EyeVibe™ Terms and Conditions 1. INFORMATION 1.1 Our terms and conditions set out the rules which are applicable to your participation in the EyeVibe™ Service ("Service") including the videos you submit to the Service ("Content"). "Our", "We" or "Us" means Yospace™ Technologies Ltd, a company registered in the UK, a wholly owned subsidiary of Bauer Consumer Media Ltd. You should ensure that you read these terms and conditions carefully as your participation in the Service constitutes your acceptance of these terms and conditions. 1.2 This Service is restricted to those aged 16 years or over. You therefore confirm that you are 16 years or over and a UK resident. We reserve the right to verify eligibility of entrants. 2. CONTENT 2.1 You must not submit any Content which does not comply with the General Terms. In addition, you will; have the prior express consent of all those persons appearing in your Content to feature in your Content and submit it to the Service; not submit Content which is copyrighted or features predominantly or solely a trademark or logo; ensure your Content does not contain images of private individuals or celebrities or public figures unless (a) you have their permission or (b) the video is taken in a public context or (c) you are the private individual, celebrity or public figure in the Content and always provided the Content does not infringe on that person's right to respect for their private life; and ensure that the Content does not contain abundant or gratuitou coarse language. 2.2 We will review the Content you submit to the Service for suitability and compliance with Our terms and conditions and other criteria before it will be published on the Service. We may reject or accept your Content for any reason in Our absolute discretion. Further, We may at any time and without notice or further liability to you remove and destroy your Content or terminate your access to the Service. We may notify law enforcement authorities if your Content contains illegal conduct. 2.3 You acknowledge and agree that We may, in Our sole discretion and without notice to you, adapt, reformat, edit, alter, tag or otherwise modify your Content and also determine the look and feel, layout, placement and design of your Content when implemented on the Service. 2.4 We may remove your Content from the Service at any time, for any reason and we may determine in our absolute discretion where we place your Content on the Service. This could affect the number of downloads of your Content, but in no circumstances will we be liable to you for any losses that result, including for loss of any revenue which you expected you might earn. 2.5 You acknowledge that, if posted on the Service, your Content may not be forward-locked which means that, once downloaded by users, it may be forwarded by MMS or email or otherwise to third parties without restriction and without further payment to you. 3. ASSIGNMENT OF RIGHTS 3.1 We will own all rights in your Content once you submit it to the Service. This means you assign all rights in your Content to Us and you also waive all moral rights in that Content. As We will be the owner of the Content, we can use and exploit it in any manner, and in any media (including TV and the internet), without payment to you (other than as set out in section 4 below), and We may, without notice to you, grant the same or other rights in respect of your Content to third parties without further payment to you. 4. PAYMENT 4.1 If We publish your Content and it is downloaded by users you will be paid for it via PayPal's MassPay service in accordance with these Terms and Conditions. We will not pay you directly. The details and process for payment are set out below. 4.2 Each time a user downloads your Content from the Service we will credit your user account balance with a value equating to 10% of the retail price of the download (e.g. if the download costs 25p, you will be paid 2.5p). Once your user account balance reaches or exceeds £10, you will be paid by PayPal in accordance with these terms and conditions. You will only be paid if your balance reaches or exceeds £10. If your user balance does not reach £10 (for whatever reason) you will not be paid. 4.3 There are several steps required to enable You to be paid, which are set out below. Firstly, You will need a user account. When we publish your Content on the Service, We will set up an account for you using your mobile phone number (which we capture when you send us your Content) and the email address you give us. You will then need to validate Your account by accessing the Service from your mobile device. Secondly, you need to set up an account with PayPal. If you do not set up an account with PayPal you will not be paid for your Content. If your balance reaches or exceeds £10 we will send your email address to PayPal, who will contact you by email to set up an account. PayPal may charge you an administration fee to set up your account. You are responsible for paying that fee. In addition, PayPal may impose additional terms and conditions on you as the holder of an account with PayPal. You are responsible for complying with those terms and conditions and meeting any associated costs. We are not responsible if you are unable, for whatever reason, to set up an account with PayPal. 4.4 Each account will have a user balance of zero when it is first set-up which will increase as people download Your Content. Each time your account balance reaches or exceeds £10, We will transfer the full amount of your balance and your email address across to PayPal who will arrange payment, provided you have set up an account with them. Once You have been paid, Your user account balance will then reset to zero and begin to accrue again. 4.5 As set out in more detail above, your balance will only start accruing and you will only be paid for your Content if the following requirements are met: You have validated your user account You have entered a valid email address. If you don't supply us with a valid email address, or if your email address changes and you don't tell us, then PayPal will not be able to contact you and you will not be paid. You have set up a valid PayPal account Your user balance will only accrue as a result of a download if We receive revenue from that download You will only be paid if your user account balance reaches or exceeds £10 You comply with these terms and conditions 4.6 Payment terms are 60 days in arrears from the end of the month to which the payment relates. For example, if your balance reaches £10 during January, you would expect to receive notification from PayPal of payment being available any time after 31st March. Your balance will then reset to zero and will begin to accrue again. 4.7 Your right to payment is subject to you complying with these terms and conditions. We may at any time, at Our sole discretion, withhold payment to you if We suspect that you are artificially inflating the number of downloads of your Content, if you have paid for the Service using a stolen, invalid or expired credit or debit card or if We are required to refund a credit or debit card provider in respect of your payment for the Services. If your account is in dispute we reserve the right to withhold payment until the dispute is resolved. Where monies are owed by you to Us, We reserve the right to offset such monies against the payments due to you in respect of the Service. 4.8 You are responsible for making sure that you pay any income or other taxes you may incur as a result of using the Service. 5. SEVERABILITY 5.1 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. 6. PRIVACY POLICY AND DATA PROTECTION CONSENT 6.1 Information which you provide to Us as part of the Service and other information which you may supply to Us is subject to Our Data Protection and Privacy Statement. 6.2 Our Use of Your Information We may use your email address or mobile phone number as a means to communicate important or relevant information on the services we are providing you, or from time-to-time other messages we consider are relevant to you. We do not pass any information you have given to us on to third parties unless you have specifically requested us to do so. 6.3 Disclosure We will not sell, trade, or disclose to third parties any private information derived from the registration to EyeVibe™ to use Our products or services -- including user names and addresses -- without the consent of the user (except as required by subpoena, search warrant, or other legal process or in the case of imminent physical harm to the user or others). When We use other agents, contractors, or companies to perform services on Our behalf, We will endeavour to ensure that your private information is protected in a matter consistent with this policy. 6.4 Our Use of Cookies EyeVibe™ uses cookies to track you on our site while you are logged in. We only use "session" cookies, which means they are disposed of when you quit your browser. 7. GENERAL 7.1 Our terms and conditions shall be governed by and construed in accordance with English Law. Both you and Us hereby submit to the exclusive jurisdiction of the courts of England. 7.2 We reserve the right to review and revise Our terms and conditions from time to time without giving You prior notice and by using the Service subsequent to any revision of Our terms and conditions, you agree to be bound by such changes