TERMS OF SERVICE
PLEASE READ CAREFULLY
1. Your Acceptance
Welcome to SQUA.RE. Square Media Ltd. (“Square Media”) provides its service to you, subject to the following Terms of Service (“TOS”), which may be updated by Square Media from time to time without notice to you. You should review the TOS periodically for changes at: [www.square-media.co.uk/tos]. In addition, when using particular Square Media services, you and Square Media shall be subject to any guidelines and rules applicable to such services which may be posted by Square Media from time to time. All such guides and rules are hereby incorporated by reference into the TOS. In most cases the guides and rules are specific to a particular part of the Service and will assist you in applying the TOS to that part, but to the extent of any inconsistency between the TOS and any guide or rule, the TOS will prevail. Square Media may also offer services from time to time that are governed by other terms of service. In such cases the other terms of service will be posted on the relevant service to which they apply.
3. Website Access
- Square Media hereby grants you permission to use the Website, provided that: (i) your use of the Website is solely for your personal, noncommercial use; (ii) you will not copy, distribute or modify any part of the Website without Square Media’s prior written authorization; (iii) you will not send unsolicited or unauthorized advertisements, spam, chain letters, etc., (iv) you will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (v) you will not disrupt servers or networks connected to the Website; and (vi) you comply with these TOS.
- In order to access some features of the Website, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Square Media immediately of any breach of security or unauthorized use of your account. You will be liable for any use made of your account or password and the losses of Square Media or others due to such unauthorized use. Square Media will not be liable for your losses caused by any unauthorized use of your account.
- You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” and “offline readers,” that accesses the Website in a manner that sends more request messages to the Square Media servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Square Media grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Square Media reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions (as defined below).
- Square Media has the right to terminate your access to the Website, in its sole discretion, immediately and with or without cause.
4. Intellectual Property Rights
The content on the Website, including all User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos and interactive features (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Square Media. Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, reverse engineered, de-compiled, or otherwise exploited for any other purposes whatsoever without Square Media’s prior written consent. Square Media reserves all rights not expressly granted in and to the Website. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website.
5. User Submissions
- The Website facilitates the submission of videos or other Content by you and other users (“User Submissions”) and the hosting and publishing of such User Submissions. You understand that whether or not such User Submissions are published, Square Media does not guarantee any confidentiality with respect to any User Submissions. Square Media has complete discretion whether to accept or reject your User Submission, or to transfer your User Submission from one Square Media program to another program or portion of the Website.
- You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that: (i) you own or have the necessary rights and permissions to use and authorize Square Media to use all copyright, trademark or other proprietary rights in and to any User Submissions to enable inclusion and use thereof as contemplated by the Website and these TOS; and (ii) you have the written consent and/or permission of each and every identifiable individual person in the User Submission to use their name or likeness as contemplated by the Website and these TOS.
- You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Square Media, you hereby grant Square Media, in addition to any other rights which it has pursuant to any other program established by Square Media, a worldwide, non-exclusive and transferable license to use, copy, prepare derivative works of (including without limitation, to rename, edit, shorten, split the videos into different segments, and use the entire video or segments as part of compilations), display, and perform the User Submissions in connection with the Website and Square Media’s (and its successor’s) business, including without limitation to grant access to the Website to third parties to view the User Submission (and derivative works thereof). With regard to any User Submissions submitted, you may notify Square Media to remove the User Submission from the Website, and Square Media will do so within a reasonable time period, at which point the foregoing license to Square Media will terminate.
- You also hereby grant each user of the Website or other viewer of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all for non-commercial and personal use.
- You agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the User Submission and to grant Square Media all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Square Media or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) misidentify yourself in submitting the User Submission or misstate your true identity. Square Media does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Square Media expressly disclaims any and all liability in connection with User Submissions.
- You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that Square Media is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Square Media with respect thereto, and agree to indemnify and hold Square Media, its owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website. You acknowledge that access to certain Content which may be available through the Website and which depict violence, or contain images of nudity, sexual acts, or other sexual material (“Mature Content”) is permitted only if you are over the minimum age applicable in your jurisdiction.
6. Copyright and Content Policy
Square Media respects the intellectual property rights of others, and requests you to do the same. Square Media does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Square Media will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. Square Media reserves the right to remove Content without prior notice. Square Media will also terminate a User’s access to the Website, if they are determined to be a repeat infringer. Square Media may remove such Content and/or terminate a User’s access for uploading such Content in violation of these TOS at any time, without prior notice and at its sole discretion.
If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide Square Media’s Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
- a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- a description of where the material that you claim is infringing is located on the Website, including the URL;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Square Media’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
Square Media Ltd. [insert address] By fax: By email:
7. Payment for User Submissions. At this time, there will be no payment for User Submissions.
8. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SQUARE MEDIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. SQUARE MEDIA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT AND ASSUMES NO LIABILITY FOR ANY (I) MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT ON OR VIA THE WEBSITE. SQUARE MEDIA DOES NOT WARRANT, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY CONTENT, OR PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR FEATURED IN ANY ADVERTISING, AND SQUARE MEDIA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
9. Limitation of Liability
IN NO EVENT SHALL SQUARE MEDIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) CONTENT, INCLUDING ANY MISTAKES OR INACCURACIES THEREIN, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT ON OR VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SQUARE MEDIA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT SQUARE MEDIA SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to defend, indemnify and hold harmless Square Media, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Website; (ii) your violation of these TOS; (iii) your violation of the terms which apply to your User Submission; (iv) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (v) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these TOS and your use of the Website.
11. Ability to Accept TOS
You affirm that you are either more than 18 years of age or possess legal parental or guardian consent to enter into these TOS, and to comply with these TOS. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website. Speak to your parents about what sites are appropriate for you.
These TOS, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Square Media without restriction.
Last updated: October 2007
(EFFECTIVE AS OF OCTOBER 2007)
PLEASE READ CAREFULLY
For the purposes of the Data Protection Act 1998, the data controller is Square Media Ltd. of [insert address], whose data protection registration number is [ ].
2. How We Collect Your Data We may collect and process Your Data:
- whenever You visit Square Media (We may collect details of Your visits including, but not limited to, traffic data, location data and other communication data and the resources You access);
- when You register to use SQUA.RE;
- whenever You provide Your Data on an online form on SQUA.RE (for example, when You submit video, images and other material, when You enter competitions or free prize draws etc);
- whenever You provide Your Data to Us when reporting a problem with SQUA.RE, making a complaint, making an enquiry or contacting Us for any other reason;
- whenever You complete one of Our voluntary surveys that We use for research purposes; and
- whenever You disclose Your Data to Us, or We collect Your Data from You, in any other way, through SQUA.RE or otherwise.
3. How We Use Your Information We use Your Data to:
- monitor, develop and improve SQUA.RE and Your experience and ensure that content of SQUA.RE is presented in the most effective manner for You and for Your computer;
- process Your registration to use SQUA.RE and provide You with a User Name and Password;
- provide You with information, products or services that You request from Us;
- allow You to participate in interactive features of Our service, should You choose to do so;
- notify You about changes to Our service;
- process and deal with any complaints or enquiries made by You;
- investigate any suspected breach of the Terms and Conditions [http://www.square-media.co.uk/tos] by or otherwise relating to You; and
- [publish or otherwise make available a list of prize winners, where You are one of the prize winners].
- We may also use Your Data for certain marketing, market research and related purposes, including:
- providing You with information about Our products and services, [or related products and services of selected reputable third parties], via [email/post/telephone/text] which may be of interest to You;
- making Your Data available from time to time to selected reputable third parties for the same purposes as above; and
- asking You to participate in market research, for example surveys about topical issues, conducted by Us or trusted partners or reputable third parties. We will always try to tell You before You participate in a survey how any information You provide in the survey will be used.
We will always inform You before collecting Your Data if We intend to use Your Data for such marketing, market research and related purposes, or if We intend to disclose Your Data to any third party for such purposes. To opt-out of receiving any such information You can:
- amend Your preferences accordingly in Your on-line account; or
- use the facility contained in any such communication; or
- email Us at [email@example.com] stating Your User Name.
4. Passing On Your Data To Third Parties We may pass on Your Data:
- to Our employees and agents to administer Your on-line account;
- to reputable third parties in order to gather general statistical information about the Site user base, sales patterns, traffic volumes and related matters – but these details will not include information personally identifying You;
- to a prospective buyer of some or all of Our business or assets, in which case personal data held by Square Media Limited about its customers will also be one of the transferred assets;
- to the police, regulatory bodies or legal advisers in connection with any alleged criminal offence or suspected breach of the Terms and Conditions [http://www.square-media.co.uk/tos] or where We are under a duty to disclose or share Your Data in order to comply with any legal obligation.
- record statistical data about Our users’ browsing actions so that We can estimate Our audience size and usage pattern:
- store information about Your preferences, and so allow Us to customise SQUA.RE according to Your individual interests;
- speed up Your searches; and
- recognise You when You return to SQUA.RE.
7. Links to Other Websites SQUA.RE may, from time to time, contain links to and from the websites of third parties. If You follow a link to any of these websites, please note that these websites have their own privacy policies and that We do not accept any responsibility or liability for these policies. Please check these policies before You submit any personal data to these websites.
8. Access to and Updating Your Data If You would like to receive a copy of Your Data held by Us, please contact Us at [http://www.square-media.co.uk/contact]. We may charge You a small administration fee to meet our costs in complying with Your request. If You are a registered user of SQUA.RE You may access and update Your Data contained in Your on-line account at [http://www.square-media.co.uk/profile/edit] at any time. You must make sure that You update Your Data as soon as possible with any and all relevant changes. You can ask Us to remove Your Data from Our database entirely by sending an email to [http://www.square-media.co.uk/contact] specifying Your name, the email address You used to register with Us and Your user name.
10. Contact Us