Funkytv Terms & Conditions of Use

Your videos are your own. Funkytv claims no ownership rights to the content you submit to the site. You may modify or delete your own content at any time.


You are responsible for the content that you upload to Funkytv. By submitting content to this site, you affirm that you own or have acquired all rights to your submission and content. You must not submit content to our site that is offensive, abusive, libelous or in violation of the laws in your jurisdiction or these Terms and Conditions. Funkytv reserves the right to reject or remove such content from the Website.


Funkytv reserves the right to terminate your account if you do not comply with the terms and conditions.

Terms and Conditions of Use


Your Acceptance

  1. By using and/or visiting this website (collectively, including all Content available through the Funkytv domain names, the "Funkytv Website", or "Website"), you signify and confirm your agreement to (1) accept and comply with these terms and conditions (the "Terms of Service"), (2) the Funkytv privacy notice.

    If you do not agree to any of these terms, the Funkytv privacy notice, or the Community Guidelines, please do not use the Funkytv Website.

  2. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version http://www.funkytv.com/terms). Funkytv may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

Your Conduct and Responsibilities

You hereby agree to the following with regard to your use of the Website, Service or Software:

  1. You shall provide accurate, true and current information as prompted during the registration process and shall maintain and update such information to keep it accurate, true and current at all times.

  2. You shall be solely responsible for all activity associated with your account, including, without limitation any posted data, text, links, video clips, photos, other media content and comments regardless of whether or not you are the person posting such content or comments (collectively, the "User Material").

  3. You represent and warrant that all User Material that you post to the Website shall be your wholly original material (except for material that you are using with the permission of its owner), and will not infringe any copyright, trademark or other rights of any third party including without limitation any rights of privacy or publicity.

  4. You shall be solely responsible for keeping a duplicate copy of all User Content that you post to the Website and we do not accept any responsibility or liability for the loss of your User Material.

  5. You shall not share your password with any other person or post it on this or any other website. "Partner" shall mean any person, entity or organization with whom Funkytv enters into any kind of business transaction relating to the Service or User Material. Neither Funkytv nor any of its Partners is responsible or liable for any unauthorised use of your account.

  6. You shall not use the Funkytv Service for any illegal or unauthorised purpose.

  7. You shall not attempt to hack, destabilize or adapt the Funkytv Website or Software or its source code, or alter another website so as to falsely imply that it is affiliated with Funkytv.

  8. You shall not transmit worms, viruses or any code of a destructive nature to Funkytv or its users.

  9. You shall not, without our prior express written permission, use any high volume automated means (including but not limited to robots, spiders and scripts) to access the Website or Service.

  10. Your account shall be terminated if it is used for hosting graphic elements of web page designs, icons, buddy icons, forum avatars, badges and other elements outside of the Funkytv Website or Service.

  11. We may make third party software and/or services (such as upload software and tape transfers) available to you in conjunction with the use of Funkytv Website and Service. You are responsible for ensuring that you are in possession of any and all necessary licenses or other documentation for the products provided by any third party and that you understand and comply with the terms and conditions of such licenses.

  12. You are solely responsible for obtaining and maintaining all equipment and services needed for access to and use of the Website, Services and Software and for paying all charges related thereto.

  13. Any comments, suggestions, or feedback relating to the Website, Service or Software (collectively "Feedback") submitted to Funkytv shall become the property of Funkytv. We will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, Website or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future Website, Service, Software or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere. We will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

  14. You shall not abuse, harass, threaten, harm or impersonate other Funkytv users or employees of Funkytv or any of its Partners, at any time or for any reason.

  15. You shall not post User Material deemed hateful, threatening, pornographic, obscene, abusive, racially or ethnically offensive, libelous or defamatory, or any content that encourages conduct that would be considered a criminal offense or bring forth civil liability.

  16. You shall not broadcast or send any form of advertising, mass communication or solicitation to any Funkytv users.

  17. You understand that when using the Website or Service, you will be exposed to User Material provided by other users and you agree that neither Funkytv nor any of its Partners is responsible for the accuracy, safety, appropriateness or intellectual property rights of or related to such content. If you believe that another user has violated the Terms and Conditions or has engaged in unlawful behavior on the Funkytv Website, please let us know.

Your Use of Content on the Site

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Funkytv Website.

  1. The content on the Funkytv Website, except all User Material (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Funkytv, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Funkytv reserves all rights not expressly granted in and to the Website and the Content.

  2. You may access User Material solely:
    • for your information and personal use;
    • as intended through the normal functionality of the Funkytv Service;
    • and for Streaming.
    "Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Funkytv Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available "as is."

  3. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Funkytv Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Funkytv Service or otherwise as prohibited under this Agreement.

  4. You may access Funkytv Content, User Material and other content only as permitted under this Agreement. Funkytv reserves all rights not expressly granted in and to the Funkytv Content and the Funkytv Service.

  5. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Material of third parties obtained through the Website for any commercial purposes.

  6. You agree not to circumvent, disable or otherwise interfere with security-related features of the Funkytv Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Funkytv Website or the Content therein.

  7. You understand that when using the Funkytv Website, you will be exposed to User Material from a variety of sources, and that Funkytv is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Material. You further understand and acknowledge that you may be exposed to User Material that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Funkytv with respect thereto, and agree to indemnify and hold Funkytv, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

Your User Material and Conduct

  1. As a Funkytv account holder you may submit video content ("User Videos") and textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Material." You understand that whether or not such User Material are published, Funkytv does not guarantee any confidentiality with respect to any User Material.

  2. You shall be solely responsible for your own User Material and the consequences of posting or publishing them. In connection with User Material, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Funkytv to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Material in the manner contemplated by the Website and these Terms of Service.

  3. For clarity, you retain all of your ownership rights in your User Material. However, by submitting User Material to Funkytv, you hereby grant Funkytv a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Material in connection with the Funkytv Website and Funkytvís (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Funkytv Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Funkytv Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Material as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the Funkytv Service. You understand and agree, however, that Funkytv may retain, but not display, distribute, or perform, server copies of User Material that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.

  4. In connection with User Material, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Funkytv all of the license rights granted herein.

  5. Funkytv does not endorse any User Material or any opinion, recommendation, or advice expressed therein, and Funkytv expressly disclaims any and all liability in connection with User Material. Funkytv does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Funkytv will remove all Content and User Material if properly notified that such Content or User Material infringes on another's intellectual property rights. Funkytv reserves the right to remove Content and User Material without prior notice.

Copyright

Funkytv and its Partners respect the intellectual property of others, and we ask you and all of our users to do the same. Funkytv may remove content from the Website that violates these policies and/or disable and/or terminate the accounts of users who may violate our policies. If you believe that your User Material has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Funkytv with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

  • A description of the copyrighted work or other intellectual property that you claim has been infringed;

  • A description of where the material that you claim is infringing is located on the Website;

  • Your address, telephone number, and email address;

  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

By mail:

Funkytv.com, 24 Fellside, Harwood, Bolton, BL2 4HB, UK

By email:

info@funkytv.com

Trademarks; Ownership

The content on the Funkytv Website, Service and Software, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Funkytv Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by Funkytv, subject to copyright and other intellectual property rights under United Kingdom and foreign laws and international conventions. Funkytv Content on the Website, Service and Software is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Funkytv reserves all rights not expressly granted in and to the Website, Service and Software and the Funkytv Content. You agree to not engage in the use, copying, or distribution of any of the Funkytv Content other than expressly permitted herein, including any use, copying, or distribution of User Material of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Funkytv Content for personal use, you must retain all copyright and other proprietary notices contained therein.


Third Party Websites

The Funkytv Website may contain links to third party websites that are not owned or controlled by Funkytv. Funkytv has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Funkytv will not and cannot censor or edit the content of any third party website. By using the Website, you expressly relieve Funkytv from any and all liability arising from your use of any third party website. Accordingly, we encourage you to be aware when you leave the Funkytv Website and to read the terms and conditions and privacy policy of each other website that you visit.


Subscriptions and Fees

Funkytv reserves the right at any time to charge fees for access to new Funkytv Content or Services or to portions (or all) of the existing Website or Service. In no event will you be charged for access to any Funkytv Content or Service unless we obtain your prior agreement to pay such charges. If you do not consent to such charges, however, you may not have access to paid content or services.


Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE FUNKYTV WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FUNKYTV, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. FUNKYTV MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FUNKYTV WEBSITE. FUNKYTV DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE FUNKYTV WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FUNKYTV WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.


Limitation of Liability

IN NO EVENT SHALL FUNKYTV, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FUNKYTV WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.


YOU SPECIFICALLY ACKNOWLEDGE THAT FUNKYTV SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU./


The Website is controlled and offered by Funkytv from its facilities in the United Kingdom. Funkytv makes no representations that the Funkytv Website is appropriate or available for use in other locations. Those who access or use the Funkytv Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.


Release and Indemnity

Without limiting the above, you hereby release, discharge and hold harmless Funkytv and its Partners and each of their respective employees, officers, directors and suppliers (collectively, "Releasees") from any and all claims, actions, damages, liabilities, losses, costs and expenses of any kind (including, without limitation, Legal fees) arising out of, resulting from, or by reason of, your User Content/material, including without limitation any exploitation of your User Content/material, on any legal theory whatsoever (including, but not limited to, copyright infringement, personal injury, rights of privacy and publicity, idea misappropriation, false light, or defamation).


You agree to defend, indemnify and hold harmless Funkytv and its Partners, and each of their officers, directors, employees, and suppliers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to Legal fees/costs) arising from or in any way relating to: (i) your (or anyone using your account's) use of and access to the Funkytv Website, Service or Software; (ii) your (or anyone using your account's) violation of any term of these Terms and Conditions; (iii) your (or anyone using your account's) violation of any third party right, including without limitation any intellectual property, copyright, property, personal injury or privacy right; or (iv) any claim that (or anyone using your account's) User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Funkytv Service and Website.


Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Funkytv or its Partners may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of liability of Funkytv its Partners shall be the minimum permitted under such applicable law.


Modification or Termination of Service

You acknowledge that Funkytv may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time. Funkytv may at any time and from time to time to modify or discontinue, temporarily or permanently, all or any part of the Service with or without notice. Neither Funkytv nor its Partners are under any obligation to preserve, provide access to or return to you any User Content/matterial. You agree that Funkytv shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. We reserve the right to refuse Service to anyone or to terminate a user's account for any reason at any time.


Age/Ability to Accept Terms and Conditions

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. In any case, you affirm that you are over the age of 13, as the Funkytv Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Funkytv WebsiteóTalk to your parents about what sites are appropriate for you.


Assignment

These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Funkytv without restriction.


General

You agree that: (i) the Funkytv Service and Website shall be deemed solely based in the United Kingdom; and (ii) the Funkytv Website shall be deemed a passive website that does not give rise to personal jurisdiction over Funkytv, either specific or general, in jurisdictions other than the Untited Kingdom. These Terms and Conditions shall be governed by the internal substantive laws of the United Kingdom, without respect to its conflict of laws principles. Any claim or dispute between you and Funkytv or any of its Partners, (and their respective officers, directors, employees and suppliers) shall be decided exclusively by a court of competent jurisdiction located in England. These Terms and Conditions, together with the Privacy Policy at http://www.Funkytv.com/privacy and any other legal notices published by Funkytv on the Website, shall constitute the entire agreement between you and Funkytv concerning the Funkytv Service and Website. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Funkytvís failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. Funkytv reserves the right to amend these Terms and Conditions at any time and without notice, and it is your responsibility to review these Terms and Conditions for any changes. Your use of the Funkytv Website or Service following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms. YOU AND FUNKYTV AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE FUNKYTV WEBSITE OR SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.