Access to and use of the website www.eurovision.tv, which includes www.eurovisionfamily.tv, (the "Website") are provided by the European Broadcasting Union, an association duly established under Swiss law, located at L'Ancienne-Route 17A, 1218 Grand-Saconnex (Geneva) Switzerland (the "EBU") subject to the following terms:
2. Intellectual property
3. Use of the Website
You agree not to use, copy, reproduce, distribute, publish, transmit, broadcast, download, store in any medium, adapt or change in any way, make available to the public or otherwise use any content of this Website or parts thereof, such as particular features (hereafter called "EBU Content"), in any way except for your own personal, non-commercial use. Moreover, you agree not to adapt, alter or create a derivative work from any EBU Content except for your own personal, non-commercial use. Any other use of EBU Content requires the prior written permission of the EBU.
You agree to use the Website only for lawful purposes, and in a way that does not infringe other persons' rights or limit or hinder anyone else's use and enjoyment of the Website. Prohibited behaviour includes causing inconvenience to any person by transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Website.
You agree not to collect any personal identifiable information, including account names, from the Website, or to use any communication system possibly 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 Contributions.
Upon prior written request to and written permission from the EBU, the use of certain EBU Content may be allowed for journalistic purposes.
4. User generated content/Contributions
By submitting a Contribution of any kind (including any text, pictures, graphics, photographs, audio or video), you agree, subject to the provisions set out in the present clause 4, to grant the EBU a worldwide, perpetual, royalty-free, non-exclusive, transferable and irrevocable right and licence to use, reproduce, modify, edit, cut, alter, adapt, translate, dub and/or subtitle in any language, create any derivative work, publish, distribute, broadcast, make available to the public, transmit, store, perform, show or play in public, and exercise all copyright and publicity rights with respect to your Contribution, in all or in part, and/or to incorporate part or all of your Contribution (including an adaptation and/or a derivation thereof) in any other work (including any audiovisual programme) into any media, platform or support (now known or later developed) for the full term of any rights that may exist in your Contribution.
General requirements for your Contribution(s):
- Contributions must be relevant, decent, in good taste, constructive and courteous;
- Advertising, sponsorship and other commercial messages are not allowed;
- No unlawful or objectionable content: defamatory, abusive, vulgar, harmful, obscene, profane, sexually-oriented, racially offensive or otherwise objectionable material or language is not acceptable;
- No deliberate abuse. For example, the submission of the same or very similar Contributions many times is not allowed. If you use multiple log-ins for the purpose of disrupting the MyEurovision service or the Website or annoying other users action may be taken against your accounts.
By submitting a Contribution, you warrant that:
- You warrant that when using the Contributions in the manner contemplated above, no payment will need to be made by any entity whatsoever;
- You waive any moral rights in your Contribution for the purposes of its submission to and publication on any section of the Website and for its incorporation into any work, and more generally, for all the purposes specified above;
- You shall indemnify, defend and hold harmless the EBU, its Members or any authorized entity against any loss, liability, claim, demand, damage, or expense (including all legal fees and any other expenses) that may be incurred by the EBU, its Members or any authorized entity as a result of your breach of the above general requirements and/or warranty. Notwithstanding the foregoing indemnity obligation for which you shall remain fully responsible, the EBU reserves the right to assume the exclusive defence and take over of any matter.
If you do not want to grant the EBU the rights set out above and/or if you are nor able to provide the EBU with the above-mentioned warranties, do not submit your Contribution to the Website.
The EBU reserves the right to refuse or to delete any Contribution without prior notice, or take action against any account, at any time, for any reason, without prior consent and without prior notice.
The EBU shall not be liable for any damages, including indirect or consequential damages, or any damages arising from use or loss of use, data or profits, whether in contract, negligence or other action, arising from or in connection with your use of the Website.
EBU content, including the information, names, images, pictures, logos and icons regarding or relating to the EBU, its products and services (or to third party products and services), is provided to you "as is" for your information and personal use only without any representations or any kind of warranty (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility and security. The EBU tries to ensure that the Website is as up to date as possible, but the EBU cannot give a guarantee of the accuracy and currency of information provided on it.
The EBU does not warrant that functions contained in EBU content will be uninterrupted or free of error, that defects will be corrected, or that the EBU or the server that makes it available are free of viruses or bugs.
No implied endorsement. The views of individual users or contributors to the Website expressed are those of members of the public only and do not necessarily represent the opinion of the EBU or any EBU Members. The EBU or its Members shall have no responsibility in that respect.
Links to other websites have been included to make this Website as useful as possible. However, the EBU is not involved in their production and is not responsible for the content or accuracy of information on these linked websites.
Personal data collected by the EBU shall be treated in accordance with the Swiss Federal Law on data protection of 19 June 1992.
The EBU reserves the right to collect, process and analyse the personal data for research and statistical purposes (number and frequency of visits to the Website, number of visitors, users'/contributors profiles, pages visited, etc.) and to publish or disseminate such data vis-à-vis third parties in a form which does not allow the persons concerned to be identified.
Personal data (such as your e-mail address) communicated by you shall be kept confidential. However, the EBU reserves the right to publish your name in relation to your Contribution (if the EBU so decides) and may contact you for a number of purposes related to the section of the Website which you use. Your personal data shall not be forwarded to third parties unless you give your express authorization or unless disclosure of such information is necessary to identify, investigate or engage in legal proceedings against any person who infringes the rights of the EBU or other persons, and particularly if required to do so by law, or if you use the Website to disseminate illegal matter.
Through appropriate technical and organizational procedures the EBU shall ensure that your personal data are protected against any non-authorized processing. In particular, the EBU shall make its best efforts to protect such data against the risk of accidental or unauthorized destruction, accidental loss, technical errors, falsification, theft or illegal use, modification, copying, and unauthorized access or other processing.
The EBU shall, moreover, make its best efforts to take all necessary measures to ensure the confidentiality of data communicated via the Internet. You hereby recognize, however, that it is not possible to guarantee absolute security in the transfer of data via the Internet. Consequently, personal data are communicated to the EBU under your full and sole responsibility. The EBU cannot be held responsible for any incident which may occur during the transmission of the data by you, such as loss of data or piracy of the communication by a third party.
For services proposed by a third party, via a link available on the Website, the third party is solely responsible for collecting and processing personal data communicated by you. The EBU shall neither collect nor preserve the data thereby provided by you.
You have the right to ask for the details of your personal data to be corrected or deleted, by submitting to the EBU a signed and dated request by post, together with a copy of official proof of identity.
7. Final clauses
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; the remaining Terms shall remain in full force and effect.
All terms shall be governed by, and interpreted in accordance with, Swiss law. The courts of the Canton of Geneva, Switzerland shall have exclusive jurisdiction.
Latest update: 12 January, 2008