terms & Conditions

What You’re Agreeing to

You need to read the small print but here’s a quick explanation of what you’ll be agreeing to when you accept the Picture This terms and conditions.

Accepting our terms means that you have the right to send us your work and that we can showcase it on all Channel 4 platforms. We might also publish it as part of Channel 4 content on other websites and channels.

The most important thing to understand is that we don’t own your work and you retain your rights to it. We just gain the right to use and publish it now, and in the future.

You can find the full terms and conditions below, they explain everything you need to know, so please read them in detail.

Full Picture This Terms and Conditions

The Picture This website (the “Site”) is owned and operated by or on behalf of Channel Four Television Corporation and 4 Ventures Limited (“Channel 4” “we”, “us”).

These terms and conditions (the “Terms of Use”) set out the conditions on which you may view and use the Site so please read them carefully. If you don’t agree with the Terms of Use then please don’t use the Site.

We may change these Terms of Use at any time without notice to you so please check these Terms of Use regularly.

Uploading photographs or other content to the Site

The main purpose of the Site is to provide aspiring photographers with an online gallery to exhibit their photographs and information to help them improve their photography. The Site uses the Flickr application and in order to upload your photograph to the Site or to rate or use (where they give permission of course) another user’s photographs you must register and become a member of Flickr at www.flickr.com . Flickr’s terms and conditions apply (and are hereby incorporated into these Terms of Use) to your use of the Flickr application on this Site so please re-read these carefully. These can be found here www.flickr.com.

In order to upload your photographs or use other functionality on the Site you will need to log-in to the site using your Flickr member ID and your email address. Any personal information provided by you to us will be dealt with in accordance with our Privacy Policy

We are unable to verify the identity of users using a Flickr member ID and we will not be in any way liable where your Flickr member ID is used by someone else. You are responsible for all photographs and content submitted to the Site using your Flickr member ID so please do not give this to any one else. You agree to notify us as soon as you become aware of any unauthorised activity under your Flickr member ID on the Site.

You do not need to be Flickr member to view the Site but by viewing the Site you agree to these Terms of Use.

To submit photographs and/or other content to this Site you must be 16 years of age or over. If you are under 16 then your parent or guardian must upload your photographs and/or other content on your behalf. Children under the age of 16 are entitled to access the Site to view its content. NOTE TO PARENTS: certain content on the Site may not be suitable for under 16 year olds. If your child is or becomes a member of Flickr and uploads photographs to the Site he or she will have access to all the other services of the Site and Flickr. It is your responsibility to determine whether the Site or any of the services and/or content on the Site or Flickr is suitable for your child.

Your photographs

Ownership of any photographs or other content you submit to the Site shall remain vested in you. You must set your privacy setting on Flickr to “public” when submitting your photograph in order for the photograph to be used on the Site. It will be your responsibility to tag and set the usage licence in the Flickr application which will determine how the photograph can be accessed and/or used by other users of the Site.

In addition to the usage licence you have set on your photographs through Flickr you hereby grant Channel 4 a non-exclusive, royalty free licence in all media now known or in future invented in future in perpetuity to use your photographs and other content submitted by you,

a) On the Site; and

b) Otherwise in connection with the "Picture This" project only (including without limitation in promotional or educational material for the "Picture This" project or further "Picture This" broadcast programmes on Channel 4 television),

and you give Channel 4 all necessary consents and waivers in order to do so. Channel 4 will not use your photographs and/or other content submitted by you to the Site in any other way without your permission.

Channel 4 may issue publicity promoting the Site and/or the "Picture This" project from time to time and you hereby give Channel 4 permission to use or make reference to your photographs and/or other content submitted by you to the Site and to reproduce your name and any photographic likeness of you (where these have been provided to Channel 4 by you) for such publicity purposes for the "Picture This" project only.

Your Promises

By submitting your photographs and/or other content to the Site or otherwise using the Site you promise that:

your photographs and/or other content are original to you (or you have permission from the author/owner of the photograph to submit the same to the Site) and you have obtained: (i) permission from any person featured in your photographs to photograph and publish their likeness (and where any person featured in a photograph is under 16, permission from his or her parent or guardian to photograph and publish his or her likeness) on the Site; and (ii) permission from the owner of any property or other materials featured in your photographs (by way of example only and not in limitation: artworks, trademarks, logos, private property etc.) to include them in your photograph and to publish such photographs on the Site;

your photographs and/or other content will not (i) infringe the copyright, other intellectual property rights, or any other personal or property rights of any person (including moral and privacy rights); (ii) be in breach of any statute or regulation; and/or (iii) be otherwise unlawful, obscene, libellous, defamatory or constitute a contempt of court or breach of any duty of confidence or privacy;

you will not upload or otherwise transmit any material to the Site that contains any viruses or destructive code that could damage, destroy, interrupt or modify the Site in any way;

you will not harass, stalk, groom, incite hatred or otherwise behave in any way designed to intimidate others; and

your use of the Site will be solely for your own lawful, personal, non-commercial purposes.

You agree to indemnify and hold harmless (and keep indemnified and held harmless on demand) Channel 4 against all actions, proceedings, claims, demands, damages or costs (including legal costs) incurred or suffered by Channel 4 arising as a result of a breach by you these Terms of Use.

Use of the Site

We will not be liable to you or any third party for any photographs or content submitted by you that are lost or damaged or not received by us for any reason nor can we return any photographs or content submitted to the Site. Please keep a copy of your photograph or other content.

You acknowledge and accept that the Site contains content submitted by members of public, some of which you may find offensive or distasteful. We will moderate all photographs and other content submitted to the Site before they are published on the Site and any photographs or content that we deem (in our absolute discretion) to be inappropriate will not be published on the Site. We reserve the right to reject or remove from the Site any photographs or content submitted by you for any reason at any time. We may also terminate your use of the Site if, in our sole discretion, we believe that you have breached these Terms of Use. Channel 4’s decision will be final and no correspondence will be entered into.

If you believe that a photograph or other content on the Site is an infringement of your intellectual property rights or other rights or is otherwise unlawful please contact Channel 4 at Email: picturethis@channel4.com with the following information: (i) description and location (e.g. URL/web address) of photograph or content (ii) your reasons for complaint, and (iii) your name and contact details.

Channel 4 may at its discretion disclose personal data provided by you to us to the police, regulatory bodies or any legal advisers in connection with any alleged criminal offence or suspected breach of the Terms or Use by you or otherwise where required by law.

We are not responsible for the content or availability of any third party websites accessed by you through the Site.

Disclaimer and limitation of liability

The Site and services and/or content provided through the Site are provided on an “AS IS” and on an “AS AVAILABLE” basis without any representations or endorsements being made and without any warranties of any kind, including but not limited to implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security or accuracy.

Channel 4 cannot accept responsibility for any damage, loss, injury, or disappointment suffered through use of the Site. In no event will Channel 4 or its third party affiliates be responsible for any damages whatsoever, whether in contract, negligence or any other action, including but not limited to damages for loss of use of the Site, damage to equipment or software, or loss of data or loss of profits or for any other monetary loss or for any other indirect or consequential damages arising out of or in connection with your use of (or inability to use) or performance of the Site. In addition, in no event will Channel 4 or its third party affiliates be responsible or liable for any unauthorised use of the Site. These exclusions do not apply to death or personal injury caused by Channel 4’s negligence and shall only apply to the extent permitted by law.

Channel 4’s proprietary rights

The names, images and logos identifying Channel 4 and all Channel 4 associated companies or third parties and their products and services are proprietary marks of Channel 4, its associated companies and/or third parties. Nothing contained in these Terms of Use shall be construed as conferring any license or right under any copyright, trade mark, patent or any other intellectual property right of Channel 4, its associated companies or any other third party unless expressly stated otherwise.

All copyright, trade marks and other intellectual property rights in the Site (including the design, arrangement and look and feel) and all material or content supplied as part of the Site, other than photographs or content submitted by members of the public, shall remain at all times the property of Channel 4 or Channel 4's licensors.

Any products and services mentioned in the Site are subject to availability and are available at the sole discretion of Channel 4. Furthermore, where applicable, all references to Channel 4 products and services are intended to apply only in the United Kingdom.

From time to time certain software which is the protected work of Channel 4, its suppliers or its licensors may be made available to download from the Site. You are licensed to use the software on a non-exclusive basis only for the purposes for which it is indicated. You may not use the software for any other purpose and may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise deal with the software unless you are specifically advised otherwise.

Law and Jurisdiction

The Terms of Use shall be governed by and construed in accordance with the laws of England. Disputes arising from or in connection with the Site or these Terms of Use shall be exclusively subject to the jurisdiction of the courts of England. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises.

If any of the Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the law of any state or country in which the Terms are intended to be effective, then to the extent and within the jurisdiction in which that term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from that clause and the remaining terms and conditions shall survive and continue to be binding and enforceable to the fullest extent permitted by law.

Channel 4 makes no representation that materials on the Site are appropriate or available for use at other locations outside of the United Kingdom and access to them from territories where their contents are illegal is strictly prohibited. If you access the Site from a location outside of the United Kingdom, you are responsible for compliance with all local laws

Channel 4 can transfer its rights and obligations under the Terms of Use to any company, firm or person provided this does not affect your rights under the Terms of Use.

Any Questions?

For more information please contact us at Channel Four Television Corporation and 4 Ventures Limited both of 124 Horseferry Road, London SW1P 2TX or by email at picturethis@channel4.com.

Channel Four Television Corporation and 4 Ventures Limited (company registration no. 04106849 and VAT no. 626 4758 17) are incorporated and registered in England and Wales at 124 Horseferry Road, London SW1P 2TX.

Last modified 10 March 2008

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