Terms and conditions

These are the rules which apply to video, photos, text, audio and any other User Generated Content (“Content”) you submit to Orange. Read these rules carefully – they contain important information regarding how you may use Orange services and how Orange may use your Content.

1. Submissions

1.1 You are entirely responsible for Content submitted by you. You agree and confirm that you will abide by the following in relation to any Content you submit:

a) Before you feature anyone else in your submission, you must have obtained their consent to film or photograph them and to submit the Content to Orange.
b) Everything you submit must be your own original work and not copied from anyone else’s. By submitting Content you agree and confirm that your submission does not infringe the copyright or any other rights of any third party. If you include anyone else's material in your submission, you must have obtained their permission to do so. If you don't, you will be infringing the copyright in the material. This includes material downloaded or copied from a website. Musical compositions (such as lyrics, composition and arrangement) must be your own work or cleared by the appropriate rights holder.
c) Do not include anything that is illegal, pornographic, obscene, indecent, harassing, threatening or offensive.
d) Do not mention any court cases or arrests – this could constitute contempt of court.
e) Do not include anything about any living person or business which is defamatory, libelous or slanderous.
f) Do not include anything which is racist, abusive, malicious or derogatory (toward an individual or business entity).
g) Do not submit anything confidential, covertly film or photograph anyone or infringe anyone's right to privacy.
h) Nothing in your Content should promote, show or encourage cruelty, bullying, violence, vandalism, fraudulent or criminal acts.
i) Do not include images or descriptions of anything which could cause physical harm to anyone if replicated.
j) Do not include personal contact details (including where you work or live) or anyone else's personal contact details in your Content.
k) Content must not feature predominantly or solely a trademark or logo.
l) Nothing in the Content must be offensive or derogatory to any person or group based on their race, ethnicity, skin colour, sexual orientation, gender, or religion.
m) Content must not be submitted for advertising, promotional, lobbying or other commercial purposes.
n) No Content should feature celebrities or public figures unless you have their permission or if you are the celebrity or public figure in the Content.
o) Content should not bring Orange into disrepute.
p) No nudity, sexual activity or foul language may be included in any Content.
q) You must have obtained (and continue to hold all consents and licences during your use of all Orange services) all consents and licences necessary for you to submit Content and for it to be used on Orange.
r) If any under 16s are shown in the Content, the written consent of their parent or guardian must be obtained.
s) Content must not contain viruses, Trojans or other harmful elements.
t) Participation in any Content is at your own risk.
u) No sums are payable to any person whatsoever with respect to the grant of rights at condition 3 save as specified in that clause.
v) You may be held legally accountable for your submission if you are in breach of the items listed above.

1.2 You agree that Orange may suspend or terminate your account, at any time and without notice, if Orange believe that you have violated or acted inconsistently with the letter or spirit of these rules, or for any other reason.

1.3 All decisions made by Orange are final and no correspondence will be entered into.

1.4 Your Content is submitted to Orange for consideration for inclusion on the Orange website and it shall be displayed to and accessible by Orange users. Accordingly it shall not be confidential.

1.5 Your submission may be created in any digital format. Orange accepts no responsibility for loss or damage or delay of Content during the upload process.

1.6 Your Content is made at your own expense and Orange shall not be liable to reimburse any expenses incurred in making a submission.

1.7 Orange or its third party contractors may review the Content you submit to it but do not undertake to do so. Orange may reject or accept your Content for any reason in its absolute discretion. If your Content contains what appears to be illegal conduct, Orange may notify law enforcement authorities.

2. Rights to use your Content

2.1 You retain ownership in your Content.

2.2 You irrevocably and unconditionally grant to Orange (and those authorised by it) all necessary rights and consents for the full period of copyright to use any Content you submit, for any purposes including without limitation the ability for Orange to digitize, encode, publish and transmit the Content across its mobile network and broadband network and on web and wap sites owned or controlled by it or by any third party technical provider) and otherwise in any way in any media (including promotional material, associated services, and any other ancillary use) and in any part of the world through any medium now known or hereinafter invented. Such right to use is royalty-free and no payment is, or shall be, due to you.

2.3 You grant to Orange the non-exclusive right to syndicate to third party websites or services.

2.4 You permit Orange or its third party agents to edit or change the Content in any way that it deems necessary in its sole discretion.

2.5 You irrevocably and unconditionally waive any so-called "moral rights" or “performers’ rights” in the Content (as set out in the Copyright, Designs and Patents Act 1988 or otherwise) that you now have or may acquire in relation to the Content.

2.6 Any material created by or on behalf of Orange utilizing your Content or any component therein is and shall remain the property of Orange, but for clarity you retain ownership of your Content.

3. Limitation of Liability and Indemnity

3.1 Orange does not endorse any Content or any opinion, recommendation or advice contained therein and Orange disclaims any liability in connection with Content.

3.2 Orange accepts no liability for any misuse of intellectual property rights.

3.3 You agree that under no circumstances will Orange or its third party contractors be responsible or liable to you or any other person or entity for any direct, indirect, incidental, consequential or other damages (including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses) arising out of or relating in any way to Orange, the use or the inability to use the service, unauthorised access to or alteration of your transmissions or data, the materials available on or through the site, even if any of these parties have been advised of the possibility of any damages.

3.4 Nothing in these terms of use affects the statutory rights of any Orange user under applicable laws or excludes or limits Orange’s or its third party contractor’s liability for death or personal injury arising from their negligence or fraud, or for any other liability which cannot be excluded or limited under applicable law.

3.5 The Orange website is made available in the UK. Should you access the Service from a jurisdiction other than the UK, Orange makes no representations that the Service is appropriate or legal.

4. Your Password Where a service requires the use of a password, you must not under any circumstances allow any other person to access Orange using your password. In the event that your password is learned by another person you must immediately reset it. You are responsible for all actions (including misuse or breach of these rules) that take place as a result of use of Orange by means of your password. In the event of a breach of these rules by anyone whom you allow to use your password the breach will be treated as a breach by you.

5. Publicity You grant Orange the right to issue publicity concerning your Content and to use for such purposes your name and other details providing during registration or submission. You agree to participate in publicity as reasonably requested.

6. Intellectual Property Rights related to Orange and User Generated Content The names, images and logos identifying Orange or third parties and their products and services are proprietary marks of Orange, its associated companies and/or third parties. All copyright, trade marks and other intellectual property rights (including the design, arrangement and look and feel) and all material or Content supplied (apart from your and other users’ Content) shall remain at all times the property of Orange or its licensors.

7. To Make a Complaint If you believe any Content has infringed or violated your rights, including by defaming you or infringing your copyright, please refer to our guidelines on how to report abuse. Orange shall endeavour to promptly remove Content which is reported to it where it agrees, based on its sole judgement is in breach of these rules, but cannot guarantee to do so.

8. General

8.1 If any provision of these terms and conditions is held invalid by any law, rule, order or regulation of any government, or by the final determination of any court of a competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions not held to be invalid.

8.2 Our terms and conditions shall be governed by and construed in accordance with English Law. Both you and Orange hereby submit to the exclusive jurisdiction of the English courts.

8.3 Orange reserves the right to review and revise these rules from time to time by posting them here. By using/accessing Orange services subsequent to any revision of these rules, you agree to be bound by such changes. You should periodically check the terms for changes.

8.4 References to Orange in these rules are to Orange Personal Communications Services Limited and Orange Home UK Limited, both of St James Court, Great Park Road, Almondsbury Park, Bradley Stoke, Bristol BS32 4QJ.