1 Website Owner
This website www.divatv.co.uk (hereafter the “Website”) is owned and operated by Sparrowhawk Entertainment Limited, part of NBC Universal ("NBC Universal") of 234a King’s Road, London, SW3 5UA. Please read these terms and conditions carefully, they are the terms of use for this Website as provided by NBC Universal (hereafter the “Terms of Use”).
2 Website Access and use
Use of this Website constitutes your acknowledgement and acceptance of these Terms of Use, which take effect on the date on which you first use the Website. You are granted a personal, revocable, non-exclusive, non-transferable right to access and use the Site, for non-commercial use only, in accordance with these Terms of Use. By accessing, using, downloading materials from and/or uploading materials to this Website, you agree on your own behalf and on behalf of each entity and person on whose behalf you act to abide by these Terms of Use. If these Terms of Use are not accepted in full, you do not have permission to access the contents of this Website and therefore must not access or use and must cease to use this Website immediately. NBC Universal reserves the right to change these Terms of Use at any time by posting changes online and it is your responsibility to refer to and comply with these Terms or Use on accessing the Website. Your continued use of this Website after changes are posted constitutes your acceptance of these Terms of Use as modified. If there is any conflict between these Terms of Use and rules and/or specific terms of use appearing on this Website relating to specific material then the latter shall prevail.
3 Registration, Passwords and Security
You are responsible for maintaining the confidentiality of your username and password and are responsible for all activities that are carried out under them. We do not have the means to check the identities of people using the Website and will not be liable where your username or password is used by someone else. You agree to notify NBC Universal immediately by email to web@divatv.co.uk of any unauthorised used of your username or password of which you become aware.
4 Terms of Use, Privacy Policy and Postings
4.1 Any information or data you transmit, post on or submit via this Website shall belong absolutely to NBC Universal and, except for personal data, will not be confidential. The information may be used by NBC Universal for any purpose including, but not limited to, reproduction, disclosure to third parties, distribution, broadcasting, transmission (in each case whether or not in electronic form) or otherwise at NBC Universal's absolute discretion (according to and subject to The Data Protection Act - see Privacy Policy.
4.2 You hereby irrevocably and unconditionally assign to NBC Universal (by way of present assignment of present and future copyright) and in perpetuity all rights of any nature in and to such material (including, without limitation, intellectual property rights) throughout the world including all renewals and reversions thereof. You hereby agree to waive all rights known as "droit moral" or moral rights (as described in Part I, Chapter IV of the Copyright Designs and Patents Act 1988) and any similar rights of authors anywhere in the world (whether now existing or hereafter created). You agree, in such, circumstances, that you are not entitled to any compensation from NBC Universal or any of its associated companies.
4.3 You are prohibited from posting, transmitting to or submitting via this Website any material:
(i) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred or otherwise objectionable, discriminatory, degrading, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience or have the effect of being harassing; or
(ii) for which you have not obtained all necessary licences and/or approvals; or
(iii) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of, or infringe the rights of any third party in, the UK or any other country in the world; or
(iv) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.4 You must not misuse the Website (including, without limitation, by hacking and/or accessing or attempting to access the accounts of other users). NBC Universal shall be entitled fully to co-operate with any law enforcement authorities or court order requesting or directing the NBC Universal to disclose the identity or locate anyone posting any material in breach of these Terms of Use.
4.5 The use of this Website is only for lawful purposes, in a manner which does not infringe the rights of or restrict or inhibit the use and enjoyment of this Website by any third party. Such restriction or inhibition includes, but is not limited to, conduct which is defamatory, or which may harass, cause distress or inconvenience to any person and the transmission of obscene or offensive content or interruption of the normal flow of dialogue within this Website. Further, by way of example and not limitation you shall not use any posting or any area of the Website:
(i) to harm children in any way including without limitation any offences in relation to grooming of children online under UK law or under any similar laws in any jurisdiction; or
(ii) to impersonate any person or entity, falsely state or otherwise misrepresent you affiliation or relationship with any person or entity or disguise the origin of any content;
(iii) to collect store and/or identify private or personal information of a user.
4.6 We reserve the right to monitor, suspend, restrict or terminate your access to this Website or to monitor, suspend, remove, destroy, copy or use any content that is posted on the Website (of any nature and however it may have been inserted or posted) at any time without notice at our discretion.
4.7 The Terms of Use automatically apply to the use of any forum we may include on our Website.
4.8 Any forum we include is intended as a service to its members and the general public. Whilst “we”, the owner, endeavour to publish up-to-date information on the Site, the information may nevertheless become out of date over time. To the extent permitted by all relevant laws, no liability is accepted by us or any of our affiliates for any inaccuracy or incompleteness of this Site or for the failure to update the information contained on this Site.
4.9 This Site may contain information and materials that third parties have provided to us or to any forum we have set up (“Third-Party Content”). We do not independently verify Third-Party Content, makes no representation as to its accuracy, and assumes no responsibility or accepts any liability (to the extent permitted by any applicable law) for your use of the Third-Party Content and any consequences of that use, including, without limitation, any damages, injuries or results that may result from its use.
4.10 Submissions by visitors to this Site, including feedback data such as questions, comments, suggestions regarding the content of the material on this Site shall be deemed to be non-confidential and in the public domain. We shall have no obligation of any kind with respect to such submission and, by submitting any such feedback, information, data or any material whatsoever, you hereby consent that NBC Universal or any of its affiliates shall be free to reproduce, use, disclose, and distribute the information that such submissions contain to others without limitation. Potential uses may include, without limitation, use of ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, such as, for example but not by way of limitation, all forms of Communication to the Public (in all technological mediums whether now known or as may be developed in the future), rental or lending, developing, manufacturing and marketing products incorporating such information.
5 Copyright and Other Intellectual Property
5.1 The names, images and logos identifying NBC Universal and any of NBC Universal’s associated companies or third parties and their programmes, products and services are proprietary marks of NBC Universal, its associated companies and/or third parties. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any licence or right under or in respect of any intellectual property rights of NBC Universal, its associated companies or any other third party.
5.2 All copyright, trade marks and other intellectual property rights in this Website (including the design, arrangement and look and feel) and all material or content supplied as part of or via the Website shall remain at all times the property of NBC Universal or NBC Universal's licensors. You agree that you do so only for your own personal, non-commercial use. You must not, and must not permit or assist in any way any third party to, copy, reproduce, republish, download, post, store (including in any other web site), distribute, transmit, broadcast, commercially exploit or modify in any way such material or content without NBC Universal' s prior written permission.
6 Links to and from other websites
6.1 NBC Universal does not control and is not responsible for the availability or content of any third party websites or material you access through this Website. Links to third party websites on this Website are provided solely for our convenience. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. NBC Universal does not endorse and is not responsible or liable for any content, advertising, products, services or information on or available from third party websites or material (including payment for and delivery of such products or services).
6.2 NBC Universal is not responsible for any damage, loss or offence caused by or, in connection with, any content, advertising, products, services or information available on such websites or material. Any terms, conditions, warranties or representations associated with such dealings, are solely between you and the relevant provider of the service.
6.3 You may create links to this Website provided you have first entered into our Website linking licence (please contact web@divatv.co.uk
6.4 NBC Universal expressly reserves the right to revoke the right granted in this paragraph 6 for breach of these Terms of Use and to take any action it deems appropriate.
6.5 To the extent permitted in law, NBC Universal disclaims all liability for any legal or other consequences (including for infringement of third party rights) of links made to or from this Website.
6.6 Links do not imply that NBC Universal endorses, is affiliated or associated with any linked site, or is legally authorised to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorised to use any trademark, trade name, logo or copyright symbol of NBC Universal or any of its affiliates or licensors.
7 Competition Standard Terms
7.1 This paragraph 7 applies in relation to your participation in any competitions we may run or promote on the Website. These Competition Standard Terms form part of the Terms of Use generally for the Website and both are expressly incorporated into any specific terms for any such competitions. To the extent of any conflict between these Competition Standard Terms, the Terms of Use and any specific terms for a competition, the relevant specific terms shall apply. We reserve the right to disqualify your entry from any competition and/or withhold any prize if we have reasonable grounds to believe that you have breached any of these Competition Standard Terms, Terms of Use or any specific rules of any competition (all three together are referred to as “Competition Terms”).
7.2 To enter a competition and to be eligible to win a prize you must: (A) be resident in the United Kingdom, the Channel Islands or the Isle of Man; (B) be 18 years of age or over; (C) not be an employee of NBC Universal or any of its related companies or any service provider (or employee or agent thereof) to NBC Universal or a member of the family, friend or acquaintance of any of the above; and (D) comply with these Terms of Use and any rules specific to the competition. All entry instructions communicated by NBC Universal will form part of the Competition Terms.
7.3 By entering any competition and/or accepting a prize from NBC Universal you warrant that you have complied, and shall continue to comply, with these Competitions Terms. By entering the competition, you agree to take part in publicity at NBC Universal's request and/or to allow NBC Universal to use your name, image and/or town of residence in such promotional materials as NBC Universal sees fit whether now or in the future and anywhere in the world, without further compensation.
7.4 All entries must be made in the entrant's own full name. Where applicable, NBC Universal will only issue prize cheques made payable in the winner's name as given to NBC Universal at the time of entry.
7.5 Closing Date: the closing date for a competition is the date and/or time as stated in the instructions for the respective competition and, unless otherwise stated, entries must be received by NBC Universal on the closing date by the following times (in accordance with the method as permitted in the relevant competition rules:
(i) midnight for entries by email and/or online; or
(ii) 5pm for entries by post or other method; or
(iii) midnight for entries by telephone or SMS (unless on live or as-live programming; or
(iv) or as may be otherwise directed in respect of competitions on live or as-live programming;
7.6 Where competitions are by telephone or SMS, the costs of entry will be stated in the relevant specific terms of the competition.
7.7 One entry per household unless expressly stated otherwise in the relevant specific terms.
7.8 There are no prize substitutions or cash alternatives and the prizes are not transferable. NBC Universal reserves the right to select an alternative Winner and award the prize to another entrant in the event that:
(i) it has reasonable grounds for believing that an entrant has contravened any term or condition of entry;
(ii) a Winner has changed address to one outside of United Kingdom, Eire, the Channel Islands or the Isle of Man after the closing date;
(iii) it is unable to contact the Winner within 24 hours of selecting the Winner;
(v) it does not receive confirmation of the Winner’s address as may be requested within 24 hours.
7.9 NBC Universal will have sole and absolute discretion as to whether to accept any entry and NBC Universal may rely upon its own records and information in determining whether contestants are eligible to receive a prize.
7.10 In any matters concerning any part of the competition or any part of the solution to the competition, whatsoever, NBC Universal’s decision will be final and no correspondence or discussion shall be entered into with you or with any other person acting on your behalf regarding the decision whatsoever.
7.11 A winner will generally be notified either by email, telephone or post within 7 days of the relevant closing date or such other times as may be specified by NBC Universal in its absolute discretion.
7.12 Subject to confirmation by NBC Universal of the Winner’s address as may be requested, the Winner will generally receive the prize within six to eight weeks from the closing date or as set out in any specific terms for the respective competition.
7.13 No responsibility can be accepted for entries lost, delayed, misdirected, damaged or undelivered. Incomplete, inaudible and/or illegible entries will be disqualified. NBC Universal shall not be responsible for technical errors in telecommunications networks, internet access or otherwise preventing entry to any competition.
7.14 Where any prize involves travel, all arrangements, including but not limited to travel times and dates, shall be in accordance with the restrictions specified by NBC Universal and, unless stated otherwise in writing, shall take place within 12 months of the relevant closing date. Winner’s are advised to obtain all necessary travel insurance, obtain any necessary medical advise for their trip and confirm all necessary travel documents, including a passport, prior to any travel.
7.15 NBC Universal shall not be liable for any delay in performing or partial or total failure to perform any of its obligations to the winner(s) under these Competitions Terms if such delay or failure is caused by circumstances beyond its reasonable control including without limitation delays, changes, disruptions, cancellations, diversions or substitutions howsoever caused including without limitation, war, terrorist action or threatened terrorist action, strikes, hostilities, civil commotions, accidents, fire, flood or natural catastrophes arising without limitation out of or in connection with the activities of any third party and/or any form of transportation (including but not limited to flights, trains, coaches, buses, ferries, taxis or cars). For the avoidance of doubt, the winner(s) shall be solely liable for any additional costs incurred as a result.
7.16 To the extent permitted in law, NBC Universal shall not be liable to the winner(s) for any loss or damage howsoever caused (whether in contract, tort or statutory duty or otherwise) arising out of or in connection with the competition and/or prize other than death or personal injury caused by negligence of the Promoter and/or the Promoters personnel and/or deceit or fraud by Promoter and/or Promoter’s personnel.
7.17 Any personal information collected by NBC Universal in connection with a competition will be used in accordance with NBC Universal’ Privacy Policy which can be viewed here. or can be obtained by writing to NBC Universal either by email at web@divatv.co.uk or by post to NBC Universal’s address marked for the attention of The Data Protection Officer. If entrants do not want NBC Universal to use their information in this way, entrants can tell NBC Universal when entering the competition or at any time by writing to NBC Universal as set out above.
7.18 A list of winners for each competition can be obtained by sending a stamped addressed envelope marked “[NAME OF COMPETITION]” to NBC Universal within 30 days from the date of the closing date of the competition.
7.19 Competitions Terms shall be governed by and construed in accordance with the laws of England and in relation to any disputes arising therefrom, shall be subject to the exclusive jurisdiction of the courts of England.
8 Disclaimer
8.1 While NBC Universal endeavours to ensure that the information and other materials created by us and included on this Website are correct, such information and other materials may contain, inter alia, inaccuracies and typographical errors. NBC Universal does not warrant the accuracy or completeness of any information or materials on this Website or the reliability of any statement or other information displayed or distributed through the Website (including, without limitation, the availability of a particular programme and/or the information provided by third parties through the use of the Website). You acknowledge that any reliance on any such statement or information shall be at your sole risk. NBC Universal reserves the right, in its sole discretion, to edit at any time any part of the Website and to make changes to the Website and to the materials, products, programmes, programs, services or prices described in the Website at any time without notice.
8.2 The material on this Website, including but not limited to the information, names, images, pictures, logos and icons relating to this Website, NBC Universal and/or any of NBC Universal's associated companies, programmes, products and services (or to third party programmes, products and services) is provided "AS IS" and on an "AS AVAILABLE" basis without any representation or endorsement being made and without warranty of any kind, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
8.3 NBC Universal does not warrant (and none of its associated companies warrant) that the functions contained in this Website will be uninterrupted or error free or that any defect will be corrected or that this Website or the content available on or via the Website or the server that makes either available are free of viruses or bugs. NBC Universal does not represent (and none of its associated companies represent) the full functionality, accuracy or reliability of any material. NBC Universal may terminate, change, suspend or discontinue any aspect of this Website, including the availability of any features of the Website, at any time without notice or liability.
9 Liability
9.1 Subject to 9.2, NBC Universal, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of NBC Universal’s associated companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way, in connection with your acceptance or use of any prize or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website or loss of earnings.
9.2 Nothing in these Terms of Use shall exclude or limit NBC Universal’s liability for:
(i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
(ii) fraud; or
(iii) misrepresentation as to a fundamental matter; or
(iv) any liability which cannot be excluded or limited under applicable law.
9.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
9.4 Without prejudice to any of the provisions in this paragraph 9, the liability of NBC Universal shall not exceed the amount, if any, paid by you to access this Website.
10 Your responsibilities
10.1 By transmitting, posting on or submitting via this Website any materials you:
(i) warrant that you are over 18 or (where you are not over 18) that you have permission from a parent or guardian to use this Website and that they have read and discussed these Terms of Use with you, all information provided by you to NBC Universal is true, accurate and up to date in all respects and your contribution is your own original work and you have the right to submit it and assign to NBC Universal all rights in it; and
(ii) irrevocably waive any moral rights in your submission.
10.2 You hereby agree to indemnify and keep indemnified NBC Universal from and against all claims, damages, expenses, costs and liabilities arising in any manner from your breach of any of these Terms of Use.
11 Law and jurisdiction
11.1 These Terms of Use shall be governed by and construed in accordance with English law. Disputes arising herefrom shall be exclusively subject to the jurisdiction of the English courts. Any cause of action you may have with respect to your use of this Website must be commenced within one (1) year after the claim or cause of action arises.
11.2 If any of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the law of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction in which that term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from that clause and the remaining Terms of Use shall survive and continue to be binding and enforceable.
11.3 NBC Universal makes no representation that materials on this Website are appropriate or available for use at other locations outside of the United Kingdom and access to them from territories where their contents are illegal or prohibited. If you access this Website from a location outside of the United Kingdom, you are responsible for compliance with all local laws.
12 Customer Feedback and Complaints
We welcome your questions and comments about the Terms of Use, privacy issues and the design of our Website. Should you have such questions. comments or have a complaint about how we are using your personal data, please send an e-mail to web@divatv.co.uk
These Terms of Use were last updated on 18th September 2007.
© NBC Universal, 2007