Terms & Conditions
THUNDERBIRDS.COM TERMS AND CONDITIONS OF USE
The information below tells you how you may use the www. thunderbirds.com website for your own personal, non-commercial use. Please read these terms and conditions (the “Terms”) carefully before using ITV’s services through this website.
Please note that ITV updates these Terms from time to time so please review them regularly. These terms were last updated on 17 May 2018
1. ABOUT THESE TERMS AND CONDITIONS
What do these Terms cover? These Terms set out important information regarding your rights and obligations, and the restrictions that may apply, when you use the Services (as defined below) on the website http://www.thunderbirds.com and all its sub-domains (the “Website”) or on our platforms or devices including (but not being limited to) the Website and any other related content or software intended for use on any portable or non-portable communication or other electronic device (the “Platforms”) and any similar platforms that we currently provide for use in conjunction with the Website. For these purposes, the “Services” include (but are not limited to) the provision of online content, online social media and/or interactive applications, audio visual content, text, photographs, advertising and any related and complementary service that we currently provide or make available in the future, but which excludes our broadcast TV service. Who uses and who provides the Services? References to “you” or “your” mean you as a user of the Services. References to “we”, “us”, “our” or “ITV” are to the provider of the Service, which is ITV Global Entertainment Limited, a company registered in England & Wales with registered office at 2 Waterhouse Square, 140 Holborn, London, EC1N 2AE. Company No. 2203983. VAT Registration:. GB 197 0041 67.
If you have any questions, queries or complaints about these Terms or the Services, please contact us at the email or postal address given in the “Contact Details” section below.
Why should you read these Terms?
Will these Terms change? Please note that we may update and amend these Terms from time to time and the current version of these terms will be posted on the Website. The version of these Terms that is current at the time you use the Services will apply to your use of those Services. It is your responsibility to ensure you review these Terms regularly to familiarise yourself with any changes. Your use of the Services following any such changes will constitute your acceptance of the revised Terms. Will any other Terms and Conditions apply to use of the Services? In addition to these Terms, the following terms and conditions may also apply to your use of the Services:
Service-specific Terms: You may be asked to agree to additional terms and conditions (“Additional Terms and Conditions”) when using specific Services. If there is any inconsistency between these Terms and any such Additional Terms and Conditions, the Additional Terms and Conditions will prevail to the extent of such inconsistency.
Third Party Terms: Please also see the section below entitled “Third party content and services” regarding certain pages and services that are provided on our Website and which are managed, hosted and/or operated by a third party.
2. RESPONSIBILITY FOR THE AVAILABILITY AND CONTENT OF SERVICES
Who is responsible for the availability and content of the services?
The Website, the Platforms and the Services are provided on an “as is” basis. The Services are made available to you by ITV at our sole and absolute discretion. We may modify or withdraw Services, or the period during which they are available, at any time at our sole and absolute discretion. We may do this without notice to you. We have absolute editorial control over the Services (including all the material and/or content made available by ITV via a Platform and/or the Services) at all times.
3. WHO CAN USE OUR SERVICES
Who can use our Services? Subject to the section below, you must be at least 18 years old to use our Services. Can children use the Services? If you are under 18 years old:
you must have your parent’s or guardian’s permission before using our Services; and
you must read these Terms with your parent or guardian to make sure you and your parent or guardian understand and agree to these Terms.
4. YOUR RIGHTS AND OBLIGATIONS WHEN USING THE SERVICES
What must you comply with to use the Services? If you comply with these Terms, any other applicable terms (including but not limited to any applicable Additional Terms and Conditions and/or any specific usage rules that may be posted in relation to any material and content that you access via the Services and/or any third party terms) and with all applicable laws and regulations, you may use the Services.
What are your obligations? By accessing any part of the Services (including any material or content made available by ITV via the Services), you agree that you will only use such Services:
for your own personal, non-commercial use;
for lawful purposes; and
in a manner which does not infringe the rights (e.g. copyright) of, or restrict or inhibit the use and enjoyment of these Services by, any third party.
You understand and accept that the hardware you use to access our Services may require certain software in order for the Services to work correctly and it is your sole responsibility to ensure that you have the required software before accessing those Services. In order to use the Services, you may be required to obtain certain updates and/or upgrades to your hardware. You are solely responsible for any costs and/or fees associated with any such updates/upgrades to any hardware or software.
5. RESTRICTIONS ON USING OUR SERVICES
What are the restrictions on using our Services? By accessing any part of the Services (including any material or content made available by ITV via the Services), you agree that you will not:
use such Services to reverse engineer, de-compile, disassemble, copy, reproduce, communicate and/or make available to the public, republish, download, post, record, broadcast or transmit or use in any other way the Services (or any part thereof including but not limited to any content or software code) except as permitted by us;
use such Services in any way that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity, or cause distress, harm or inconvenience to any other person;
use such Services to in any way infringe the privacy or other rights of other users of the Services;
charge (whether directly or indirectly) others to use all or any part of the Services;
commercialise or attempt to commercialise all or any part of the Services;
permit or assist in any way any third party to use the material or content made available by ITV via the Services in an unlawful manner or in a manner which could infringe the rights of, or restrict or inhibit the use and enjoyment of the Services by, any third party;
utilise ‘plugins’ or any application(s), software or associated tool(s) which change the content of the Services;
do anything that may cause damage to the Services or our servers, systems or equipment or those of third parties, nor access or attempt to access any users’ data;
do anything that subjects the Services or ITV to any derogatory treatment or brings (or might bring) the Services or ITV into disrepute;
misuse or do anything that disrupts all or any part of the Services, including but not limited to knowingly introducing software viruses, trojans, worms or other material that may be technologically harmful;
attempt to or actually circumvent any software and/or technical measures we use to regionalise our Services within the United Kingdom in order to access all or any part of our Services that are not available within your region of the United Kingdom;
penetrate, remove or otherwise alter or interfere with any security measures that we use to protect the material and content made available via our Services, or attempt to do so or assist any other person in doing or attempting to do so;
state, suggest or in any way give the impression that you have any commercial relationship with us, or that you are our agent or that we have endorsed any submission you may make to any of our Services; or
block, disable, obscure or impair any advertising on the Website or served or included in the Services.
Do you need to register to use the Services? No, we no longer offer account or subscription based services.
6. ITV’S RIGHTS, OBLIGATIONS AND LIMITS ON LIABILITY
What are our rights in relation to your use of the Services? We reserve the right to suspend, restrict or terminate access to all or any part of the Services at any time at our sole and absolute discretion. What are our obligations and limits on liability? All of our Services are provided on an ‘as is’ and ‘as available’ basis. We cannot promise that our Services will be free from errors or omissions nor that they will be available uninterrupted and in a fully operating condition, or free from viruses or other harmful components. Not all of the features and functionality of the Services will be available on all devices. We make no guarantee that all or any features of the Services will work on any particular device. The Services may be suspended temporarily and without notice for any reason including without limitation in the case of system failure, maintenance or repair or due to events reasonably beyond our control. We will not be liable to you or to any other person in the event that all or any part of the Services is unavailable, discontinued, modified or changed in any way. Where you are required to obtain certain updates and/or upgrades to your hardware or software in order to use the Services, you are solely responsible for any costs and/or fees associated with any such updates/upgrades and we make no guarantees in respect of the compatibility of your hardware or software with the Services and/or any updates/upgrades. In addition to other specific exclusions of liability set out in these Terms, we do not accept any liability for:
any damage or loss caused to you while using our Services in breach of these Terms, including but not limited to where you are using our Services for purposes other than your own personal, non-commercial use;
any loss of data that results from your use of the Services;
any loss of income, revenue, business, profits or contracts that results from your use of the Services;
any failure, suspension and/or termination of access to the Services and/or any content in connection with or arising out of an event which is outside our reasonable control (including but not limited to strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule regulation or direction, accident or breakdown of plant or machinery, fire, flood, storm or default of suppliers, and where they are beyond our reasonable control, any other acts, events, omissions or accidents);
any claims brought against you by a third party except as stated in these Terms; and/or
any damage or loss caused to you where such damage or loss (i) is not reasonably foreseeable to you and us when you use the Services or (ii) is reasonably foreseeable to you and us but is only indirectly related to your use of the Services; in both cases including where the damage or loss results from our breach of these Terms.
Any content or other materials included in the Services do not, and are not intended to, amount to advice on which you should rely. Consequently we do not accept any responsibility or liability for any actions or omissions that you may take in reliance on such content or materials. Nothing in these Terms will:
restrict your statutory rights as a consumer (including your rights to receive a reasonable standard of service, more details about which can be obtained from your local Trading Standards Office or Citizen’s Advice Bureau); or
limit our liability for death or personal injury resulting from our negligence or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or other liability which cannot be excluded or limited under applicable law.
7. CREATIVE CONTENT AND INTELLECTUAL PROPERTY RIGHTS
Who owns the intellectual property in the Services? All copyright, trade marks, design rights, patents and other intellectual property rights (whether registered or unregistered) in the Services and all material or content made available by ITV via the Services are and will remain at all times the property of ITV (or ITV’s licensors or third parties, as applicable).
Who can use the intellectual property in the Services? The names, images and logos identifying us, companies in the ITV group, our partners or third parties and our/their products and services contained in the Services are proprietary marks and may not be reproduced or otherwise used without our express permission.
Nothing contained in these Terms grants you a licence or a right to use any copyright, trade marks, design rights, patents or other intellectual property right owned or controlled by ITV, its licensors or any third party, except to the limited extent necessary to receive the Services.
Can the content of the Services be copied? You may not copy all or any part of any materials or content made available by ITV via the Services except to the extent permitted in these Terms, or expressly by us, or at law. If the Services are accessed by an authorised person for or on behalf of an educational establishment for the non-commercial educational purposes of that educational establishment then, provided that the educational establishment:
holds a current licence with the Educational Recording Agency (ERA); and
complies with these Terms,
the non-commercial access to our Services permitted by these Terms will also apply to non-commercial educational use within the scope of the ERA licence held by that educational establishment.
We no longer accept submissions via Thunderbirds.com
9. OTHER IMPORTANT POINTS TO NOTE ABOUT OUR SERVICES
Can you link to our Website? You may link your website to the home page of our Website, provided that you own that website and that you do so in a way that is fair, legal and does not take advantage of or damage our reputation and any such link is for non-commercial purposes. Any such link must not, suggest or in any way give the impression that you have any commercial relationship with us, or that we have approved or endorsed such link. You may not create a link to any part of our Website other than the home page. We reserve the right to withdraw permission to link to the home page of our Website at any time without notice at our sole and absolute discretion. You may not “deep-link” to pages beyond the home page without our express permission. Can you frame our Website? You may not frame our Website on other websites without our express permission.
10. THIRD PARTY CONTENT AND SERVICES
Do third parties provide content and services on our Platforms? Please note that certain pages and services provided as part of the Services are hosted, managed and operated by a third party. Where this is the case it will normally be indicated on the Website and/or the relevant Service. The Services may contain links to other third party websites, platforms and services through advertising or otherwise, and in certain circumstances our content may also be made available on third party services and platforms (“Distributed Content”). Who is responsible for third party content and services? These third parties are companies wholly independent of us and are solely responsible for all aspects of any transaction you may make using such services. These third parties may have their own privacy policies and/or terms and conditions of use. Your use of such third party websites and services will be governed by their terms and conditions and privacy policies, we therefore recommend you read such terms and conditions and privacy policies and you agree to comply with them. For the contact details of the applicable third party see that third party’s terms and conditions available or referred to on the applicable Platform. You are free to choose whether or not to make use of such third party services. Consequently we do not accept any responsibility or liability for content incorporated in our Services in this way or any actions or omissions that you may take in reliance on it. We are not responsible for the contents (including the Distributed Content) or availability of such third party websites or services (including the failure of any links to them). We do not endorse the material contained in their websites or services. Any links to third party services are provided for your convenience only. If you use a third party service, you agree that: (i) we won’t be party to any transaction or contract with a third party that you may enter into (which may include, but is not limited to, a transaction or contract where the third party sells or otherwise provides Distributed Content, or access to Distributed Content, to you pursuant to that transaction or contract); (ii) we will not be supplying those services (including, where applicable, any Distributed Content) to you; and (iii) we won’t be liable to you for any loss or damage which you may suffer by using those third party websites and/or services (including any use by you of Distributed Content). You agree that you will not involve ITV in any dispute you may have with such third party websites and services.
11. OTHER GENERAL TERMS THAT APPLY
Where are these Terms available? These Terms are available on the Website. We will not file or store a copy of these Terms for each interaction or transaction by you via the Website or the Services. We therefore recommend that you print and store or save a copy of these Terms for future reference. Can you transfer your rights under these Terms? You may not assign, sub-license or otherwise transfer any or your rights or obligations set out in these Terms to any other person. Can a third party enforce these Terms? These terms do not create any rights that are enforceable by any person who is not a party to these Terms. What happens if we do not enforce a right under these Terms against you? If we decide not to exercise or enforce a right that we have against you (e.g. as a result of you breaching these Terms), this does not prevent us from doing so at a later date. What happens if part of these Terms is not enforceable? If any provision of these Terms is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable then that invalid or unenforceable part will be deemed deleted from these Terms, such invalidity or unenforceability will not affect the other provisions of these Terms and they will remain in full force and effect. What happens if there is a dispute about these Terms? These Terms are available in English only and are governed by and construed in accordance with the laws of England (or the laws of Scotland if you are domiciled there). Disputes arising in connection with these Terms are subject to the exclusive jurisdiction of the courts of England and Wales unless you choose the jurisdiction of your domicile in Scotland or Northern Ireland.
12. DETAILS OF WHO TO CONTACT
If you have any questions, queries or complaints then you can email us at ViewerServices@itv.com or call us on 03448814150 or write to us at ITV Global Entertainment Limited, 2 Waterhouse Square, 140 Holborn, London, EC1N 2AE.