What these term and conditions apply to
These terms and conditions, together with the documents referred to within them, set out the terms on which you may use our websites and other services provided by us, including without limitation:
- the websites located at www.channel5.com, www.my5.tv, www.milkshake.com, www.5Production.com and www.channel5creative.com, bigbrother.channel5.com, gadgetshow.channel5.com and all of their sub-domains; and
- all Channel 5 services, products, websites or applications that provide you with access to Content, including without limitation the My5 service,
(together, the “Channel 5 Services”). These terms will apply whether you have accessed the Channel 5 Services via a computer, handheld electronic device, mobile phone, internet-enabled television or any other device and apply to all Channel 5 Services made available through third-party services, such as social media sites.
For the purposes of these terms, “Content” means any audio, video, text, graphics, interfaces, images, trade marks, logos or other content made available to you by Channel 5.
Your use of the Channel 5 Services is conditional upon your acceptance of these terms and conditions and by using such services you signify your consent to be bound by these terms and conditions. If you do not agree with any part of the following terms and conditions you must not use the Channel 5 Services.
Some areas of the site may offer or require registration (detailed further below). By completing the initial registration form and by entering your details, you will be deemed to have accepted these terms and conditions. Also, by subscribing to any of our email services, you are deemed to have accepted these terms and conditions.
Who we are
The Channel 5 Services are made available to you by Channel 5 Broadcasting Limited (“Channel 5”, “us”, “our”, or “we”) (company number 3147640) whose registered office is at c/o Field Fisher Waterhouse LLP, Riverbank House, 2 Swan Lane, London EC4R 3TT.
Channel 5 is part of Viacom International Media Networks, a division of Viacom Inc.
Other terms and policies you should be aware of
Some of the Channel 5 Services, including any competitions we may run from time to time, may be subject to additional terms, which will be indicated to you when you access them. A copy of our general competition terms and conditions is available here, although please note that some competitions may have their own specific terms.
If you access the Channel 5 Services via a third party website, application or other service, that third party may require you to agree to its own terms and conditions, in addition to the applicable Channel 5 Terms.
Some of the Channel 5 Services may give you the option to register in order to receive additional benefits, such as enhanced functionality and exclusive content. These additional benefits are made available at Channel 5’s discretion, may not apply to all Channel 5 Services and may be withdrawn at any time without notice to you.
Registration is permitted on the basis that:
- you are 13 years of age or older. By registering with any Channel 5 Service, you confirm that you are 13 years of age or older, and that you understand and agree to the applicable Terms.
- your email address and password are personal to you and must not be disclosed or used by anyone else to access the Channel 5 Services;
- you must not do anything which would assist anyone who is not a registered user to gain access to any registration area of the Channel 5 Services;
- you must not create additional registration accounts for the purpose of abusing the functionality of the Channel 5 Services, or other users, nor seek to pass yourself off as another person; and
- all information you submit when registering is true and accurate.
It is your responsibility to maintain the confidentiality of your password and you are responsible for all activity that occurs under your user name and password. We will not be liable where your password is used by someone else. We reserve the right to cancel your account and to ban you from registering a new account if the security of your account is compromised in any way and for any reason.
If, for any reason, we believe that you have not complied with any of the Terms, we may, at our discretion, cancel your access to the registration areas of the Channel 5 Services immediately and without giving you any advance notice or reason.
Children and parental controls
Some of the Content available on My5 may have been first broadcast on our channels after the 9pm watershed and/or may contain language, violent or sexual scenes, nudity, adult themes or other content that isn’t suitable for younger audiences. We will indicate this Content with a “G” (guidance) rating to help you to make an informed choice about whether such Content is appropriate to view, but you are solely responsible for this decision. You will be required to confirm you are aged 16 or over and acknowledge that you understand these terms before proceeding to view any G-rated Content.
You are able to restrict access to G-rated Content by using our PIN access control facility. This facility is made available at our discretion and we do not guarantee that it will always be available or that it will be available on all third party platforms providing access to our catch-up or on demand programming. Information on how the PIN access control facility works is available here for Demand 5 and My5 .
You are advised not to reveal any personal information about yourself or anyone else (for example: telephone number, e-mail address or home address) while using the Channel 5 Services. You are responsible for maintaining the confidentiality of your details when using the Channel 5 Services.
Content protection and geo-blocking
We use a variety of security measures to protect the Content made available via the Channel 5 Services. In addition, some of the Channel 5 Services, including My5, may only be available within the UK and employ “geo-blocking” measures to prevent access to those services from outside of the UK.
You agree that you will not attempt to, or assist any other person to, remove, circumvent or otherwise alter or interfere with such security technology and authorise the disclosure by Channel 5 to third parties of any information Channel 5 considers appropriate for the purpose of detecting and taking action against copyright infringements including any information concerning the use by you of Channel 5 Services.
How you may use the Channel 5 Services
We hope you enjoy the Channel 5 Services and Content. However, they are made available for your own personal, non-commercial and lawful use only.
You may link to our home page at www.channel5.com, provided you do so for non-commercial purposes and in a way that is fair and legal and does not damage or take advantage of our reputation. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our home page in any website that is not owned by you. Our websites must not be framed on any other site, and you must not link or “deep-link” to any page beyond our home page without our express written permission. We reserve the right to withdraw linking permission without notice.
You must not:
- use the Channel 5 Services in any way that may affect other users’ enjoyment of those services or that may infringe the intellectual property, privacy or other rights of any other person or in any other unlawful manner, or encourage or enable anyone else to do the same;
- do anything that may damage or impair the Channel 5 Services or our servers, systems or equipment or those of third parties, including through the use of malicious code or viruses;
- use the Channel 5 Services in any way that suggests you have a commercial relationship with us or that we have endorsed any statement made by you or any product or service made available by you;
- disable or attempt to disable any advertising on or in the Channel 5 Services; or
- copy, reproduce, transfer, sublicense, lend, hire, publicly perform, broadcast, reverse engineer or otherwise distribute, exploit, or link to the Channel 5 Services or Content except as expressly authorised by us in writing.
User Content and user conduct
For the purposes of these terms and conditions, “User Content” means material including, without limitation, text, video, photographs, graphics, audio, comments and competition entries whether published on the Channel 5 Services or not and whether the intellectual property of Channel 5 or a third party.
Users of this site may submit User Content only where the Channel 5 Services provide for this. We do not endorse, and accept no liability in respect of, any User Content submitted by users and published by us and we are not responsible for its content and accuracy. Publication of any User Content you submit to us will be at our sole discretion. We do not guarantee any confidentiality with respect to such User Content whether published or not and we reserve the right to remove User Content without prior notice to you.
By submitting any User Content you confirm that it is your own original work and that you own the copyright and any other relevant rights in that User Content. You also confirm that it does not infringe any individual’s intellectual property rights or right to privacy and is not harmful, offensive, defamatory, obscene, harassing, threatening, hateful or otherwise degrading or intimidating of any individual or group of individuals on the basis of religion, gender, race, sexual orientation, ethnicity, age, or disability, or otherwise illegal. You must obtain, before submission, the permission of all of the people featured or referred to in the User Content (and, if they are under 16, their parents or guardians as well) for our use of the User Content. You must not endanger yourself or others, or take any unnecessary risks in order to produce or make any User Content.
You must not post User Content which is deliberately intended to upset other users or contrary to our Community Guidelines or contrary to applicable local, national, and international laws and regulations. You must not send materials that contain viruses, worms, or any other destructive elements. Insults, threats, defamatory comment, dissemination of confidential material, pyramid or other soliciting schemes, or actions meant to disrupt or abuse other users are prohibited.
By submitting any User Content you grant us a non-exclusive, perpetual, royalty-free, worldwide, transferable licence to use, edit, reproduce, record, modify, translate, distribute, play, perform, make available, prepare derivative works of and to display any User Content you submit to us in any format, including without limitation print and electronic format and you agree to waive your moral rights in the User Content. We reserve the right to make additions or deletions to the User Content prior to publication.
You acknowledge that any breach by you of the terms relating to User Content may cause us damage or loss and you agree to indemnify us in full and permanently against any third party liabilities, claims, costs, loss or damage we incur as a result of publishing User Content you submit to us, including consequential losses.
Educational Recording Authority
If Content is accessed by an authorised person for or on behalf of an educational establishment for the non-commercial educational purposes of that educational establishment then, provided that the educational establishment holds a current licence with the Educational Recording Agency (ERA) and complies with these terms and conditions, the non-commercial access to Channel 5’s Content permitted by these terms and conditions will also apply to non-commercial educational use within the scope of the ERA licence held by that educational establishment.
Third party services
You may be able to access non-Channel 5 sites or services via links or URL re-directions from the Channel 5 Services. These third party sites and services are not under our control and we are not responsible in any way for any of their contents. You agree that we will not be party to any transaction or contract with any third party that you may enter into and we will not be liable to you for any loss or damage which you may suffer by using those third party websites and services. You agree that you will not involve us in any dispute you may have with any such third party website or service.
Limitations and disclaimers
Channel 5 provides the Channel 5 Services and their contents on an ‘as is’ and ‘as available’ basis and, to the maximum extent permitted by law, excludes all representations or warranties of any kind including, without limitation, warranties implied by statue. In addition, Channel 5 does not represent or warrant that the information accessible via the Channel 5 Services is accurate, complete or current.
Channel 5 gives no guarantee that the Channel 5 Services will be available uninterrupted, in a fully operating condition, or free from viruses or other harmful components. Some features and functionality of the Channel 5 Services may not be available on all devices or via all delivery methods or platforms. Channel 5 shall be entitled to discontinue, suspend or vary the Channel 5 Services or any part of them at any time without notice and without liability to you or any third party.
The Channel 5 Services are provided for domestic and private use only. You agree not to use them for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity related to your use of the same.
To the greatest extent permitted by law, Channel 5 will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- your use of, or inability to use, the Channel 5 Services;
- your use of the Channel 5 Services in breach of the Terms;
- your use of, or reliance on, any content on the Channel 5 Services; or
- any computer virus or viruses which may infect your computer equipment as a result of your access to or use of this site or your downloading of any materials, data, text, images, video or audio from this site.
In no circumstances will Channel 5 be liable to you for any indirect losses, including loss of data, you may suffer as a result of your use of the Channel 5 Services.
Nothing in these terms and conditions restricts your statutory rights as a consumer or excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
Intellectual property notices
The Channel 5 Services and all Content, trade marks, logos and other materials on those services are the intellectual property of Channel 5 Broadcasting Limited or its affiliates or licensors and may not be reproduced or otherwise used without our (or their) express written permission.You agree and acknowledge that you shall not acquire any rights of ownership by downloading, streaming or otherwise accessing any Content.
For a full list of Channel 5’s trademarks please go to: http://www.ipo.gov.uk/types/tm/t-os/t-find.htm and http://oami.europa.eu/ows/rw/pages/QPLUS/databases/searchCTM.en.do.
Any questions about these terms and conditions or reports of anyone abusing the Channel 5 Services or otherwise not complying with these terms and conditions should be addressed to firstname.lastname@example.org .
If you become aware of any misuse of the Channel 5 Services or wish to complain about any User Content or material on the Channel 5 Services or believe any of your rights have been infringed, you can contact us at email@example.com. We will need to know the following:
- nature of your complaint and location within the Channel 5 Services of the particular content or user (i.e. the relevant webpage);
- for copyright disputes, identification of the copyrighted work you claim has been infringed and identification of the User Content that you claim is infringing the copyright work – usually the URL of the User Content;
- a statement that you have a good-faith belief the disputed use is not authorised by the copyright owner, its agent, or the law and that you are the owner of the copyright interest involved or are authorised to act on behalf of the owner; and
- your name, address, telephone number and email address and such other information as we may reasonably request.
You may not assign, sub-license or otherwise transfer any or your rights or obligations set out in these Terms to any other person. If any provision of these terms and conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable such invalidity shall not affect the other provisions of these terms and conditions which shall remain in full force and effect. Any words following the terms “including”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, phrase or term preceding those terms. The Terms are not enforceable by any person who is not a party to them. If we decide not to exercise or enforce a right that we have against you, this does not prevent us from doing so at a later date. The Terms are governed by English law and the parties irrevocably agree to submit to the exclusive jurisdiction of the English courts in relation to any dispute arising from them.
These terms were last updated on 11th February 2016 and may be varied from time to time. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use the Channel 5 Services after it has been posted.