Looking for the legal stuff? Here are the terms and conditions of how Virgin Media Pioneers works.
If you have any questions, or there’s anything you’re not sure about, don’t be afraid to drop us a line. Email erica@virginmediapioneers.com.
User Agreement
1.1 Your use of the Services is subject to the terms of a legal agreement between you and Virgin Media Limited, a company incorporated under the laws of England and Wales (company number 2591237) whose registered office is at 1st Floor 90 Long Acre Covent Garden London WC2E 9RL.
1.2 These Terms form a legally binding agreement between you and us in relation to your use of the Services. It is important that you take the time to read them carefully. Please also read the definitions at the end of this agreement.
1.3 The Terms apply to all users of the Virgin Media Pioneers Website, including users who are also contributors of video content, information, and other materials or services to the Virgin Media Pioneers Website.
2. Accepting the Terms
2.1 In order to use the Services, you must firstly agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by simply using the Services. You understand and agree that we will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you are not 18 years old or over, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Services under the laws of the country in which you are resident or from which you access or use the Services.
2.4 You should print off or save a copy of the Terms for your records.
3. Changes to the Terms
3.1 We may make changes to the Terms from time to time. When these changes are made, we will make a new copy of the Terms available at (http://www.virginmediapioneers.com/user-agreement).
3.2 You understand and agree that if you use the Services after the date on which the Terms have changed, we will treat your use as acceptance of the updated Terms.
3.3 We may email you with changes to the Terms but we advise you to check the Terms regularly for any changes.
4. Virgin Media Pioneers Website Accounts
4.1 In order to access some features of the Virgin Media Pioneers Website or other Services, you will have to create a Virgin Media Pioneers Website account. When creating your account, you must (a) provide the Registration Data and (b) maintain and promptly update the Registration Data to keep it accurate. If you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we have the right to suspend or terminate your account and refuse any and all current or future use of the Virgin Media Pioneers Website and/or Services (or any portion thereof).
4.2 In addition to any other Registration Data, to register on the Virgin Media Pioneers Website you will be required to choose a password. You are solely responsible for maintaining the confidentiality of any password you may use to access the Services and agree not to transfer your user name or password, or lend or otherwise transfer your use of or access to the Services, to any third party.
4.3 You agree that you will be solely responsible (to us and to other users) for all activity that occurs under your Virgin Media Pioneers Website account. You agree to immediately notify us of any unauthorised use of your user name or password or any other breach of security related to your account or the Services, and to ensure that you “log off”/exit from your account (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
4.4 You agree that Virgin Media Pioneers Website user names may be refused, changed, removed or replaced by us for reasons including, but not limited to, using a user name to impersonate another person, if a user name is offensive or violates third party intellectual property.
4.5 When you register for a Virgin Media Pioneers Website account, a profile page will automatically be created for you and certain Registration Data will automatically be pre-populated in your profile page, including user name, profile image, the date you registered as a Virgin Media Pioneers Website user and your gender. You may choose to add information (such as interests, personal description and location) to or delete certain information from your profile page, but your user name and the date you registered as a Virgin Media Pioneers Website user are required information for your profile page. Your profile page will also automatically display activity and any materials you have uploaded or otherwise submitted via the Services and marked “Public”. Please note that your profile page (including any comments that may have been left for you) may be viewed by other users, so you should not include any information in your profile page that you do not want others to see.
4.6 Accounts may be archived, or materials may be purged at such time intervals as we or our third party service provider(s) determine in our sole discretion. Some materials may not be stored, served or processed due to space constraints, serving/bandwidth limitations or disruptions in the system(s). You agree that we are not responsible or liable for the deletion or failure to store, serve or process any materials or other information.
5. General restrictions on use
5.1 We hereby grant you permission to access and use the Virgin Media Pioneers Website and the Services, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:
5.1.1. you agree not to distribute any part of or parts of the Virgin Media Pioneers Website, including but not limited to any User Submissions, in any medium without our prior written authorisation;
5.1.2. you agree not to alter or modify any part of the Virgin Media Pioneers Website or any of the Services (including but not limited to the Virgin Media Pioneers Player and its related technologies);
5.1.3. you agree not to access User Submissions or other content made available on the Virgin Media Pioneers Website (including Virgin Media Pioneers Content) through any technology or means other than the video playback pages of the Virgin Media Pioneers Website itself, the Virgin Media Pioneers Player, or such other means as we may explicitly designate for this purpose;
5.1.4. you agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Virgin Media Pioneers Website or features that (i) prevent or restrict use or copying of any User Submissions or Virgin Media Pioneers Content or (ii) enforce limitations on use of the Virgin Media Pioneers Website or the content accessible on the Virgin Media Pioneers Website;
5.1.5. you agree not to use the Virgin Media Pioneers Website or any Services (including the Virgin Media Pioneers Player) for any commercial use, without our prior written authorisation. Prohibited commercial uses shall include, without limitation:
(i) the resale of access to the Virgin Media Pioneers Website or any of the Services (such as the Virgin Media Pioneers Player) on another website for the primary purpose of gaining advertising or subscription revenue; and
(ii) the redistribution of the Services (including any User Submissions accessible through such Services) for the primary purpose of generating revenue from a substantially similar or comparable business enterprise to that carried on by us, but shall not include (i) uploading an original video to the Virgin Media Pioneers Website, (ii) maintaining an original channel on the Virgin Media Pioneers Website in order to promote a business or artistic enterprise, and (iii) any use that is expressly authorised by us in writing;
5.1.6. if you use the Virgin Media Pioneers Player on your website, you must include a prominent link back to the Virgin Media Pioneers Website on the pages containing the Virgin Media Pioneers Player and you may not modify the Virgin Media Pioneers Player in any way;
5.1.7. you agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Virgin Media Pioneers Website in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser;
5.1.8. you agree not to collect or harvest any personal data of any user of the Virgin Media Pioneers Website or any Service (and agree that this shall be deemed to include Virgin Media Pioneers Website account names);
5.1.9. you agree not to use the Virgin Media Pioneers Website and the Services (including the comments and email features in the Virgin Media Pioneers Website) for the solicitation of business in the course of trade or in connection with a commercial enterprise;
5.1.10. you agree not to solicit, for commercial purposes, any users of the Virgin Media Pioneers Website with respect to their User Submissions; and
5.1.11 you agree not to access User Videos for any reason other than your personal, non-commercial use solely as intended through and permitted by the normal functionality of the Services, and solely for Streaming.
5.2 You agree that you will comply with all of the other provisions of the Terms at all times during your use of the Services.
5.3 We grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases.
5.4 We are constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which we provide may change from time to time without prior notice to you.
5.5 As part of this continuing innovation, you acknowledge and agree that we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at our sole discretion, without prior notice to you.
5.6 You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which we may suffer) of any such breach.
5.7 As set out in paragraph 2.3 above, you must be an individual of 18 years of age or older to register or use the Services. If you are not yet 18 years old, do not use the Services. By accessing, subscribing, downloading, viewing and/or otherwise accessing the Virgin Media Pioneers Website, you certify that you are at least eighteen (18) years of age.
6. Copyright policy
6.1 We operate a copyright policy in relation to any User Submissions which are alleged to infringe the copyright of a third party. Full details of this policy can be found below in paragraph 8.
6.2 As part of our copyright policy, we may terminate user access to the Virgin Media Pioneers Website if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice. Should the infringement be so severe and even if it takes place once and is not repeated, in our sole discretion, we reserve the right to terminate that user access to the Virgin Media Pioneers Website immediately with no notice.
7. Your User Submissions
7.1 As a Virgin Media Pioneers Website account holder you may submit User Submissions. You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions.
7.2 You retain all of your ownership rights in your User Submissions, but you are required to grant limited licence rights to us and other Virgin Media Pioneers Website users. These are described in paragraph 10 of these Terms (Rights you licence).
7.3 You understand and agree that you are solely responsible for your own User Submissions and the consequences of posting or publishing them. We do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions.
7.4 You represent and warrant that you have (and will continue to have during your use of the Services) all necessary licences, rights, consents, and permissions which are required to enable us to use your User Submissions for the purposes of the provision of the Services by us and otherwise to use your User Submissions in the manner contemplated by the Virgin Media Pioneers Website and these Terms.
8. Content of your User Submissions
8.1 You represent, warrant and agree that your conduct on the site will comply with (and you agree that the content of all of your User Submissions shall comply with) the Virgin Media Pioneers Community Guidelines, found at (http://www.virginmediapioneers.com/community-guidelines), as updated from time to time.
8.2 You represent, warrant and agree that you will only use the virgin Media Pioneer Website for lawful purposes and will not breach any applicable local, national or international law or regulation.
8.3 You represent, warrant and agree that you will not post or upload any User Submissions which:
8.3.1 contain content which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for us to use or possess in connection with the provision of the Services;
8.3.2 infringe the copyright, moral right, performing rights, rights of privacy, database rights, trade mark or other proprietary right of any third party, unless you have a formal licence or permission from the rightful owner to post the material in question and to grant us the licence referred to in paragraph 9.1 below;
8.3.3 are defamatory, abusive, offensive, hateful or inflammatory;
8.3.4 breach any law or encourage the commission of an illegal act;
8.3.5 constitute a misuse of any confidential information of a third party;
8.3.6 contain software viruses or any other computer code, files or programs designed to affect the functionality of any computer software or hardware or telecommunications equipment;
8.3.7 promote sexual explicit material, violence, any illegal activity and/or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
8.3.8 is likely to deceive any person;
8.3.9 is threatening, abusive or invades another’s privacy or causes annoyance, inconvenience or needless anxiety and/or is likely to harass, upset, embarrass, alarm or annoy any other person;
8.3.10 may be used to impersonate any person, or to misrepresent your identify or affiliation with any person;
8.3.11 gives the impression that they emanate from the Virgin Media Pioneer Website, if this is not the case; and/or
8.3.12 advocates, promotes or assists any unlawful act such as (including but not limited to) copyright infringement or computer misuse.
8.4 In respect of images and/or audio-visual content, you represent, warrant and agree that you will not post or upload any User Submissions (i) where there is an individual depicted in the User Submissions unless that individual has consented to the User Submissions being posted on the Virgin Media Pioneers Website (or, in the case of any individual under the age of 18, the parent/guardian of such individual); (ii) that has been modified or altered in any manner so as to distort or misrepresent any individual or thing depicted in the User Submissions; (iii) that contains any personal information such as a name, phone number or e-mail address without permission; and (iv) whereby you can impersonate any person or entity.
8.5 We reserve the right (but shall have no obligation) to suspend or delete without notice any User Submissions which: (a) it believes in its sole discretion to be detrimental to the enjoyment of any Virgin Media Pioneers Website users; (b) breaches these Terms or (c) is the subject of a validly served copyright infringement notice. Further we reserve the right (but shall have no obligation) to terminate a User’s access for uploading any User Submission which is in violation of these Terms at any time, without prior notice and at its sole discretion.
8.6 You further understand and acknowledge that in using the Virgin Media Pioneers Website and the Services, you may be exposed to User Submissions that are factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect to any such User Submissions.
9. Rights you licence
9.1 When you upload or post a User Submission to us, you grant:
9.1.1. to us, a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that User Submission in connection with the provision of the Services and otherwise in connection with the provision of the Virgin Media Pioneers Website and our business, including without limitation for promoting and redistributing part or all of the Virgin Media Pioneers Website (and derivative works thereof) in any media formats and through any media channels;
9.1.2. to each user of the Virgin Media Pioneers Website, a worldwide, non-exclusive, royalty-free, licence to access your User Submissions through the Virgin Media Pioneers Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions to the extent permitted by the functionality of the Virgin Media Pioneers Website and under these Terms.
9.2 The above licences granted by you in User Videos terminate when you remove or delete your User Videos from the Virgin Media Pioneers Website. The above licences granted by you in User Comments are perpetual and irrevocable, but are otherwise without prejudice to your ownerships rights, which are retained by you as set out in paragraph 7.2 above.
10 Content on the Virgin Media Pioneers Website
10.1 The Virgin Media Pioneers Content is either owned by or licensed to us and is subject to copyright, trade mark rights, and other intellectual property rights of ours or our licensors. Any third party brand names, product names and/or service names and/or marks present on the Virgin Media Pioneers Content are brand names, product names and/or service names and/or marks of their respective owners. Any use of any such brand names, product names and/or service names and/or marks without the prior written consent of the relevant rights holder may constitute an infringement of that rights holder’s rights and we give no permission for the use of any such item in any way whatsoever.
10.2 Virgin Media Pioneers Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without our prior written consent or our licensors. We reserve all rights not expressly granted in and to the Virgin Media Pioneers Content.
11. Links from the Virgin Media Pioneers Website
11.1 The Services may include hyperlinks to other web sites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites.
11.2 You acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and do not endorse any advertising, products or other materials on or available from such web sites or resources.
11.3 You acknowledge and agree that we are not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
11.4 We encourage you to be aware when you leave the Virgin Media Pioneers Website and to read the terms and conditions and privacy policy of each other website that you visit.
11.5 Should you wish to enter into any contract or arrangement (whether formal or informal) with any advertiser on the Virgin Media Pioneers Website, any such contract or arrangement shall be between you and the relevant advertiser and we shall not be a party to any such contract or arrangement nor become involved in any such contract or arrangement for any reason whatsoever. The terms and conditions (including, without limitation, those relating to payment, delivery, quality and/or any representations or warranties) of any such contract or arrangement are a matter for you and the relevant advertiser to agree and we accept no responsibility in relation thereto.
12. Ending your relationship with us
12.1 The Terms will continue to apply until terminated by either you or us as set out below.
12.2 If you want to terminate your legal agreement with us, you may do so by (a) notifying us at any time and (b) closing your Virgin Media Pioneers account. Your notice should be sent via email to erica@virginmediapioneers.com or in writing, to our address which is set out at the beginning of these Terms. Should you choose to terminate, your User Submissions may remain on the Virgin Media Pioneers Website unless you or we delete such User Submissions and you grant us a permission to publish such User Submissions on the Virgin Media Pioneers Website unless you inform us otherwise.
12.3 We may at any time, terminate our legal agreement with you and provision of the Services if:
12.3.1. you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
12.3.2. we are required to do so by law (for example, without limitation, where the provision of the Services to you is, or becomes, unlawful); or
12.3.3. we are no longer providing the Services to users in the country in which you are resident or from which you use the Services; or
12.3.4. the provision of the Services to you by us is, in our sole opinion, no longer commercially viable.
12.4 We may terminate your account and/or delete any User Submissions (including but not limited to your profile) that you have posted on the Virgin Media Pioneers Website and/or prohibit you from using or accessing the Virgin Media Pioneers Website (or any part of the same) for any reason, at its sole discretion, with or without notice.
12.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and us have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 15.6 shall continue to apply to such rights, obligations and liabilities indefinitely.
13. Exclusion of Warranties
13.1 Nothing in the Terms shall affect any statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
13.2 The Services are provided “as is” and we make no warranty or representation to you with respect to them.
13.3 In particular we do not represent or warrant to you that:
13.3.1. your use of the Services will meet your requirements,
13.3.2. your use of the Services will be uninterrupted, timely, secure or free from error,
13.3.3. any information obtained by you as a result of your use of the Services will be accurate or reliable, and
13.3.4. that defects in the operation or functionality of any software provided to you as part of the Services will be corrected.
13.4 We cannot guarantee reliable access to the Virgin Media Pioneers Website and we make no guarantees whatsoever as to its operation, availability, functionality or otherwise.
13.5 Although we have taken reasonable steps to ensure that information contained on the Virgin Media Pioneers Website is correct, it is possible the information may be incomplete, contain errors or be out of date. You should verify any information obtained from the Virgin Media Pioneers Website before acting upon it.
13.6 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in the Terms.
14. Limitation of Liability
14.1 Nothing in these Terms shall exclude or limit our liability for losses which may not be lawfully excluded or limited by applicable law.
14.2 Subject to the overall provision in paragraph 14.1 above we shall not be liable to you for:
14.2.1. any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you;
14.2.2. any loss or damage which may be incurred by you as a result of:
(i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services;
(ii) any changes which we may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);
(iii) the deletion of, corruption of, or failure to store, any User Submissions and other communications data maintained or transmitted by or through your use of the Services;
(iv) your failure to provide us with accurate account information;
(v) your failure to keep your password or Virgin Media Pioneers Website account details secure and confidential.
14.3 The limitations on our liability to you in paragraph 14.2 above shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.
14.4 We shall not be liable for: (a) any user content posted on the Virgin Media Pioneers Website; or (b) the conduct of any user of the Virgin Media Pioneers Website. You agree to indemnify and hold us, our group undertakings, and each of our directors, officers, and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees arising out of or in connection with: (a) any User Submission posted by you or through your account on the Virgin Media Pioneers Website; (b) your use of the Virgin Media Pioneers Website; or (c) any breach of these Terms or of any law or the rights of any third party.
15. General legal terms
15.1 The Terms constitute the whole legal agreement between you and us and govern your use of the Services and completely replace any prior agreements between you and us in relation to the Services.
15.2 You agree that we may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Virgin Media Pioneers Website.
15.3 You agree that if we do not exercise or enforce any legal right or remedy which is contained in the Terms (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.
15.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
15.5 You acknowledge and agree that each member of the group of companies of which we are a part shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be a third party beneficiary of the Terms.
15.6 The Terms, and your relationship with us under the Terms, shall be governed by English law. You and we agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that we shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.
16 Definitions
Registration Data means true, accurate, current and complete information about you as requested by the Virgin Media Pioneers registration form on the Virgin Media Pioneers Website:
Services means the Virgin Media Pioneers Website and the Virgin Media Pioneers Player;
Streaming means a contemporaneous digital transmission of the material by us via the Internet to a user operated Internet enabled device in such a manner that the data is intended for real-time viewing and not intended to be downloaded (either permanently or temporarily), copied, stored, or redistributed by the user;
Terms means this User Agreement, the Virgin Media Pioneers Privacy Policy and the Virgin Media Pioneers Community Guidelines;
User Comments means textual content submitted to the Virgin Media Pioneers Website by Virgin Media Pioneers account holders;
User Submissions means User videos and User Comments;
User Videos means videos content submitted to the Virgin Media Pioneers Website by Virgin Media Pioneers account holders;
Virgin Media Pioneers Content means, with the exception of User Submissions, all other content on the Virgin Media Pioneers Website including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos and interactive features on the Virgin Media Pioneers Website;
Virgin Media Pioneers Player means the Virgin Media Pioneers player which is embedded within the Virgin Media Pioneers Website;
Virgin Media Pioneers Website means the website found at the url www.virginmediapioneers.com.
Accessibility
We aim to make the Virgin Media Pioneers Website as accessible as possible to the widest range of users.
We fully support the principles of the Disability Discrimination Act (DDA) and the Web Content Accessibility Guidelines (WCAG).
We have consulted the RNIB about the accessibility issues surrounding online video content and we’re always working to make your experience of Virgin Media Pioneers better. If you do have any suggestions for ways we could do this please do contact the community manager.
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