Terms and conditions — Snapshot by Orange

Orange User Generated Content Terms & Conditions

These are the terms and conditions that apply to video, photos, text, audio and any other content (“Content”) you submit to Orange. Read these terms and conditions carefully – they contain important information about how you may use Orange services and how Orange may use your Content. They are in addition to (a) the separate sets of Rules that apply to each specific service or product on the site and (b) the other terms and conditions that apply when you are browsing the Orange site generally or viewing Content submitted by others.

1. Submitting your Content

1.1 You are entirely responsible for Content submitted by you. You agree and confirm that you will abide by the following in relation to any Content you submit:

a) Before you feature anyone else in your submission, you must have obtained their consent to film, photograph or record them and to submit the Content to Orange.

b) Everything you submit must be your own original work and not copied from anyone else’s. By submitting Content you agree and confirm that your submission does not infringe the copyright or any other rights of any third party. If you include anyone else's material in your submission, you must have obtained their permission to do so. If you don't, you will be infringing the copyright in the material. This includes material downloaded or copied from a website. Musical compositions (such as lyrics, composition and arrangement) must be your own work or cleared by the appropriate rights holder.

c) Do not include anything that is illegal, pornographic, obscene, indecent, harassing, threatening or offensive – no nudity, sexual activity or foul language.

d) Do not mention any court cases or arrests – this could constitute contempt of court.

e) Do not include anything about any living person or business that is defamatory (libelous or slanderous).

f) Do not include anything that is racist, abusive, malicious or derogatory (toward an individual or business entity).

g) Do not either submit anything confidential, or covertly film, photograph or record anyone or infringe anyone's right to privacy.

h) Nothing in your Content should promote, show or encourage cruelty, bullying, violence, vandalism, fraudulent or criminal acts.

i) Do not include images or descriptions of anything that could cause physical harm to anyone if replicated.

j) Do not include personal contact details (including where you work or live) or anyone else's personal contact details in your Content. Orange may ask you to provide contact details when you submit certain sorts of Content in case we need to contact you but, except as described in Section 5, these details will not be made public.

k) Content must not feature predominantly or solely a trade mark or logo.

l) Nothing in the Content must be offensive or derogatory to any person or group based on their race, ethnicity, skin colour, sexual orientation, gender, or religion.

m) Content must not be submitted for advertising, promotional, lobbying or other commercial purposes.

n) No Content should feature celebrities or public figures unless either the photo/video was taken in a public place when they were carrying out a public function or you have their permission or if you are the celebrity or public figure in the Content.

o) Content must not bring Orange into disrepute.

p) You must have obtained (and continue to hold) all consents and licences necessary for you to submit Content and for it to be used on Orange.

q) If any under 16s are shown in the Content, you must either be their parent or guardian or have obtained the written consent of their parent or guardian to the Content being submitted (and you must be able to send Orange a copy if requested).

r) Content must not contain viruses, ‘trojans’ or other harmful elements.

s) Participation in any activity shown in any Content is at your own risk.

t) You may be held legally liable for your submission if you are in breach of the items listed above.

1.2 You agree that Orange may suspend or terminate any account you may have with Orange, at any time and without prior notice, if Orange believes that you have violated or acted inconsistently with the letter or spirit of these terms and conditions.

1.3 Your Content is made at your own expense and Orange shall not be liable to reimburse you for any expenses incurred in making a submission. Orange accepts no responsibility for loss or damage to any Content during the upload process.

1.4 Orange or its third party contractors may review the Content you submit to it but does not undertake to do so. If reviewed, Orange may accept or reject your Content for any reason in its absolute discretion. Whether or not it is reviewed or accepted or rejected, Orange shall have no obligation to keep or return any Content.

1.5 If your Content contains what appears to be illegal conduct, Orange may notify law enforcement authorities.

1.6 If Orange receives any complaint about any of your Content, it reserves the right to remove that Content or any part of it, whether or not the complaint is justified, and Orange shall have no liability to you if it does so.

2. Rights to use your Content

2.1 You retain ownership in your Content.

2.2 You irrevocably and unconditionally grant to Orange (and those authorised by it) all necessary rights and consents for the full period of copyright to use any Content you submit for any purposes, and this shall include without limitation the ability for Orange to copy, adapt, digitize, encode, publish and transmit the Content across its mobile network and broadband network and on web and wap sites owned or controlled by it (or by any third party technical provider) and otherwise to use and exploit the Content in any way in any media and in any part of the world. Such right to use is royalty-free and no payment is, or shall be, due to you.

2.3 You grant to Orange the non-exclusive right to syndicate your Content to third party websites or services.

2.4 You permit Orange and its third party agents to edit or change the Content in any way that they deem necessary in their sole discretion.

2.5 You irrevocably and unconditionally waive any so-called "moral rights" or “performers’ rights” in the Content (as set out in the Copyright, Designs and Patents Act 1988 or otherwise) that you now have or may acquire in relation to the Content.

2.6 Any material created by or on behalf of Orange utilizing your Content or any part of it is, and shall remain, the property of Orange, but for clarity you retain ownership of your Content.

3. Limitation of Liability and Indemnity

3.1 Orange does not endorse any Content or any opinion, recommendation or advice contained therein and Orange disclaims any liability in connection with Content.

3.2 Orange accepts no liability for any misuse of intellectual property rights.

3.3 You agree that under no circumstances will Orange or its third party contractors be responsible or liable to you or any other person or entity for any direct, indirect, incidental, consequential or other damages (including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses) arising out of or relating in any way to any Content you submit to Orange, or any use or inability to use the Orange service, unauthorised access to or alteration of your Content, or any materials available on or through the site, even if any of these parties have been advised of the possibility of any damages.

3.4 Nothing in these terms and conditions affects the statutory rights of any Orange user under applicable laws or excludes or limits Orange’s or any third party contractor’s liability for death or personal injury arising from their negligence or fraud, or for any other liability which cannot be excluded or limited under applicable law.

3.5 The Orange website is made available in the UK. Should you access the site from a jurisdiction other than the UK, Orange makes no representations that the site or its contents are appropriate or legal.

3.6 If you breach any of these terms and conditions and, as a result, someone else makes a claim against Orange, you will indemnify Orange against any costs, expenses or damages which Orange may incur in dealing with that claim.

4. Your Password

Where a service requires the use of a password, you must not under any circumstances allow any other person to access Orange using your password. In the event that your password is learned by another person you must immediately reset it. You are responsible for all actions (including misuse or breach of these terms and conditions) that take place as a result of use of the Orange service by means of your password. In the event of a breach of these terms and conditions by anyone whom you allow to use your password the breach will be treated as a breach by you.

5. Publicity

Where you submit Content as part of a competition, you grant Orange the right to issue publicity concerning your Content and to use for such purposes your name and other details provided during registration or submission, but we will not publish your contact details. If your Content is selected to win any stage of any competition, then you agree to participate in publicity as reasonably requested.

6. Intellectual Property Rights related to Orange and User Generated Content

The names, images and logos identifying Orange or third parties and their products and services that appear on the site are proprietary marks of Orange, its associated companies and/or third parties. All copyright, trade marks and other intellectual property rights (including the design, arrangement and look and feel of the site) and all material supplied (apart from your and other users’ Content) shall remain at all times the property of Orange or its licensors.

7. To Make a Complaint

If you believe any Content has infringed or violated your rights, including by defaming you or infringing your copyright, please refer to our guidelines on how to report abuse (link http://www.orange.co.uk/communicate/safety/abuse).

Orange shall endeavour to remove promptly any Content reported to it, where it agrees, based on its sole judgement, that such Content is in breach of these terms and conditions.

8. General

8.1 These terms and conditions shall be governed by English Law. Both you and Orange hereby submit to the exclusive jurisdiction of the English courts.

8.2 Orange reserves the right to review and revise these terms and conditions from time to time by posting them here. By using/accessing Orange services subsequent to any revision of these terms and conditions, you agree to be bound by such changes. You should periodically check the terms for changes.

8.3 References to Orange in these terms and conditions are to Orange Personal Communications Services Limited, St James Court, Great Park Road, Almondsbury Park, Bradley Stoke, Bristol BS32 4QJ for mobile and WAP services and Orange Home UK plc, Verulam Point, Station Way, St.Albans AL1 5HE for other website services.

By submitting your Content to Orange you agree to these terms and conditions and the Rules for the specific service or product you are using. If you do not agree please do not submit Content to Orange. You also agree to be bound by Orange’s terms and conditions for the use of the following:

Orange Home Services Terms and Conditions http://www.orange.co.uk/terms/5506.htm

Browsing Terms and Conditions http://www1.orange.co.uk/siteusage/

Terms and Conditions for the Supply of and Downloading from Orange Mobile Network Services http://www1.orange.co.uk/mobileterms

In the event of any conflict between any of those terms and these ones, these Orange User Generated Content Terms and Conditions shall take precedence.