Terms and Conditions
These are the legal terms that apply when you use the MTV OD services that we operate in the UK and Ireland. The MTV OD services are an area containing premium content within our website at www.mtv.co.uk which you must pay to access for specific periods of time. Please read these terms carefully before using our MTV OD services as you will be bound by these terms. If you do not agree to any of these terms, we do not grant you permission to use our MTV OD services. If you have any questions you can contact us as set out below.
"We", "us" and "our" means MTV Networks Europe which is a Delaware partnership between MTV Networks Europe Inc and Viacom Networks Europe. Our principal place of business is at 180 Oxford Street, London W1D 1DS. Our VAT number is GB466509032. If you have any questions or concerns please refer to our help page. If the Help page do not adequately address your questions or concerns you may contact us using our email contact form.
We may need to make changes to these terms in future, for example to reflect changes in the law, changes in the type of services or information we provide to you through this website or to correct errors in these terms. We will try to keep all such changes to a minimum. We recommend that you check these terms from time to time to see if they have changed. We will always state at the bottom of these terms the date on which they were last updated.
If you continue to use our MTV OD services after our terms change you will be bound by those changes.
When you purchase access to the MTV OD services you may be asked to provide us with certain information about yourself. The information you provide must be true, current and complete. If you provide any important information that is untrue, not current or incomplete (or we have reasonable grounds to suspect that this is the case), we have the right to either suspend or terminate your access to the MTV OD services.
In order to access the MTV OD services, you will be provided with an access code. All access codes provided to you are personal to you and you will be responsible for all activity that occurs using your access code by another person and for compliance by any such person with these terms and conditions.
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.
The material and information provided by us and other third parties on our MTV OD services is protected by intellectual property rights including copyright, designs and trademarks. Nothing in these terms gives you any rights of ownership in that material or information and you may only use that material and information in accordance with these terms.
We provide our MTV OD services (and the information and materials on those services) solely for your personal and private use and grant you a license to view content only in the format it is displayed on the MTV OD site. The content, information and materials must not be used for any other purpose without our express written permission. For example, you are not allowed to copy, transfer, transmit or reverse engineer anything available on our MTV OD services or deep-link to and/or frame or use framing techniques to enclose any part of our MTV OD services without our prior written consent. Unless we specifically tell you otherwise this restriction also applies to you modifying any information or materials available on our MTV OD services, for example, by making a “mash-up” or other derivative work.
You must use our MTV OD services in a considerate and responsible manner. You are not allowed to use our MTV OD services:
- for any purpose that is against the law
- in connection with a business
- in any way that causes our MTV OD services to be interrupted, damaged, impaired or rendered less efficient
- in any way that could damage or disrupt another user's computer
- for the transmission, uploading or posting of any computer viruses or other harmful files or programs
- to transmit, upload or post any material which is defamatory, offensive, racist, vulgar, libelous, pornographic, obscene or menacing or which could cause annoyance, inconvenience or needless anxiety to anyone else
- as a means to threaten, stalk, harass, abuse or insult anyone else
- to collect personal data about other users (for example to use for “spam”)
- in a way that violates or infringes the rights of anyone else, for example other people’s copyright or right to privacy
- 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 an MTV employee or another user or company
- to transmit or otherwise make available any unsolicited or unauthorised advertising or promotional materials, for example junk mail, spam, chain letters, pyramid schemes or other similar materials
- to make available in any way (for example by linking) any material which would amount to a breach of these terms if you had posted it directly, or which contains any virus or other harmful code, or which may otherwise harm our MTV OD services or our computer systems or any third party computer system
- in any other way that could reasonably be expected to affect us adversely or reflect negatively on our goodwill, name or reputation
Your ability to access the MTV OD services will depend on you having the necessary equipment, systems and connectivity to stream and view the content properly. The suggested minimum system requirements are as follows:
- Computer Systems:
Microsoft Windows XPMicrosoft Windows VistaMicrosoft Windows 7Mac OS 10.4
- Internet Browsers:
Internet Explorer 7 and aboveFirefox 3.6Safari 4.0Chrome 7.0Opera 10.6
- Adobe Flash Player 10 (MTV OD may automatically upgrade Flash if required)
- A broadband Internet connection with a minimum speed of 1 Mbps
We provide these requirements as an indicative guide but cannot be responsible if your system meets these requirements but is unable to load or play the relevant content.
You acknowledge that the availability of the MTV OD services may be affected by internet traffic congestion or by other network, internet service provider, electronic, computer or other communication problems or failures and that we are not responsible for the failure of any content to load or stream due to any such congestion, problem or failure.
Access to the MTV OD services is chargeable and is paid for by reverse billed premium rate text SMS/MMS services. Access is granted on either a 24 hour or 7 day basis and different charges will apply to each access period which are specified on the MTV OD homepage on our website along with a specific keyword for each. You may request access to a paid item of content for either 24 hours or 7 days via the MTV OD services by sending an SMS text message with the relevant keyword to a particular shortcode (also specified on the MTV OD homepage) and you will be charged at the standard messaging cost of the relevant network operator for such SMS text message (Please consult your network operator for further details of its standard messaging costs). You will then receive an PIN code by return SMS text message, and are charged by us for access to the MTV OD services at that point at a premium rate. To start viewing the content you need to login to the MTV OD service using your mobile phone number and the PIN code which shall be the password. The primary cost of the service to you is incurred not when you send the SMS text message to request the access code but when we send you the requested access code SMS/MMS text message in return. For that reason these services are known as “reverse billed premium rate services”. Such premium rate services are charged per message and not per minute.
Charges for the relevant service will be deducted from your available credit time if you are a pre-pay customer or will appear on your monthly statement if you are a pay monthly customer. You must always obtain the permission of the person paying the bill for the relevant mobile device, and ensure you have enough available credit if you are a pre-pay customer, before using our MTV OD services.
For further information on any of our MTV OD services, including reverse billed premium rate services, please refer to our help page. If the help page do not adequately address your questions or concerns you may contact us using our email contact form.
If you have sent an SMS text message to participate in any of our MTV OD services but you have not received the requested access code but have been charged for it, you may call our refund number 020 7284 6100 and leave a message stating ALL of the following:
- your mobile number
- the time and date of your original SMS text message
- the short code you sent your SMS text message to
- what you wrote in the body of your SMS text message
- your postal address
If you fail to provide any of the above information we may not be able to refund you. We shall then check this information against our records and if you are entitled to a refund we shall send you a cheque in the amount of the premium rate fee that you were charged. You will not receive a refund for the network operator’s standard messaging rates you have been charged in connection with the service.
You have a right to cancel your purchase of access to the MTV OD services at any time up to the earlier of:
- the time when delivery of the MTV OD services starts.
Delivery of the MTV OD services starts when you log in to the MTV OD services and activate your access PIN code as set out in Paragraph 7 above. Once you have received your access code, you will not be able to cancel payment for access the MTV OD service.
We may establish general practices and limits concerning use of our MTV OD services, including without limitation, the maximum number of times (and the maximum length of time) you may access our MTV OD services in a given period. We have the right to change these general practices and limits from time to time without having to tell you in advance.
We endeavour to provide a satisfactory level of performance for all of our MTV OD services. However it is not technically possible or practical for us to provide our MTV OD services free of all faults at all times. The information and material provided on our MTV OD services may include some inaccuracies or typographical errors, which we will endeavour to correct as they come to our notice. Our MTV OD services may sometimes be unavailable for technical reasons, for maintenance or for us to make editorial changes. We may also decide at any time to discontinue providing certain of our freely available MTV OD services.
If you use our MTV OD services you must accept that you may be exposed to content that you consider to be offensive or objectionable. If you wish to complain about particular content you can contact us by using our email contact form.
We use reasonable efforts to check information and content on our MTV OD services for viruses, but we do not promise that our MTV OD services will be free of viruses or bugs and recommend that you also use care in this regard by using anti-virus software when accessing our MTV OD services.
We will not be liable to you (whether as a result of contract law, tort, statutory duty or otherwise) for any loss or damage arising from or in any way connected with your use of, or inability to use, our MTV OD services in respect of any losses:
- that are related to a business or commercial undertaking
- that were unforeseeable
- that are related to loss of opportunity, loss of goodwill or injury to reputation
- that are suffered by third parties who are not users of our MTV OD services
- that are caused by loss of data, or computer virus
- in respect of infringement of rights arising as a result of a third party linking to our MTV OD services and causing our content to be viewed within the pages of any other website
- that are due to your fault, for example if you have provided incorrect information to us, where you erase an element of the MTV OD service provided to you or you fail to comply with the instructions for use of our MTV OD services as explained by us
If you have a claim against another user of our MTV OD services you will pursue that claim independently and without recourse to us.
We do not in any way seek to limit or exclude our liability to you for death or personal injury or any loss arising as a result of fraud.
You will be required to compensate us in full for all of our losses caused by your misuse of our MTV OD services, including losses we suffer by virtue of someone else bringing a claim against us in respect of such misuse. A misuse of our MTV OD services arises if you do not comply with the rules set out in these terms. An example would be if you copied materials displayed as part of the MTV OD services and in doing so infringe someone else’s rights, such as copyright in videos or music.
Our MTV OD 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 MTV OD services and if you decide to visit any linked site, you do so at your own risk. These legal terms only apply to your use of our MTV OD services and we cannot be responsible for any content, or products and services available on any other websites as we do not control them.
We are concerned about the safety and well being of all our users, but children in particular. Parents or legal guardians who allow their children to use our MTV OD services should take care to supervise and assist their children. We remind you that our MTV OD services are designed to appeal to a wide audience. We remind parents and legal guardians that it is their responsibility to supervise children and to determine whether particular areas of our websites are unsuitable for their child. If you have any concerns about our MTV OD services, please do not hesitate to contact us at the address set out above.
We have the right to suspend or terminate your access to our MTV OD 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 of 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 MTV OD services or could damage our reputation.
We will comply with all applicable UK data protection legislation from time to time in place in respect of any personal information you submit to us.
You can amend or remove information you give us via our MTV OD services at any time. If you want to amend any information you have given us when registering for our MTV OD services or if you want to remove all of your information from our databases, you can do so by submitting your name, user-name, email address and telephone number and asking for your information to be amended or removed using our email contact form.
If you want to make a complaint about any of our MTV OD services or if you think your or someone else’s intellectual property or other rights have been infringed by our MTV OD services you can do so by submitting full details using our email contact form.
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 other 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 or termination or suspension of your access to our MTV OD services.
No waiver of any rights by either you or us will be taken as a waiver of any other rights you or we may have. For example if we waive our rights to complain about a particular breach of these terms by you it does not prevent us from complaining about other breaches.
These terms are governed by the laws of England and both you and we agree to submit to the non-exclusive jurisdiction of the English courts.
These terms were last updated on 24th November 2010.