Terms and Conditions of Use
The Comedy Central channels and the Comedy Central Website (being www.comedycentral.co.uk ) ("the Website") are owned and operated by the Paramount UK Partnership ("Comedy Central") which is a partnership between Paramount British Pictures Limited and BSkyB Comedy Limited. Our principal place of business is 180 Oxford Street, London, W1D 1DS.
By registering with, using or visiting the Website, or sign up to our newsletter, you agree to these Terms and Conditions of Use (“Terms”) set out below. By going on to use the Website, you agree to be bound by these terms in their entirety. Should you not agree with any of the Terms and Conditions of Use you may not use the Website.
1. All copyrights and other rights in the materials included in these web pages, including, but not limited to audio clips, video clips, text and images, are owned and controlled by Comedy Central or under licence to it. You may only download this material for your own personal, non-commercial use. You are not permitted to download, copy, broadcast, store, transmit, add to, create a derivative work, adapt or alter in any way the content of the web pages that are part of the Website, or any part of them, for any other purpose without the prior written permission of Comedy Central.
2. You must be 18 years or over to register as a member of the Website. You must provide us with true, accurate, current and complete information about yourself (as prompted by the registration form). You accept it is your sole responsibility to maintain the confidentiality of your password and you are entirely responsible for any and all activities that occur under your account. You agree to: (a) notify us immediately of any unauthorised use of your account or any other breach of security; and (b) exit from your account at the end of each session. We reserve the right to ask for written proof of age or eligibility from you. If we discover or suspect that you do not comply with the age requirements, we reserve the right to suspend or terminate your membership of the Website or use of the Website immediately and without notice and/or disqualify you from any application process. You are entirely responsible for keeping your password and other account details secret. You will be responsible for all activity that occurs under your account by another person if you fail to take reasonable measures to keep your account details secret. You agree to notify us immediately if you know of any unauthorised use of your account or any other breach of security and to exit from your account at the end of each session. These security measures are important and we cannot take any responsibility for inconvenience, loss or damage you suffer as a result of failing to comply with them.
3. In accessing the Website, you agree to do so only for your own personal, non-commercial use and in accordance with the Terms. Unless otherwise stated, you may not copy, reproduce, download, post, store (including in any other website), distribute, transfer, transmit, broadcast, commercial exploit or modify in any way the Website’s material or content or permit or assist any third party to do the same. You agree: (i) to use the Website for lawful purposes only, in a manner which does not improperly infringe the rights of, or restrict or inhibit the use and enjoyment of, the Website by any third party. Such restriction or inhibition includes, but is not limited to, conduct which is libellous, in breach of anyone’s privacy or which may harass, cause real distress or inconvenience to any person and the transmission of obscene or offensive content or interruption of the normal flow of dialogue within the Website; (ii) not to use the Website in any way that may damage or disrupt another computer; (iii) not to transmit, upload or post any computer viruses or any harmful or deleterious files or programmes; (iv) not to use the Website in a way that causes our online services to be interrupted, damaged, impaired or rendered less effective; (v) not to transmit, upload or post any material which is defamatory, offensive, racist, vulgar, libellous, pornographic, obscene or menacing or which could cause annoyance, inconvenience or needless anxiety to anyone else; (vi) not to use the Website as a means to threaten, stalk, harass, abuse or insult anyone else; (vii) not to use the Website to collect personal data about other users (for example to use for “spam”); (viii) not to create a false identity that misleads others about the identity of the sender or the origin of a message, for example, you must not impersonate a Comedy Central employee or another user or company; (ix) not to transmit or otherwise make available any unsolicited or unauthorised advertising or promotional materials, for example, junk mail, spam, chain letters, pyramid schedules or other similar materials; and (x) not to act in any other way that could reasonably be expected to affect us adversely or reflect negatively on our goodwill, name or reputation.
5. As part of our online services we may provide various message boards, chat rooms, weblogs, upload facilities, profile pages and other message and communication facilities that provide you with the ability to submit, display and exchange information, messages and other content with us and with other users. Many of our online services are public and material you submit may be read and viewed by other people without your knowledge or specific permission. You should only provide material or messages that you are willing for other people to see. This does not refer to emails or messaging services. You should be careful not to disclose personal information (for example, your full name, address and financial details) in any material or messages when you use our online services). By uploading any material (including photographs, artwork, messages, videos and images) to our online services, you hereby irrevocably and unconditionally assign to us with full title guarantee (and by way of present assignment of present or future rights) all intellectual property rights in any material throughout the world for the full unexpired period of such rights and all renewals, reversions and extensions of such period as may be provided under any applicable law throughout the world. You also hereby irrevocably and unconditionally waive in favour of us, our affiliates and their licensees, assigns and successors in title, all moral rights in any submissions and/or footage to which he or she is, or may at any time in the future be, entitled.
6. The Website and its content is provided by Comedy Central on an "as is" and on an "as available" basis. Comedy Central makes no warranty of any kind, express or implied, in respect of the fitness of the Website and its content for a particular purpose or its satisfactory quality other than those warranties incapable of exclusion or restriction by reason of statute. Neither does Comedy Central make any warranty or representation in respect of the accuracy or completeness of any information included in the pages nor in respect of the functionality and operation of the Website. By way of example only, Comedy Central does not warrant that the service is error or virus-free or will continue uninterrupted. Under no circumstances (including where caused by the negligence of Comedy Central, its employees, agents or contractors) except in cases of death and/or personal injury arising from Comedy Central’s negligence will Comedy Central be liable to you in contract, tort, negligence, statutory duty or otherwise for any loss or damage or compensation including, without limitation, direct, indirect or consequential damages, arising from your use or loss of use of the Website, or of the material contained within its pages.
7. Our online services may contain links to other websites which are not controlled by us. Any such links are provided solely for your convenience and this does not amount to an endorsement by us of that website or its content. If you use those links you will leave our online services and if you decide to visit any linked site, you do so at your own risk. These legal terms and conditions apply to your use of our online services and we cannot be responsible for any content, or products and services available on any other website as we do not control them.
8. Should any link to one or more third party websites be included within the Website, such inclusion is in no way a representation, endorsement, warranty or guarantee regarding any aspect of such third party website(s). Comedy Central is in no way responsible for the content of or any aspect of any third party website. 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. Comedy Central 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) or for any damage, loss or offence caused by or, in connection with, the same. Any terms, conditions, warranties or representations associated with such dealings, are solely between you and the relevant provider of the service.
9. Should any product be displayed on the Website, such display is in no way an offer by Comedy Central to sell such product. A displayed product may contain a link to a third party website offering such product or other products for sale ("the Sale Site"). Comedy Central will not pass any personal information it may hold regarding you to the Sale Site. Your use of the Sale Site will be subject to its terms and conditions of use and/or any other policy. Comedy Central is in no way responsible for any aspect of the Sale Site. Comedy Central is not a party to any purchases made using the Sale Site. Comedy Central makes no warranties, representations or guarantees regarding the Sale Site, its owners and/or operators or any products featured on this page or any area of the Sale Site. Comedy Central has no liability for any failure by the operators of the Sale Site to fulfil any aspect of any purchase made.
10. Should you subscribe to any marketing communications (including newsletters) or otherwise agree to receive information from Comedy Central or third parties, your information may be transferred to other entities should such transfer be necessary in order to carry out the Purposes, including entities in the United States of America). By subscribing to any newsletters, you acknowledge that U.S law providers a lower standard of protection for personal data than the laws of various countries including, but not limited to, the European Union. To unsubscribe from a newsletter at any time, click on the relevant link on the newsletter (which can be found at the bottom of the communication).
11. Any competition conducted by Comedy Central shall be governed by: (i) the terms and conditions specific to such competition ("the Specific Conditions"); and (ii) the General Terms and Conditions for Competitions (as published on the Website). Should there be any conflict between the Specific Conditions and the General Terms and Conditions for Competitions, the Specific Conditions shall prevail.
12. Premium Rate SMS Competitions through our Mobile Service:
12.1 Disclaimer of Warranties/Promises
12.1.1 We, as a service provider, contract with Distributors for facilities to enable the provision and billing of the Mobile Service to you.
12.1.2 As such, components of the Mobile Service are supplied to us and/or to you directly by third parties and we can make no promises, express or implied as to such elements of the Mobile Service, including without limitation, its accuracy, relevance or quality. The Mobile Service is subject to the limitations of the enabling technology on which they rely and may be adversely affected by network performance and other technological or operational factors beyond our control such as congestion, network coverage, dropped connections and the performance of your mobile device.
12.1.3 In relation to those components of the Mobile Service under our control, we will always seek to uphold the rights that you are entitled to at law including your right to receive a satisfactory service from us and we will seek to correct any errors or omissions that are brought to our attention. Other than in respect of these rights, the Mobile Service is provided on an "as is" or "as available" basis and we make no promises or representations, whether express or implied, in relation to the Mobile Service, including but not limited to implied promises or conditions of completeness and accuracy.
12.1.4 Where the Mobile Service is provided to you directly by a Distributor, the take up and use of the Mobile Service by you may be subject to the Distributors own terms and conditions. However, you will remain bound by these terms and conditions to us where applicable and in the event of a conflict between the Network Operator's terms and conditions and these terms and conditions, these terms and conditions shall prevail.
12.1.5 You acknowledge that subject to 12.1.2 above: (a) it is technically impossible to provide the Mobile Service free of faults and that we do not undertake to do so; (b) faults may lead to temporary unavailability of the Mobile Service; (c) the results that may be obtained from the use of the Mobile Service may include inaccuracies or typographical errors; and (d) the operation of the Mobile Service may be adversely affected by conditions and performances outside our control, including without limitation, transmission and telecommunications links between us and you, between different parts of our company, and between us and other systems and networks.
12.1.6 In addition to 12.1.5 above, we will not be liable to you for failures, defects or delays in the delivery of the Service which are caused by any of the following: (a) you have provided an incorrect phone number, incorrect spelling or other incorrect information in connection with the Mobile Service; (b) your mobile device does not support the Mobile Service (for a full list of compatible handsets please click here; (c) your message mailbox is full and has no memory to receive a download of the Mobile Service; (d) your mobile device is out of range or cannot be contacted for any other reason; (e) you accidentally erase the Mobile Service provided to you; or (f) your failure to comply with the instructions for use of the Mobile Service as explained by us and/or your Distributor.
12.2 Limitation of Liability
12.2.1 We do not seek to limit or exclude our liability for death or personal injury arising from our negligence or that of our employees or agents nor for fraud.
12.2.2 Other than as set out in 12.2.1, we shall not be liable in contract, tort, negligence, statutory duty or otherwise, for any loss or damage whatsoever arising from or in any way connected with this Contract or the use or performance of the Mobile Service in respect of any:
(a) loss of business;
(b) loss of profits, business interruption, loss of business information; or
(c) any other pecuniary loss;
nor shall we be liable to you for any damage to your mobile or other device or loss of data that results from your use of the Mobile Service and we cannot guarantee that any files that you download are free from viruses, contamination or destructive features.
12.2.3 Subject always to 12.2.1 and 12.2.2 above, our total liability arising out of or in connection with the Mobile Service and/or this Contract shall be limited in aggregate to 100% of the price you have paid for the relevant Mobile Service from us.
14. These Terms and Conditions of Use and the Additional Conditions shall constitute the entire agreement between Comedy Central and yourself in respect of your use of the Website (including, without limitation any party thereof or any service provided therein) and shall supersede any and all prior arrangements, agreements and representations.
15. Each of these Terms and Conditions of Use and each of the Additional Conditions shall be construed separately. In the event that the whole or part of any term or condition proves to be illegal or unenforceable, the remaining terms and conditions shall continue in full force and effect.
16. Should there be any conflict between these Terms and Conditions of Use and any other terms and conditions appearing on the Website ("the Additional Conditions") then the Additional Conditions shall prevail.
17. Each provision of these terms excluding or limiting liability is to be construed separately and will apply and survive even if for any reason one or another of those provisions is held to be inapplicable or unenforceable in any circumstances. Each of the provisions of these terms excluding or limiting liability will remain in force notwithstanding any termination of these terms of termination or suspension of your action to our online services.
18. Should you breach any of the Terms and Conditions of Use or the Additional Conditions, Comedy Central (in addition to any other rights or remedies that it might have) may suspend or terminate your access to the Website immediately and without notice. We have the right to suspend or terminate your access to our online services or any aspect of them if you do not comply with these terms or if we have reasonable grounds to believe that you are likely to breach them. We will use reasonable efforts to give you reasonable prior notice if our intention to suspend or terminate your access unless your non-compliance is or could be against the law, is adversely affecting other users of our online services or could damage our reputation.
19. If you want to make a complaint about any of our online services or if you think your or someone else’s intellectual property or other rights have been infringed by our online services you can do so by submitting full details using our email contact form. If you have a complaint about a particular item of content that has been uploaded by another user you may click on the flag next to that item and select the category which is appropriate to the nature of your complaint.
20. No waiver by Comedy Central shall be construed as a waiver of any preceding or succeeding breach of any provision.
21. Comedy Central reserves the right at its absolute discretion to alter and update these Terms and Conditions of Use and the Additional Conditions. Such changes will be added to the Website from time to time. You agree that your continued use of the Website after the date of inclusion of such changes signifies your acceptance of these modifications. If you do not agree to any change in these Terms and Conditions of Use or the Additional Conditions you must immediately stop accessing and/or using the Website.
22. These Terms and Conditions of Use and the Additional Conditions shall be governed by and construed in accordance with the laws of England. Accordingly, any disputes arising shall be subject to the exclusive jurisdiction of the courts of England. The Website is only intended to be accessed from the United Kingdom and Republic of Ireland. Comedy Central makes no representation that materials on the Website are appropriate or available for use at other locations and access to them from territories where their contents are illegal is strictly prohibited. If you access the Website outside of the United Kingdom or Republic of Ireland, you are responsible for compliance with all local laws. If any of the Terms are held by any court or competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms which will continue to be valid and enforceable to the fullest extent permitted by law. Comedy Central can transfer its rights and obligations under the Terms to any company, firm or person provided this does not affect your rights under the Terms. You may not transfer or assign your rights or obligations under the Terms to anyone else and your membership is personal to you.
These Terms and Conditions of Use were last updated 24 May 2012.