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	Upload Terms & Conditions	204 Tage her

	UPLOAD TERMS AND CONDITIONS BEAT (Working Title) Please read these terms and conditions (“Terms”) carefully before submitting any of your photographic images, photographs, video content or any other content (“Contributions”) you may wish Endemol UK Plc t/a Endemol Digital (“Endemol Digital”) to upload onto this website at www.bebo.com/beat (“the Website”). These Terms will apply as soon as you have submitted your Contributions. The Website is brought to you by Endemol Digital in collaboration with Bebo. Please refer to the FAQ’s (http://www.bebo.com/BlogView.jsp?Mem...) for more detail and information about uploading your Contributions and about the Website and the Beat show (“the Show”). Please be aware that Endemol Digital or Bebo may change these Terms at any time by posting changes online. Please review these Terms regularly to ensure you are aware of any changes made. 1. AGE AND ELIGIBILITY You represent and warrant that you are 13 or older and that you have the capacity to understand, agree to and comply with these Terms. 2. YOUR CONTRIBUTIONS (a) You may submit your contributions any time from 3rd June 2009 (this date may be subject to change) until 31st August 2009, and you acknowledge that any material submitted after this date cannot be included on the Website. (b) By submitting your Contributions, you hereby grant to Bebo and Endemol Digital a non-exclusive, irrevocable, sub-licensable (subject to Bebo’s Privacy Policy which you can find at http://www.bebo.com/Privacy2.jsp , and referred to in paragraph 12) royalty free licence to use, reproduce, modify, adapt, publish, distribute, excerpt, broadcast and make available to the public and exercise all rights in and to your Contributions worldwide in any media now known or hereafter invented (including for the avoidance of doubt in the Show and all allied and ancillary rights therein), including the right to incorporate other works with your Contributions and the right to promote the Website and the Show, for the full term of any rights that may exist in your Contributions and so far as possible, in perpetuity. (c) When you submit your Contributions to Endemol Digital, you acknowledge that Endemol Digital will not automatically upload your Contributions and will have sole discretion as to whether to upload your Contributions onto the Website. All decisions are final and may not be appealed. Unfortunately we do not have the time to notify you whether your Contributions are going to be posted onto the Website, and you acknowledge that there may be some delay from the time you submit your Contributions to the Contributions appearing on the Website. You may be notified in advance if Endemol Digital decide to include any of your Contributions on the Website, however due to the volume of contributions submitted we may not contact contributors in all cases. If your Contributions are chosen to be on the Website, you agree that Endemol Digital and Bebo have the right to use your name, likeness and biography in relation to your Contributions being included on the Website. (d) Endemol Digital and Bebo have no obligation to produce the Website or the Show or to use your Contributions in any way whatsoever. (e) Endemol Digital and Bebo shall have no responsibility to return any Contributions to you. (f) If Endemol Digital like your Contributions, as well as including them on the Website, they may decide that you should be selected as the winner of that week’s co-presenter competition, and will contact you to ask you if you would like to film another video and send that to Endemol Digital so that Endemol Digital can include it as part of the Show on the video-player present on the Website. ANY SUCH FURTHER VIDEO THAT YOU UPLOAD SHALL BE DEEMED TO BE A CONTRIBUTION AND SUBJECT TO THE SAME TERMS AND CONDITIONS AS HEREIN. 3. WARRANTIES You warrant that your Contributions: (a) are your own original work and that you have the right to make it available to Bebo and Endemol Digital for all the purposes specified at paragraph 2 above; (b) if they contain third party material, you have obtained permission for both you, Bebo and Endemol Digital to use such third party material as specified at paragraph 2 above, including permission from the owners of all copyright, performance rights, image rights, music publishing rights, publicity rights, design rights, trade marks, trade secrets, privacy rights (including the third party’s consent under the Data Protection Act 1998 ) or other proprietary rights, (c) they do not infringe the rights of any third party, including any of the rights listed in paragraph (b) above; (d) they are not defamatory, libellous or obscene or showing any nudity, violence, crime, dangerous behaviour, encouragement of under-age drinking, encouragement of drug taking, sexual content or incitements to religious hatred or otherwise unlawful activities and will not cause harm or offence or bring Bebo or Endemol Digital into disrepute; (e) they do not contain third party material of any person under 13 years of age; (f) if any third parties are depicted in your Contributions, you have obtained written permission or on-camera permission from such third parties, including written permission from the parents/guardians of anyone below 18 seen in the Contributions; (g) do not violate any applicable law, or Bebo’s terms of service. You acknowledge that Endemol Digital may moderate any of your Contributions and if they believe your Contributions breach any of the provisions in this paragraph, they may decide not to make use of your Contributions in any way or to remove your Contributions from the Website. 4. CONSENTS If your Contributions contain any performances, you hereby grant to Endemol Digital and Bebo in relation to your performance(s) and agree that you have procured from any third parties featured in your Contributions and grant on all such third parties’ behalf, all relevant consents (whether pursuant to the Copyright Designs and Patents Act 1988 or otherwise) sufficient to enable Bebo and Endemol Digital (and their assigns and licensees) fully and freely to exploit the Contributions in accordance with these Terms. You also hereby waive, and agree that you have procured that any third parties featured in the Contributions have waived any and all moral rights with respect to the Contributions whether pursuant to the Copyright Designs and Patents Act 1988 or otherwise. If you believe that you have not obtained the relevant consents and permissions in respect of any third party contributions contained in the Contributions, you agree to notify Endemol Digital immediately after submitting your Contributions by emailing beathelp@endemoluk.com and including in your notification email your name and the email address from which you submitted your Contributions, and you agree that Endemol Digital may contact you in order to discuss and assist if possible in obtaining any relevant permissions and consents from any such third parties. Please note that paragraph 2(d) applies and Endemol Digital has no obligation to contact you. 5. INDEMNITY You agree to indemnify Endemol Digital and Bebo against all losses, costs, claims, legal fees, damages and other expenses that may be incurred by Endemol Digital, Bebo, and any sponsors of the Show if you breach the warranties in paragraph 3, or arising from your Contributions. 6. REMOVAL OF YOUR CONTRIBUTIONS If you would like your Contributions removed from the Website Endemol Digital will endeavour to do this within -a maximum of 14 working days after Endemol Digital has received the request by email to beathelp@endemoluk.com (“Email Address”) or in writing to the following address ‘Beat’ Endemol UK Plc t/a Endemol Digital Shepherds Building Central Charecroft Way Shepherds Bush London W14 OEH (“Postal Address”) 7. INTERACTION WITH YOUR CONTRIBUTIONS You acknowledge that some of the content on the Website is generated by members of the public in the form of comments on your Contributions. The views expressed are theirs and unless specifically stated are not those of Bebo or Endemol Digital. If you are unhappy with any of the comments, you may request removal of your Contributions from the Website in accordance with paragraph 6. If you consider any comments to be in breach of Bebo’s Terms of Service (http://www.bebo.com/TermsOfUse2.jsp ), please email us at beathelp@endemoluk.com and Endemol Digital and we will review your complaint. Any decision whether to remove a comment from the Website is at Endemol Digital’s and Bebo’s discretion and there will be no right of appeal against any of Endemol Digital’s or Bebo’s decisions in this instance, provided you are free at all times to request removal of your Contributions in accordance with paragraph 6. 8. EXTERNAL THIRD PARTY WEBSITES Endemol Digital and Bebo are not responsible for the content of any external sites referenced or linked on the Website. All external sites will operate upon their own terms and conditions and privacy policies and you use all such external sites at your own risk. 9. TECHNICAL FAULTS You accept and agree that Endemol Digital and Bebo are not responsible or liable for any latency, disruptions or any service problems that occur in relation to the Website and the submission of your Contributions. 10. INTELLECTUAL PROPERTY (a) The names images logos pictures and all content and icons relating to the Website, the Show, Endemol Digital, Bebo and any of Bebo’s sponsors or advertisers and those of any third parties’ are the sole property of Endemol Digital, Bebo, their advertisers or sponsors and their associated companies and/or third parties and nothing in these Terms shall be construed as conferring any licence or right to you to in relation to the same unless expressly stated otherwise. (b) All content on this site (excluding all Contributions) including without limitation all music, graphics, designs, logos, text, the “look and feel” of the Website, all applications, software, pictures, videos, sound and other files and their arrangements (“Site Content”) is the property of Endemol Digital and/or Bebo, their users or their licensors with all rights reserved. You may not modify, copy, distribute, frame, reproduce, publish, download, display, post, transmit, sell or exploit in any form the Site Content without Endemol Digital and Bebo’s prior written consent. 11. DISCLAIMER All Site Content is provided on an ‘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 implied warranties of satisfactory quality, fitness for purpose, non-infringement, compatibility, security and accuracy. Endemol Digital and Bebo do not warrant the accuracy or completeness of any Site Content. You acknowledge that your reliance on any statements on the Website is at your sole risk. Bebo and Endemol Digital reserve the right to modify alter or correct any omissions or errors in any part of the Website at any time without notice. In no event shall Endemol Digital or Bebo or any third party be liable to you for any damages or loss arising from any errors or omissions or loss of content or the Contributions or arising in connection with the Website, whether in an action in contract, negligence or tort, provided that these exclusions do not apply to death or personal injury caused by Endemol or Bebo’s negligence and only apply to the extent permitted by law. 12. PRIVACY AND DATA PROTECTION Your Contributions and any other personal information (such as your name, age, email address and other personal information contained in the submission form) will be submitted to and held by Endemol Digital. Endemol Digital will share your Contributions and other personal information with members of its production team and Bebo but only as is necessary to contact you about your Contribution, operate the Website and produce the Show. For the avoidance of doubt, if Endemol Digital posts a Contribution, your Bebo username will be used, not your real name (unless your user name is the same as or contains your real name). When you send your Contributions and any other personal information in connection with the Show to Endemol Digital, you do so subject to this Clause 12 and to the extent any personal information is shared with Bebo, Bebo’s privacy policy (which can be found here http://www.bebo.com/Privacy2.jsp. Please read Bebo’s privacy policy and this clause 12 before submitting your Contributions or any other personal information as it contains further important information about our use of your personal information. Endemol Digital will keep your personal information secure and will only use it for the purposes set out in this Privacy and Data Protection Policy and the Terms. Endemol Digital may use your personal information for the purposes described in these Terms and in particular (a) the selection of Contributions for the Website and the Show (including contacting you about your Contribution if necessary) (b) the development and production, distribution, advertising and promotion of the Website and the Show, and (c) to comply with any applicable laws and regulations. If you wish to no longer be registered as a contributor for the Website and Show, or to be contacted by us or should you no longer wish us to hold data about you, you can opt out by simply contacting us at the Email Address or the Postal Address addressed to beathelp@endemoluk.com. 13. LAW AND JURISDICTION The Terms shall be governed by and construed in accordance with the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction over any disputes arising in relation thereto. If any of the Terms shall be found to be unenforceable illegal or invalid, they shall be severed and deleted and the remaining Terms shall continue in full force and effect. Any Bebo terms and policies referenced herein shall be subject to the laws indicated therein.

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