Terms of Use: November 2009 version

In order to use Blinked.tv, you must agree to the terms and conditions set out below. You may not use Blinked.tv if you do not accept these terms. By visiting and/or using our site and/or any of the services or its functionality, you signify that you have read, understand and agree to be bound by these terms and conditions.

Information about us

Blinked.tv is a site operated by MadOystercan Ltd. ("We/Us"). We are registered in England and Wales under company number 2865983 and have our registered office at 45E Victoria Rd Surbiton.  Our VAT number is 924496206.

Accessing our site

You must be 18 years or older to use this site. You may not use this site if it unlawful for you to do so in the jurisdiction in which you reside.

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

You also agree that in using this site, you and you alone continue to be responsible for your own personal safety and security, as well as the safety and security of any individuals included in material you publish. Blinked.tv will not be held liable in any way for any loss or injury sustained by you or others of any kind whatsoever that results from you or others publishing or using information published on this site.

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our site, and in material (other than material uploaded by users) published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any our material from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

You must not use any part of our site (including material uploaded by users) for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

The ownership of copyright in user submitted material shall not transfer to us, and we will use those materials in accordance with your licence granted below.

User Submissions

You understand that the primary purpose of this site is to act as a publication platform for live video / audio streaming as well as text content. As such, material uploaded by you or other users of this site will be published immediately and entirely unedited. Streamed or uploaded material will be subsequently stored on our servers where it will usually remain available for publication. However, the viewing privileges of both live streamed and archived material is subject to the editorial control of the uploading user and the administrators of Blinked.tv.

You agree that in using our site, you may be exposed to uploaded material that you might find objectionable. Any views expressed in video clips or posted comments express the views of the author, and not necessarily our views. You may contact us to raise any concern about uploaded material.

You agree, through your use of Blinked.tv, that you will not post or communicate any visual, written or verbal material which is false, defamatory, inaccurate, abusive, racist, vulgar, hateful, harassing, obscene, profane, sexually oriented, homophobic, threatening, invasive of a person's privacy, adult material, or otherwise in violation of any international or United Kingdom law. You also agree not to use any material published on this site for any purpose that may be deemed illegal under any international or United Kingdom law. You warrant that any such uploaded material does comply with those standards, and you indemnify us for any breach of that warranty.

You also agree not to post any copyright protected material unless you own the copyright and digital rights or you have written consent from the copyright / digital rights owner of the material. You also agree not to post anything that will bring Blinked.tv into disrepute.

In uploading any material to Blinked.tv you agree to grant us a worldwide, royalty-free, non-exclusive transferable license (with right to sub-license) to publish and otherwise use the material in any way, including for promoting and redistributing part or all of the site, and for the creation, distribution and sale of any derivative works in any media format using any media channel. You also grant a worldwide, royalty-free, non-exclusive licence to other registered users to view and display your uploaded material.

Blinked.tv cannot vouch for the validity, suitability or otherwise of any material uploaded by users, or its usefulness or otherwise in any context. You agree that any material you choose to access or use which is contained on the Blinked.tv web site is entirely at your own risk and that you indemnify Blinked.tv from any liability resulting from the use of this information.

You remain solely responsible for the content of your uploaded material. Furthermore, you agree to indemnify us and hold us harmless from any liability caused by your uploaded material. You understand we reserve the right to view all uploaded material, even content marked as private, to monitor it suitability for publication and storage on our servers.

Anyone who feels that uploaded material is objectionable or violates copyright / digital rights is encouraged to notify an administrator or moderator of Blinked.tv immediately. We reserve the right to remove any material, within a reasonable time frame, if we determine that removal is necessary. This is a manual process, however, so please be aware that they may not be able to remove material immediately. This policy applies to member profile information as well.

Information about you

In registering for Blinked.tv, we will collect some items of personal information from you, including a username of your choice, email address, first (Christian) name, and last name.  Your first and last names and email address will not be published on our web pages but may be displayed in emails or messages to third parties you choose to invite to register with Blinked.tv or to share site content with.

The owners of this web site also reserve the right to reveal your identity (or any other related information collected on this service) in the event of a formal complaint or legal action arising from any situation caused by your use of this web site. We also reserve the right to temporarily or permanently remove functionality from your account if in our sole opinion it may be unlawful or in violation of our conditions of use.

We may block the deletion of, and continue to store and disseminate any uploaded material and any information related to your account should any material uploaded by you has been, or is, subject to a dispute or we have reason to believe is unlawful under United Kingdom or international law. If you wish to have your personal data deleted from Blinked.tv, then we reserve the right to retain this information for a period of not more than 6 months after the request is made.

Other terms relating to you data can be found in our privacy policy, which can be found here http://www.livepressconference.tv/etp/privacy.

Quality of service

Although we will always strive to provide the best quality and reliable service that we can, we do not guarantee its stability or its availability. You understand in using Blinked.tv that we accept no liability of any kind whatsoever associated with loss of service, downtime or outage for any reason. This includes the deletion, corruption or failure to store, whether accidental or deliberate, any material uploaded by you or associated with your account. Blinked.tv shall not be liable for any loss sustained by you in the event of cessation of the Blinked.tv service or due to any changes in the nature or the functionality of the Blinked.tv web site.

Viruses, hacking and other offences

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

Our liability

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, hereby expressly exclude:

·                All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

·                Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including:

o      loss of income or revenue;

o      loss of business;

o      loss of profits or contracts;

o      loss of anticipated savings;

o      loss of data;

o      loss of goodwill;

o      wasted management or office time; and

whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Jurisdiction and applicable law

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

 

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.