- Service Provider
The OUTER CRATE Mobile News WAP site services and related OUTER CRATE content (“Content”, including UGC, as defined below, where appropriate) are offered to you in the English language by Turner Broadcasting System Europe Limited, a company incorporated in England, under company number 1927955, and whose registered office is at Turner House, 16 Great Marlborough Street, London, W1F 7HS, United Kingdom.
- Service and Charges
The Service consists of (i) a WAP service using software that is already available on your mobile handset, and in which all the Content is hosted by a third party provider, and (ii) Content provided by OUTER CRATE. Turner will not charge you to use of the Service.
The terms of your mobile network provider will continue to apply when accessing the WAP site. You should be aware that your network provider may charge you both for access to its connection services and for the duration of your mobile phone’s connection while accessing the Content (these charges may include without limitation GPRS or Circuit Switch Data charges); you are responsible for these costs and the costs of any other third party associated with receiving the Service. You will need to contact your mobile operator or check your contract/tariff details for an explanation of these charges. If you are not a bill payer for the mobile phone you are using then you will have to get permission from the bill payer before using the Service or downloading any Content.
Turner shall not be responsible or liable for your use of any other WAP sites. Neither Turner, nor Turner designated representative(s) will be liable for indirect or consequential damages, loss of the Content, the loss of data, revenue, opportunity, business, goodwill, reputation or profits (including anticipated profits), whether in action of contract, negligence, interrupted service, maintenance or other action arising out of or in connection with the use of the Service and Content, whether foreseen or not. For the avoidance of doubt, Turner does not exclude its liability for death or personal injury caused from its negligence, but it does exclude its liability for any indirect, consequential, special or exemplary damages, irrespective of the form of action.
Turner shall not be liable to you or any third party in the event that you fail to use the Services for lawful purposes. You must not use the Services in order to infringe the rights of, or restrict the use by, others who wish to use the Services. You cannot use the Services in order to harass, cause distress or inconvenience, or offence (by the use of obscene, offensive or discriminatory behaviour) to others.
- Turner Intellectual Property Rights
As between you and Turner, Turner is the holder of all the rights relating to the Service, and in particular all the intellectual property rights, including copyright and database rights, relating to the Content transmitted while the Service is being provided. You may not reproduce, copy, store, transmit, communicate to the public, download, post, broadcast, make available to the public, create derivative work or amend in any way the Content, OUTER CRATE or other Turner logo, images, sounds, OUTER CRATE or other Turner trade marks or any other item constituting the Service without obtaining prior consent from Turner in writing, except solely for your non-commercial private purposes to the extent permitted by law. You will not create from the Content, or amend, adapt or alter from the same, any work, except for your own personal and private use. If you wish to use the Content for any other purpose you must obtain the prior written permission of Turner. For the avoidance of doubt the names, marks and logos of Turner and any third parties shall be subject to the prior rights of Turner and any such third parties, and nothing in this Agreement shall confer upon you the right to use any intellectual property right (including any copyright, design right, trademark, patent or unregistered design right) of Turner or any third party.
- User Generated Content
If you provide any user generated content (UGC) to Turner, which may include (without limitation) any audio, graphics, photographs, text or video) then, by submitting your UGC, you grant to Turner (and its successors and assigns) a perpetual, worldwide, royalty-free, non-exclusive right to adapt, modify, publish, reproduce and translate (and also to create derivative works relating to such UGC, or to incorporate such UGC into other works), which Turner shall have the right to sub-licence. You also grant to Turner the right to make such UGC available to the public for the purposes of distribution and performance upon any existing and future means of distribution and performance. For the avoidance of doubt, your identity as the author of UGC (or otherwise) shall be kept strictly confidential unless you provide Turner with prior written authorisation to disclose your identity. Please do not submit any UGC to Turner if you do not wish to grant such rights to Turner.
By submitting UGC to Turner you warrant that the work is original and is not that of any third party; that you are the author, holding all rights to the UGC and that it is neither defamatory, obscene or in breach of any law. If your warranty is breached then you are liable to indemnify Turner against all legal fees damages and other costs incurred by Turner as a consequence of such breach. You also hereby waive your moral rights in the UGC.
If you post or send offensive or inappropriate content then Turner reserves the right to take suitable and reasonable action to prevent you from doing so. Turner reserves the right to delete any contribution, or take action against you at any time, for any reason, and to prevent you from submitting any additional UGC. Turner will inform you if you are breach of this Agreement.
By submitting UGC you are not entering into an employment relationship with Turner, and that no relationship is created other than that of licensor and licensee. Please note that you cannot submit UGC if you are an employee or the immediate relative of an employee of Turner or any of its affiliated companies.
- Alteration to the Services and Termination
Turner may amend all or part of the Service at any time. You acknowledge that Turner can withdraw any information, data or content forming a portion of the Service, or cease providing the Service entirely and terminate this Agreement at any time, without liability and without notice for any reason whatsoever.
- Unpredictable Nature of the Services
The transmission of information through telecommunications channels is unpredictable in nature and depends on, amongst other issues, (i) third party telecommunications operators and (ii) the proper maintenance of your receiving equipment. Turner gives no guarantee of the continued availability and quality of reception of the Service.
You acknowledge that all of the Content, including any information, logos, icons, images and names relating to Turner and any of its affiliates or any third parties, is provided only on on an as is and as available basis without any express and/or implied warranty (to the extent permitted by law) within the meaning of the unfair contract, and the sale of goods and services legislation. As such, Turner does not warrant that the Content will be uninterrupted or will not contain mistakes, or that defects will be corrected and that the Content will be free from viruses or bugs. You are strongly advised to check the accuracy of the Content before relying on it for any purpose whatsoever. Turner cannot be held liable for losses resulting from any decision taken on the basis of the Content. Turner does not guarantee any result arising from a decision of any kind taken on the basis of content transmitted by Turner.
If you are a child under the age of 18 then you cannot enter into this Agreement, but one or both of your parents or legal guardians may do so on your behalf. If you submit any of your personal details (which, for the avoidance of doubt, may include your name, age, address, bank account information, ethnicity, etc.) then you must provide us with the written permission of one or both of your parents or of your legal guardian prior to providing us with such information. If you are unable to provide us with such written permission then Turner will not handle any of the information that you send and it will be destroyed and/or returned to you and Turner will retain no records relating to you, acting at all times in compliance with the United Kingdom data protection legislation.
Turner may send you information about related OUTER CRATE Mobile services; however you will always be given the opportunity to opt-out of receiving such messages.
- Non-Transferable Rights
The rights to use the Service are personal to you, and you may not transfer or assign to a third party any of your rights and obligations as defined in this Agreement or any other document constituting this agreement. You agree that you will use the Service for non-commercial purposes only without making any gain and that you will not permit any other person or persons to use the Service. This means, for example, that you must not charge for viewing of the Content and that you cannot use the Service to attract others to buy goods or services from you or anyone else.
- Applicable Law
This Agreement is governed by the laws of England and you and Turner hereby submit to the exclusive jurisdiction of the courts of England and Wales.
If there is any conflict between these terms and specific terms appearing elsewhere on a Turner URL then these terms shall prevail.
- Unenforceable Provisions
If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.