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These rules and the SkyCast Usage Policy apply to you when you register for and use the SkyCast service (the “Service”). If you have any questions then have a look at our FAQs or you can email us on contactus@skycast.com .

You must be 16 years or older to use the Service. If you are not 16 you MUST NOT use the Service. If you are 16 or over but have not yet reached 18, you must obtain your parent or guardian’s permission before registering for the Service. We may ask you to confirm your age if we think it is necessary. Once you turn 18 you are confirming that these rules will apply to your use of the Service from the date you first registered.


HERE IS A SUMMARY OF THE MOST IMPORTANT BITS

If you send us videos, messages or other content, we will be able to use your content in any way we like. So, we might decide to put your content on one of our other services, like TV, or give it to someone else to put on one of their services. We might even decide not to use it at all! If you decide to take your content off the Service, Sky can still use it in any way we like. If you do not want us to use your content then it is best not to send it to us in the first place. Remember, you can always look at our FAQs or email us if you have any questions.

Sky will not pay you for any content that you send us.

Please do not send us any content that you have not created yourself. This means that you cannot copy anyone else’s work or send us something that is not yours unless you have permission from the person who made it.

You must also make sure that anyone that appears in a video clip you want to send to us has given you their permission to do so.

Please do not send us anything that is rude or might offend or upset another person.

Please do not send us anything which says things that are not true about someone else. If you are unsure, then it is best not to send it to us.

Keep your password secret and do not let anyone else use your login details to access the Service.

If you send us anything or download anything from your mobile phone, then you will have to pay for it. The costs for doing this are explained on the SkyCast Website.

 

Using your personal info

 

When you register for the Service, you will be giving us information which we will be able to use to advertise to you in the future, unless you ask us not to. We might email or text you about our similar products and services, and we might pass your details onto other companies. If you do not want us to use your personal information like this, then please let us know.

 

So, what is the Service anyway?


Once you have registered for the Service you can send us videos, messages and other content from your PC or your mobile phone and share it with other people. You can even download other people’s video clips to your mobile phone! You will also be able to watch content from Sky, create your own SkyCast Profile on the website and message your friends. Last but not least, we will also work hard to come up with all new and improved ideas to make your use of the Service even better in the future!

 

Is it going to cost you anything?

The people who provide you or your parents with access to the internet or your mobile phone may charge you for using the Service. Unfortunately, we do not know exactly what these costs will be, so it is best that you or your parents contact them to find out. Remember, you or your parents will be responsible for these costs. In addition we may charge you for downloading videos to your mobile phone. We outline these charges on our WAP site.

 

THE REST OF THE LEGAL STUFF

 

If you are under 18, make sure your parents read this bit and explain it to you – it is important and will apply to you when you use the Service.

By registering for the Service and agreeing to these Terms of Use you are entering into a contract between you and British Sky Broadcasting Limited of Grant Way, Isleworth, Middlesex, TW7 5QD (“Sky”). References to "we" or "us" in these Terms of Use and the SkyCast Usage Policy will be read as references to Sky.

 

1. Definitions

“Content” means content submitted to the Service by you or other Registered Users including (but not limited to) videos, images and text but excludes Sky Content;

“Guest User” means an individual who has not registered to use the Service and does not have a SkyCast Profile. A Guest User may access all elements of the Service except those that may only be accessed by Registered Users as part of their SkyCast Profile;

“Registered User ” means an individual who has registered to use the Service and has created a SkyCast Profile. As a registered user you can upload content to the Service from within your SkyCast Profile on the SkyCast Website or via your mobile phone;

“SkyCast Profile” means the personal profile that you create on the SkyCast Website;

“SkyCast Usage Policy” means the policy which governs your use of the Service set out below;

“SkyCast Website” means the website accessed at www.skycast.com;

“Sky Content” means the content submitted to the Service by Sky or our content partners, which is either owned or licensed by Sky, but does not include the Content;

“Terms of Use” means these terms of use and the SkyCast Usage Policy; and

“Users” means where the context so requires, either Registered Users or Guest Users or both of them.

“WAP site” means the website accessed at http://wap.skycast.com.

 

2. Access to the Service

2.1 Except for downloading videos to your mobile phone via our WAP site or Premium SMS Service, you must have a SkyCast Profile to upload and download video content or to use any of the other parts of the Service. To create a SkyCast Profile, you need to register on the registration page by providing your personal information. You will be asked to provide a user name and password. Your user name should be unique to you and not the name of another person or entity. We would recommend that you do not use your real name or any part of it as your user name or password for your own protection. We may ask you to change your username in our absolute discretion.

2.2 After registration, access to your SkyCast Profile will require you to enter your user name and password. Your password is secret and personal to you and must not be disclosed to any third party in any circumstances. You are responsible for keeping your password secure and confidential. You must take all precautions to prevent your SkyCast Profile being used by anyone else.

2.3 If we reasonably believe that your user name and password are being used in any way which is not permitted or acceptable to us, we may cancel your account immediately without giving you any notice.

2.4 You may change your password or any other personal details (but not your user name) that you notified to us at any time on the SkyCast Website. If you want to change your user name, you will need to re-register for the Service. Should you become aware that a person knows your password you should change it immediately. You must not store your user name and password on your computer and we would recommend that you do not keep it anywhere that is accessible by any other person.

2.5 When registering for the Service you must provide us with accurate, true and correct information about you in your SkyCast Profile and you must keep this information up-to-date. By registering for the Service you warrant that you have provided information that is true, accurate and correct.

 

3. The Service

3.1 We will use reasonable efforts to make the Service available to you at all times. However, you acknowledge that the Service is provided over the internet and mobile telecommunications networks and therefore the quality and availability of the Service are affected by factors that are beyond our control, such as, technical faults in a third party telecommunication providers’ and/or a third party ISP’s service/network. We also may need to take some or all of the Service down for maintenance, but we will use our reasonable endeavours to do this at a time that is least inconvenient to you, unless it is essential or urgent maintenance. You accept that we are not responsible for any suspension, interruption or non-availability of the Service or any part of it for any of the reasons set out in this Paragraph 3.1,or otherwise unless you have rights against us or any other member of the British Sky Broadcasting group for the provision of these services.

3.2 The Service is variable. We may alter the content, presentation of and/or the facilities available on the Service from time to time without notice. You acknowledge that some of the Sky Content or services offered as part of the Service may be provided by third parties.

3.3 From time to time, we may offer you additional services and or software as part of the Service. If there are additional terms and conditions relating to these services then you must accept such terms prior to the use of such additional services and comply with them.

3.4 If you want to upload video clips to the Service via your mobile phone then you must first register a SkyCast Profile on the SkyCast Website. You must provide the genre in the heading of your MMS for each video clip which you submit to the Service via your mobile phone e.g. News, Sport etc.

3.5 If you want to download videos to your mobile you can do so via our WAP site or the Premium SMS Service. The charges for these download service will be outlined within those services prior to incurring costs.

 

4. Your use of the Service

4.1 Your right to view the Sky Content on the Service:

4.1.1 is for personal, private and non-commercial purposes; and

4.1.2 is on the terms set out in any license for the relevant Sky Content.

4.2 You must not or authorise or assist any third party to:

4.2.1 copy (except as permitted by law), redistribute or relay the whole or any part of the Sky Content or third party Content; or

4.2.2 sell or make any charge for watching or using any part of the Sky Content or third party Content; or

4.2.3 show any part of the Sky Content or third party Content in public to an audience, even if no charge is made; or

4.2.4 use the Sky Content or third party Content for any improper or unlawful purpose.

4.3 You agree that you will:

4.3.1 provide such proof of your identity or age as we consider reasonably necessary upon our request;

4.3.2 not use the Service or any Content for any improper, or unlawful purpose, nor allow any others to do the same or to use your username and/or password; and

4.3.3 follow our reasonable instructions concerning your use of the Service.

4.4 If you use your mobile phone to download or upload Content to the SkyCast Website then you must pay for this. The costs for using this part of the Service are set out on the SkyCast Website and are in addition to any charges which your mobile network provider will charge you. The charges will appear on your mobile phone bill and will show on your bill as ”Premium SMS Service”. We may use an agent to carry out payment processing on our behalf. If we use an agent we will share personal information about you with them in order for them to fulfill these services, but only to the extent needed for them to do this.

4.5 If you use your mobile phone to download Content to your mobile via our WAP site then you must pay for this. The costs for using this part of the Service are set out on the WAP site and are in addition to any charges which your mobile network provider will charge you. The charges will appear on your mobile phone bill and will show on your bill as ”Premium SMS Service”. We may use an agent to carry out payment processing on our behalf. If we use an agent we will share personal information about you with them in order for them to fulfill these services, but only to the extent needed for them to do this.

 

5. Liability

5.1 You are responsible for all of your actions and omissions in relation to your use of the Service.

5.2 As a Registered User, you are responsible for anybody that you allow to use your SkyCast Profile or the Service.

5.3 We will endeavour to provide the Service using all reasonable care. Except as required by law, we will not be responsible or liable for the fitness for a particular purpose of the Service or any part of it, or for any loss or damage caused by:

5.3.1 interruption or delay to the Service or any part of it caused by events outside our reasonable control;

5.3.2 any errors, viruses or bugs contained in the Service not directly caused by or attributed to Sky;

5.3.3 your negligent act or omission or your failure to follow our reasonable instructions;

5.3.4 us or our employees and/or agents in circumstances where:

(a) there is no breach of a contractual obligation or legal duty of care owed to you by us or our employees or agents;

(b) such loss is not a foreseeable result of any breach;

(c) such loss or damage results from any breach by you of these Terms of Use;

5.3.5 any incompatibility of the Service with any other software, hardware or material on your computer or mobile phone;

5.3.6 any Content; or

5.3.7 any other factor that is outside our reasonable control.

5.4 We do not accept any liability for any content provided by third parties (including Content) as part of the Service or for any product or service advertised, promoted, offered or sold by third parties for use on the Service or otherwise. While we will use reasonable efforts to ensure that the Sky Content and editorial information contained in the Service provided by us is as accurate as possible, we do not accept any liability and make no representations or warranties in relation to the accuracy or completeness of the information contained in the Service or any other Content whatsoever.

5.5 You will reimburse Sky and any third party who provides services to you as part of the Service for any losses, costs or damages incurred by Sky and/or any third party, on demand, arising out of:

5.5.1 your use of the Service, or anybody else that your allow to use the Service using your SkyCast Profile; and/or

5.5.2 your breach of these Terms of Use.

 

6. Copyright, Trade Marks and Intellectual Property

6.1 All copyright, trade marks, licenses and all other intellectual property rights in the SkyCast Website, Sky Content, Content (save as provided by you) and other material supplied by Sky, any of Sky’s content partners or other Users as part of the Service will remain ours or, where applicable, our content partners or Users. We hereby grant you a licence to use Sky Content, User Content and such other intellectual property as is reasonably required by you to utilise the services for your own personal use only and strictly in accordance with these Terms of Use and the SkyCast Usage Policy. We may prevent the copying of any part of the Service and you must not try in any circumstances to circumvent any digital rights management or any content protection policies.

6.2 Sky does not claim any legal or beneficial ownership rights in your Content. After submitting your Content to the Service, you still retain all legal and beneficial rights of ownership in that Content save as set out in Paragraphs 6.3 and 6.4 below.

6.3 By submitting your Content to the Service you are giving Sky and any other members of the British Sky Broadcasting Group and other Users a perpetual, royalty–free, non-exclusive, transferable, right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make available to the public, broadcast, transmit the Content by all forms of media now known or later invented throughout the world for the full term of copyright and all reversions, extensions or revisions of such copyright. You waive all moral rights in relation to your Content. You further acknowledge and agree that no royalties or fees are payable for use by Sky of the Content. If you do not wish to give Sky these rights then do not submit your Content to the Service.

6.4 By submitting your Content to the Service you acknowledge and agree that you are giving each User a non-exclusive licence to access your Content through the Service and to view, use, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Use. We cannot be held responsible for the use of your Content by another User.

6.5 By submitting your Content to the Service you warrant that:

6.5.1 the Content is your own original work;

6.5.2 you have the right and you have obtained all rights, permissions, licences and consents necessary to make your Content available to Sky, Sky’s content partners, any third party and other Users for all the purposes specified in Paragraphs 6.3 and 6.4 and these Terms of Use;

6.5.3 your Content or any part of it does not infringe the intellectual property rights (including copyright and trade marks) of any other person (for example, it does not contain any music, sound effects, footage, images (still or moving), artwork, fonts or material owned by anybody else);

6.5.4 your Content does not violate anyone’s right of privacy or publicity;

6.5.5 your Content complies with the SkyCast Usage Policy; and

6.5.6 your Content does not contain anything which is defamatory, libellous or offensive.

 

7. Promotions and Advertising

7.1 We and/or our business partners may present advertisements or promotional materials on or through the Service, including before, after or during the broadcast of Content or Sky Content. You will have no right to any payment or commercial gain of any kind from the broadcast of such advertisements or promotional material.

7.2 Your participation in any promotional event offered through the Service is subject to the terms and conditions associated with that event. Your dealings with, or participation in promotions by, any third party advertisers on or through the Service are solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any kind incurred by you as the result of any such dealings or as the result of the presence of such third parties on the Service or otherwise.

 

8. Links to Third Party sites

The Service may present links to third party websites not owned or operated by us. We are not responsible for the availability of these sites or their contents.

9. Moderation

9.1 We may moderate any Content that you submit to the Service but we shall not be obliged to do so. We may do this by preventing your Content from being published on the Service or by removing it after it has been published, as we determine in our absolute discretion. We may, in our absolute discretion, publish any Content on the Service or elsewhere once it has been submitted to the Service.

9.2 You may notify us of any Content which you believe is in breach of these Terms of Use and/or

the SkyCast Usage Policy by clicking on the Flag as Inappropriate icon on the SkyCast Website, or by emailing contactus@skycast.com. We may, in our absolute discretion, act on such notification but we are not obliged to do so.

 

10. Termination

10.1 You can cancel your SkyCast account at any time by emailing us at: contactus@skycast.com .

10.2 We may suspend or terminate your SkyCast account if you breach these Terms of Use. We may also do this, for example, to update the Service for technical reasons.

 

11. Privacy and Personal Information

11.1 By registering for the Service, you confirm that any member of the British Sky Broadcasting group may use and share information we hold about you with other companies in the group for market research and the marketing of Sky’s products and services. This may include sending you marketing by email or SMS about the Service or other similar products and services unless you advise us of your preference not to receive such forms of marketing.

11.2 Information held by the British Sky Broadcasting group about you may also be shared with other companies outside the group, including for sales and marketing purposes and for market research on products and services, unless you advise us of your preference not to share such information with such third party companies.

11.3 If you have not already told us that you do not want to receive marketing by email or SMS, or us to share information about you with companies outside the British Sky Broadcasting group, then please email SkyCast Customer Service at: contactus@skycast.com.

 

12. Changes to these Terms and Conditions

We may amend these Terms of Use and you will be notified of such amendments on the SkyCast Website. Your first use of the Service after you have been notified of the new terms will constitute acceptance of such changes. If we amend these Terms of Use and such change has a materially detrimental effect on you, we will give you one months’ written notice of such change.

 

13. Right to Transfer and Third Parties

13.1 We can transfer our rights and obligations under these Terms of Use to any company, firm or person. We can only do this if it does not affect your rights under these Terms of Use. You may not transfer your rights or obligations under these Terms of Use to anyone else.

13.2 This Contract is personal to you and no third party is entitled to benefit under it except pursuant to Paragraph 13.1.

 

14. Law

14.1 These Terms of Use are governed by English Law. If your address is in the UK, all disputes will be dealt with by the courts in England and Wales or any other UK court that could lawfully deal with the case. If your address is in the Republic of Ireland, all disputes will be dealt with by the courts in England and Wales or in the Republic of Ireland.

14.2 Company particulars are: British Sky Broadcasting Limited (Registration No. 2906991), Sky Interactive Limited (Registration No. 3554332, Sky-In-Home Service Limited (Registration No. 2067075) and Sky Subscribers Services Limited (Registration No. 2340150) are direct or indirect subsidiaries of British Sky Broadcasting Group plc (Registration No. 2247735). All of the companies mentioned in this paragraph are incorporated in England and Wales and share the same registration office at Grant Way, Isleworth, Middlesex TW7 5QD. Sky Broadband S.A. is a company registered in Luxembourg with registered no.B-118.641. Its registered office is 23 Avenue Monterey, L-2086 Luxembourg.

 

SKYCAST USAGE POLICY

The SkyCast Usage Policy will apply to you and those who you allow to use SkyCast.
If you have any queries about the SkyCast Usage Policy, you can contact us by emailing contactus@skycast.com.

 

1. You agree that you will not submit Content or any other material to the Service which:
1.1 is in breach or promotes the breach of any third party rights (including third party intellectual property rights);
1.2 is defamatory, offensive or libellous;
1.3 promotes racism, bigotry, hatred or harm of any kind against any group or individual or would subject any person to ridicule or cause other people to shun or avoid such an individual;
1.4 harasses or advocates the harassment of another person or persons;
1.5 promotes conduct that is abusive, threatening, obscene or distasteful;
1.6 has any fraudulent purpose or effect;
1.7 exploits people in a sexual, obscene or violent manner;
1.8 contains nudity, violence, or offensive subject matter or contains a link to an adult website;
1.9 solicits personal or identifying information from any person;
1.10 provides any telephone numbers, street addresses, last names, URLs, email addresses or other personal or contact information;
1.11 contains or promotes content that is false, misleading or deceptive;
1.12 involves the transmission of unsolicited bulk email or any other form of abusive electronic communication such as "junk mail," "chain letters," "mass mailing", "instant messaging", "spimming," or "spamming";
1.13 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
1.14 constitutes, furthers or promotes any criminal activity, enterprise or illegal act or provides instructional information about illegal activities including (but not limited to) making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
1.15 involves any commercial activity such as sales, contests, competitions, prize draws or lotteries, advertising, or marketing;
1.16 includes a photograph or image (still or moving) of another person that you have submitted without that person's consent;
1.17 contains sexually explicit or suggestive imagery (still or moving);
1.18 promotes, condones or glamorises hooliganism or bullying;
1.19 condones or glamorises alcohol and drug abuse;
1.20 may cause harm and offence to children or presents some risk or element of risk to the welfare of children;
1.21 promotes political parties, terrorism, vandalism or religious vilification;
1.22 promotes or denotes cruelty to animals;
1.23 invades the personal privacy of individuals; or
1.24 refers to any arrest of an individuals or any active court proceedings.

 

2. You agree that you will not be involved in any of the following prohibited activities on the Service or through your use of the Service:
2.1 a criminal or illegal activity, including (but not limited to) child abuse, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful electronic files or abusive electronic communications, hacking, the infringement of any third party rights (including intellectual property rights) or theft of trade secrets;
2.2 advertise to, or solicit any User to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Users. You may not use any information obtained from the Service in order to contact, advertise to, solicit, or sell to any User. In order to protect Users from such advertising or solicitation, Sky may restrict the number of messages which a Registered User may send to other Registered Users in any 24-hour period to a number which Sky deems appropriate in its sole discretion;
2.3 covering or obscuring the banner advertisements on your SkyCast Profile, or any SkyCast Website page via HTML/CSS or any other means;
2.4 any automated use of SkyCast, such as using scripts to send comments or messages;
2.5 interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service;
2.6 attempting to impersonate another person;
2.7 using a SkyCast Profile, username, or password of another Registered User or disclosing your password to any third party or permitting any third party to access your SkyCast Profile;
2.8 displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Service on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose, or sending private messages with a commercial purpose; or
2.9 using the Service in a manner that is inconsistent with any and all laws applicable to the Service.

 

3. If you wish to notify us of any User Generated Content which you believe is in breach of the SkyCast Usage Policy, click the Flag as Inappropriate icon on the SkyCast Website, or email us at contactus@skycast.com. We may, in our absolute discretion, act on such notification but shall not be obliged to do so.

 

4. If you have breached the SkyCast Usage Policy, or we reasonably suspect that you may have done so, then in addition to our right to terminate your use of the Service in accordance with Paragraph 10 in the Terms of Use, and we may also:
4.1 notify and/or pass on the details of the breach of the SkyCast Usage Policy to any relevant government, statutory, self-regulatory or law enforcement authority;
4.2 investigate the alleged breach of the SkyCast Usage Policy, which may include gathering information from you and/or the complaining party (if any) and the examination of any other data or material on the Sky network or our servers; or
4.3 remove (either temporarily or permanently), copy, store, monitor or otherwise deal with content, data and/or other material on the Sky network and/or our servers.

 

5. You expressly authorise Sky to use your personal data and other account information in connection with any investigation carried out by Sky in accordance with this SkyCast Usage Policy, including by disclosing it to any third party authority that Sky considers has a legitimate interest in any such investigation or its outcome.