VIRAL STREET USER TERMS AND CONDITIONS

These terms and conditions apply to your use of the Viral Street Site, which we refer to as “the Site”. You must click on the “I agree” box below to indicate your understanding of them and your agreement to them before you can use the Site. If you do not agree to them then please do not use our Site.

• 1.

  Who are we and who can you contact?

  This site is operated by Viral Street Limited. We are a company incorporated under the laws of England and Wales and our registered office is at The Mill, Mill Lane, Hatton, Warwickshire CV35 7HN. However any communications about the Site should in the first instance be addressed to our customer helpline either by post or by email as follows:

  • -
    By Post: [INSERT POSTAL ADDRESS]. We will endeavour to respond to postal queries within 5 working days of receipt provided that you give us a telephone number or email address.
    
    
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    By email: [INSERT EMAIL ADDRESS]. We will endeavour to respond to email messages within 5 working days of receipt.
    
    
  
  

• 2.

  What are the rules for use of the Site?

  • 2.1
    These terms and conditions apply to your use of the Site. If you breach them you may be excluded from access to the Site.
    
    
  • 2.2
    The aim of the Site is to collect short audiovisual clips of user-generated content (“Virals”) from our users. These Virals must feature the brands of major commercial organisations (“End Users”) or be able to be adapted to promote the goods and services of End Users. We will make available your Virals to the End Users for exploitation by them in two ways. First, by means of direct licence to End Users and second, by way of End User Competitions. Obviously we cannot guarantee that any particular End User will choose to exploit your Viral but where they do, you will receive a financial reward. All this is described in more detail below.
    
    
  
  

• 3.

  Your Viral

  • 3.1
    To upload a Viral, please visit our registration page [INSERT URL OF REGISTRATION PAGE] and follow the technical directions there. We will only accept your Viral and make it available to End Users if it complies with our technical requirements and is free from all worms, viruses, bugs, trojan horses, spyware, malware or other contaminants. We have absolute discretion to refuse to accept any upload of any Viral if we believe it contravenes this requirement or believe that it might otherwise be of quality unacceptable to us or damaging to the Site or any End User.
    
    
  • 3.2
    With regard to the content of your Viral, the following rules apply:

    • (a)
      it must not be obscene, abusive, offensive or racist and it must not promote or propose hatred or physical harm against anyone;
      
      
    • (b)
      it must not harass or bully another person;
      
      
    • (c)
      it must be true and honest so far as you know;
      
      
    • (d)
      it must not be defamatory of anyone;
      
      
    • (e)
      it must not use the material or content or infringe the rights or privacy of anyone else: for example you should not use images of well known characters or someone else's music;
      
      
    • (f)
      it must not contain someone else’s personal details or confidential information relating to other people;
      
      
    • (g)
      it must not promote or condone terrorism, violence or illegal behaviour.
      
      

    We reserve the right to reject or cease to use any content supplied by any person that we think contravenes these rules.

    
    
  • 3.3
    It is very important that any Viral you submit is 100% your own original work. It must have been shot by you and must not contain the content of any other person. In particular, you should not have used any video or still images from any other website, film or television programme or any music from any source. We reserve the right not to make available to End Users any Virals if we are not confident that all the intellectual property rights in that Viral are owned or controlled by you and you are able to license them to us for use as intended on this Site and by End Users. We reserve the right to contact you and ask you to confirm to us in writing or by email that all rights in any Viral have been properly cleared by you at your expense for exploitation in the event that any End User wishes to exploit that Viral.
    
    
  • 3.4
    You may upload as many Virals to the Site as you wish. We reserve the right to ask you and you must tell us what other Sites and distribution platforms (if any) you have put your Virals onto – we cannot stop you from posting your Viral wherever you want, but please bear in mind that it will be easier for us to licence it and it will be more attractive and valuable to an End User if it has not been exploited previously.
    
    
  • 3.5
    By accepting these terms and conditions and uploading your Virals, you licence us to exploit your Viral in any media throughout the world and to allow End Users to do so without limit in time. We may also use it to publicise our business and the business of our group companies and in particular to promote and advertise the Site.
    
    
  • 3.6
    You acknowledge and agree that the brands, logos, trademarks and other graphics and identifying marks and characteristics of End Users may be added to your Viral as part of its exploitation and that your Viral may be edited, cut or interpolated with commercial or other content.
    
    
  
  

• 4.

  End User Competitions

  • 4.1
    We will endeavour from time to time to attract End Users to the Site to offer prizes for the best Virals supporting their brands. We cannot guarantee how many End Users we can attract to the Site from time-to-time nor what prizes they will offer.
    
    
  • 4.2
    End User competitions may have their own particular terms and conditions special to them: for example an End User may require a Viral of a certain length or theme. Any such additional and specific terms and conditions will be posted on the Site and brought to your attention before you enter the relevant competition.
    
    
  • 4.3
    If an End User selects your Viral for use as the winner of any competition, you will receive the prize offered by that End User as part of the competition.
    
    
  • 4.4
    As well as entering specific competitions, you are free to upload Virals made by you that do not relate to any specific competitions. If we are able to licence these to any End User we will share with you whatever fees or payments we obtain on a 50-50 basis, with any expenses also to be shared equally.
    
    
  • 4.5
    We may also run competitions or votes on the Site where we invite users or the public to vote for their favourite Virals.
    
    
  • 4.6
    You will have a specified period to claim a competition prize. If you do not respond within the stated time period, you may forfeit your prize. We reserve the right to award the prize to another winner if we are unable to make contact with you on the telephone number or details provided by you.
    
    
  • 4.7
    No alternative prize will be given and prizes will be non-transferable and non-exchangeable unless otherwise stated. However, we reserve the right to change the prize due to circumstances beyond our control or to offer an alternative of similar value.
    
    
  • 4.8
    It is your responsibility to pay any and all applicable taxes on prizes and to pay any fees, costs, royalties or other expenses that may fall due in respect of the Viral and its exploitation by us and by End Users.
    
    
  • 4.9
    We reserve the right to verify your identity. If you have been asked for proof of your identity your failure to provide such proof within a reasonable time could result in your disqualification from a competition or the withdrawal of any prize. All personal details and information you supply must be truthful and accurate.
    
    
  • 4.10
    We reserve the right to disqualify you from any competition and/ or withdraw any prize should you at any stage supply any untruthful, inaccurate or misleading personal details or information.
    
    
  • 4.11
    If we do not receive your Viral for any competition then we cannot enter you, regardless of whether you attempted to upload your Viral. Also, if we receive a Viral from you that is illegible or incomplete or otherwise deficient we may not be able to enter you.
    
    
  • 4.12
    If you are the winner of a competition you agree that you will allow us to use your name and picture in marketing and publicity undertaken by us, which may be in more than one country and which may be in a number of media, for example, print, television, internet. We will pay your reasonable expenses if we need you to make yourself available to be used in marketing and publicity of this sort.
    
    
  
  

• 5.

  How will we contact you?

  • 5.1
    If we need to contact you for any reason relating to your Viral we will do so using the contact details that you have provided us with on your registration form. It is your responsibility to keep your details correct and up to date. We will have no liability for any failure to pay you or pass on to you any prize, payment or other benefit if you change your personal details and do not inform us.
    
    
  
  

• 6.

  How will we use your personal details?

  • 6.1
    We will use your personal details as necessary to operate the Site and exploit your Viral(s) as set out in these terms and conditions. Where we or other companies in our corporate group want to use your personal details for other purposes (such as marketing) we will offer you the opportunity to agree or to refuse this.
    
    
  • 6.2
    Your personal details will be treated in accordance with our Privacy Policy from time to time and in accordance with the law as it relates to people’s personal details. This link takes you to our Privacy Policy: [INSERT URL]
    
    
  
  

• 7.

  Can I withdraw my Viral?

  • 7.1
    You may delete or withdraw your Virals from the Site at any time prior to us licensing them to an End User for exploitation. Once we have licensed a Viral to an End User however, you may not withdraw or prevent the usage of the Viral by or on behalf of that End User.
    
    
  
  

• 8.

  How far are we liable or responsible to you?

  • 8.1
    Nothing in these terms and conditions removes or limits our liability for fraud, for death or personal injury caused by our negligence or for any liability which cannot be limited or excluded by the law. These terms and conditions also do not affect the rights that are granted to you as a consumer by the law. Otherwise, we will not be liable to you for any matter relating to the Site and the exploitation of your Viral(s).
    
    
  • 8.2
    We will also not be liable to you if you suffer loss or inconvenience because of the failures of persons or systems that we do not directly control – for example, mobile phone network operators, internet service providers, software providers and telephone traffic handlers.
    
    
  
  

• 9.

  The legal position of these terms and conditions

  • 9.1
    These terms and conditions form a legally binding agreement between you and us. We reserve the right to change them and update them from time to time but if we do so we will post the changes on the Site.
    
    
  • 9.2
    These terms and conditions shall be governed by English law.
    
    
  
  

• General

  • These terms and conditions were last updated on 9th October.