Terms and conditions

FANZONE TERMS OF USE

These rules and the Fanzone Usage Policy apply to you when you use the Fanzone service (the "Service").

If you have not yet reached 18, you must obtain your parent or guardian's permission before submitting video clips or other content to the Service, and should in any event ensure that your parent or guardian has read the terms and conditions below and explained them to you. . .

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.

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.

If you send us anything or download anything from your mobile phone, then you will have to pay for it.

Using your personal info

If you submit any personal information while using the Service, we will be able to use to advertise to you in the future, unless you ask us not to. If you provide your e-mail address or mobile phone number, 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.

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.

THE REST OF THE LEGAL STUFF

By using the Service you agree to these Terms of Use 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 Fanzone Usage Policy will be read as references to Sky.

1. Definitions

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

"Fanzone Usage Policy" means the policy which governs your use of the Service set out below;

"Fanzone Website" means the website accessed at http://www.skysports.com/fanzone;

"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 Fanzone Usage Policy; and

"Users" means users of the Fanzone Website.

2. The Service

2.1We 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 2.1, 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.

3.3From 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.

3.4If you want to send content, including MMS Clips by e-mail,or via your mobile phone, then you must follow the instructions set out on the Fanzone Website.

4. Your use of the Service

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

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

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

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

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

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

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

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

4.3You agree that you will:

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

4.3.2not use the Service or any Content for any improper, or unlawful purpose; and

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

5. Liability

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

5.2We 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:

5.2.1interruption or delay to the Service or any part of it caused by events outside our reasonable control;

5.2.2any errors, viruses or bugs contained in the Service not directly caused by or attributed to Sky;

5.2.3your negligent act or omission or your failure to follow our reasonable instructions;

5.2.4us 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;

5.2.5any incompatibility of the Service with any other software, hardware or material on your computer or mobile phone;

5.2.6any Content; or

5.2.7any other factor that is outside our reasonable control.

5.3We 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.

5.4You 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:

5.4.1your use of the Service; and/or

5.4.2your 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 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 Fanzone 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.

6.2Sky 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.

6.3By submitting your Content to the Service you are giving Sky and any other members of the British Sky Broadcasting Group and all 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 any Content to the Service.

6.4By submitting 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.

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

6.5.1the Content is your own original work;

6.5.2you 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;

6.5.3your 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);

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

6.5.5your Content complies with the Fanzone Usage Policy; and

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

7. Promotions and Advertising

7.1We 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.

7.2Your 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

9.1We 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.

10.Privacy and Personal Information

10.1By using this 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.

10.2Information 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.

10.3If 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 at FanZone@skysports.com.

11. Changes to these Terms and Conditions

We may amend these Terms of Use and you will be notified of such amendments on the 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.

12. Right to Transfer and Third Parties

12.1We 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.

12.2This Contract is personal to you and no third party is entitled to benefit under it except pursuant to Paragraph 12.1.

13. Law

13.1These 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.

13.2Company 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.

FANZONE USAGE POLICY

The Fanzone Usage Policy will apply to you in relation to your use of the Service.

If you have any queries about the Fanzone Usage Policy, you can contact us by emailing us at FanZone@skysports.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 the Website by any means;

2.4.interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service;

2.5.attempting to impersonate another person;

2.6.displaying an advertisement on the Service or Website, 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

2.7.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 Content which you believe is in breach of the Fanzone Usage Policy, email us at FanZone@skysports.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 Fanzone 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, we may also:

4.1notify and/or pass on the details of the breach of the Fanzone Usage Policy to any relevant government, statutory, self-regulatory or law enforcement authority;

4.2investigate the alleged breach of the Fanzone 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

4.3remove (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 Fanzone 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.