to withdraw Your consent to Our using Your User Information for the stated purposes or for any form of promotional contact.
6.4 In this Section 6 We means British Sky Broadcasting Limited and company which (i) is controlled by British Sky Broadcasting Limited or (ii) which controls British Sky Broadcasting Limited and for this purpose "Control" means the power of a person to secure that the affairs of another are conducted in accordance with its wishes and Controlled shall be construed accordingly.
We give Our ongoing commitment to ensuring through Our policy of safety that You can use the Sky Site with confidence. When using the Sky Site, in particular any bulletin boards or chat forums, You should always take the following precautions:
7.1 keep Your identity private. Do not give out Your full name, postal address, telephone number, email 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;
7.2 never meet with someone You meet online.
7.3 do not reply to any messages that are hostile, rude or inappropriate, or in any way make You feel uncomfortable.
If you are a business User, You agree to indemnify Us, and/or any of Our affiliates and Our and their officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these terms and conditions by You or any other liabilities arising out of Your use of the Sky Site.
We reserve the right immediately to terminate Your use of the Sky Site if You breach or We have reasonable grounds to believe that You are likely to breach these terms and conditions or You otherwise engage in conduct which We determine in Our sole discretion to be unacceptable.
Should You wish to make any comments to Us about the Sky Site or if You have any questions relating to the same please contact Us at firstname.lastname@example.org.
11.1 Invalidity etc If any court or regulator decides that any provision of these terms and conditions is invalid or otherwise unenforceable, such provisions shall be severed and deleted from these terms and conditions and the remainder of these terms and conditions shall continue to have full force and effect.
11.2 Governing Law These terms and conditions and the Sky Site are governed by English law. Disputes can be dealt with by the English courts.
11.3 Third Party Rights These terms and conditions apply between Us and Users. No other person is entitled to benefit under these Terms and Conditions.