The formal Terms and Conditions are below - this is a brief summary of some key rules of behaviour in the Big Art Mob to ensure all our users have an enjoyable and safe experience.
The focus of this initiative is Public Art. This means art displayed in a public place. You cannot walk into a gallery, for example, even a public gallery, and photograph a painting to send to Big Art Mob. Likewise you cannot go to a privately owned place, say a stately home, and photograph and send pictures of art there without permission.
Our Big Art Mob service may not be used for any of the following:
Illegal use: Use of the service for illegal purposes, or in support of illegal activities. We reserve the right to co-operate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
Harm to minors: Use of the service to harm, or attempt to harm, minors in any way, including, but not limited to, child pornography.
Threats: Use of the service to transmit any material (by email, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
Harassment: Use of the service to transmit any material (by email, uploading, posting or otherwise) that harasses another.
Copyright or trademark infringement: Use of the service to transmit any material (by email, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorised copying of copyrighted material, the digitisation and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorised transmittal of copyrighted software.
Fraud: Use of the service in a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
Pornography: It is absolutely forbidden to submit pornographic content. As a guideline for image content, we ask you to remember that many people access this site from work, or with their family present. Please make sure images and videos are safe for these environments.
Commercial use: Moblogs may not be set up on Big Art Mob servers to be used for commercial purposes, including but not limited to promotion of a commercial product or service.
In addition:
Please do not post code (javascript, etc.) in your moblog which opens pop-up windows, resizes the browser, captures data or otherwise manipulates the presentation and function of Big Art Mob.
Please do not attempt to post to, edit or otherwise tamper with another user's moblog.
We reserve the right to suspend, halt or otherwise interrupt the service, either for maintenance or any other reason. We will do our best to let you know of any planned downtime in advance.
We also reserve the right to terminate your account and/or ban you from the Big Art Mob site in the event of your breaching these rules.
Thanks very much for your co-operation.
We do not want to take ownership of your images - we just ask you to give us permission to use them on the Big Art Mob site and in ways directly related to the site.
We also ask you to use a Creative Commons licence. Creative Commons enables you to protect your images from theft, but in a less restrictive way than full copyright. For instance, you can allow someone to use your images for personal use, whilst protecting your rights for commercial use.
By submitting your content to the Big Art Mob, you agree that it will be made available to the public under the Creative Commons Attribution-NonCommercial-ShareAlike 2.0 license.
By submitting your image or other media you also agree that Channel 4 has the right to use your content for press-related activity and commercially only as set out in the Big Art Mob Terms and Conditions and you also agree that content submitted to the site by you will be made available to the public under the Creative Commons Attribution-NonCommercial-ShareAlike 2.0 licence below, although you retain full copyright of your submitted content.
By submitting content to this site, you represent and warrant that you have the right to do so and to license it to Channel 4 and the public in accordance with the community's rules above. Channel 4 makes all reasonable efforts to ensure that all content posted to this site is lawful and consistent with those rules. However, if you believe that any content posted on this site is not posted with the permission of the rights-holder(s), please email us identifying the work in question and explaining the reasons you believe that it is not lawfully posted. Channel 4 reserves the right to remove any content from the site it reasonably believes that the content is not posted with the permission of the rights-holder(s).
Please read these terms and conditions ("Terms") carefully as they are the terms of the Big Art Mob website ("Site"). The Site is owned and operated by Channel Four Television Corporation and 4 Ventures Limited ("Channel 4"). The Terms provide information on how your photographs and other material will be used so make sure you read them!
By providing content to Channel 4 or the Site you confirm such content is (a) your own work and not copied from anyone else and (b) not defamatory, obscene, indecent, harassing or threatening.
You will own content provided to Channel 4 or the Site (unless agreed otherwise with you) but by providing content you agree that Channel 4 may make this content available on the Site and any other media, which may include other internet sites, mobile, television or radio. Further details are set out below.
If you are seeking to send or upload material to the Site or to engage in any activities within the Site other than passively viewing Site content, you must register and become a Site member ("Member"). As part of the registering process, you will be asked to 'ACCEPT' these Terms. On doing so, you will be deemed to have consented to and you will be bound by these Terms.
Visitors to the Site merely wishing to view content do not need to register and become Members. However, any use of the Site (which includes but is not limited to simply viewing the Site's content) constitutes your acknowledgement and acceptance of these Terms, which take effect the moment you first use the Site.
Channel 4 reserves the right to change these Terms at any time by posting changes online and it is your responsibility to refer to and comply with these Terms on accessing the Site. Your continued use of this Site after changes are posted constitutes your acceptance of these Terms as modified.
If these Terms are not accepted in full, you do not have permission to access the content of the Site and you should cease using the Site immediately.
If there is any conflict between these Terms and rules and/or specific terms of use appearing on the Site relating to specific material then the specific terms of use shall prevail.
You must be 16 years or over to register as a Member. If we discover or have any reason to suspect that you have not reached 16 years of age then we reserve the right to suspend or terminate your Membership immediately and without notice.
Children and young people under 16 are entitled to access the Site to view its content but are not presently able to register as Members and actively participate e.g. upload/download material.
When you register as a Member, you will be asked to select a Password you can then use to access your account and log on to areas and functions of the Site reserved for Members only.
You accept it is your sole responsibility to maintain the confidentiality of your Password and that you are responsible for all activity that occurs under this. Channel 4 is unable to check the identity of people using the Members' areas and will not in any way be liable where your Password is used by someone else. You should make sure that you are the only person using your Password.
You agree to notify Channel 4 immediately of any unauthorised use of your Password and any other breach of security as soon as you become aware of it.
"User Generated Content" includes all creative content provided to Big Art Mob or Channel 4 or uploaded onto the Site by users i.e. photographs, videos, clips, audio, pictures, comments, data posting and all other user generated material.
You agree and guarantee that any User Generated Content you provide or upload is original to you and does not infringe the copyright or any other rights of any other person. You must obtain any consents that are necessary for you to provide the User Generated Content to Channel 4.
Channel 4 does not, unless we agree this with you, claim any rights of ownership in any User Generated Content. Unless you agree otherwise, you retain all ownership rights in your User Generated Content and so you will still have the right to use your User Generated Content in any way you choose.
Where User Generated Content is to be used in a different way (e.g. if Channel 4 wishes to own this or it is to operate under a Creative Commons licence) this will be made clear to you on the Site and you will then be able to choose whether to provide particular User Generated Content on that basis.
You agree that Channel 4 (and third parties authorised by Channel 4) may make the User Generated Content available on the Site and any other media, whether now known or invented in the future, which may include other internet sites, mobile, television and/or radio and that User Generated Content may be made available with advertising or sponsorship. You now grant Channel 4 (and third parties authorised by Channel 4) a non-exclusive licence to use, display, publish, transmit, copy, edit, alter, store, re-format and sublicence the User Generated Content for such purposes.
You grant Channel 4 the right to issue publicity concerning the User Generated Content and any material, service or programme in which it may be included, and for such purpose to use and reproduce your name and photograph (where these have been provided to Channel 4) and the User Generated Content or copies of your User Generated Content.
You agree and confirm that:
A. if registering as a Member, you are over 16 years of age;
B. all information and details provided by you to Channel 4 are accurate, true and up to date in all respects and at all times (see our Privacy Policy on how to update your personal data);
C. any User Generated Content is original to you and you are fully entitled to give the same to Channel 4, nothing in the User Generated Content will infringe the copyright or any other right of any person, breach any contract or duty of confidence, be defamatory, obscene, indecent, harassing, threatening, liable to incite racial hatred or may constitute a contempt of court or be calculated to bring any broadcaster or other person into disrepute and all facts expressed by you in User Generated Content are true to the best of your knowledge and belief and, insofar as your User Generated Content contains any opinions, these opinions are your own and are genuinely and truly held by you;
D. all User Generated Content will comply with the Legal and Best Practice Guidelines; and
E. you will at all times comply with these Terms.
In addition, you agree to indemnify and keep indemnified Channel 4 from and against all claims, damages, expenses, costs and liabilities (including any legal fees in relation to the same) relating to or arising from your use and/or membership of the Site or arising from any breach or suspected breach of these Terms by you or your violation of any law or the rights of any third party.
The names, images and logos identifying Channel 4 and all Channel 4 associated companies or third parties and their products and services are proprietary marks of Channel 4, its associated companies and/or third parties. Nothing contained in these Terms shall be construed as conferring any licence or right under any copyright, trade mark, patent or and other intellectual property right of Channel 4, its associated companies or any other third party unless expressly stated otherwise.
All copyright, trade marks and other intellectual property rights in the Site (including the design, arrangement and look and feel) and all material or content supplied as part of the Site, other than "User Generated Content" (see above) and "Your Data" (see below), shall remain at all times the property of Channel 4 or Channel 4's licensors.
In accessing the Site, you agree you do so only for your own personal, non-commercial use. Unless otherwise stated, you may not copy, reproduce, download, post, store (including in any other website), distribute, transmit, broadcast, commercially exploit or modify in any way the Site's material or content (including other people's User Generated Content) or permit or assist any third party to do the same.
Any private information and/or data relating to your User Generated Content other than Your Data (for which see our Privacy Policy) e.g. information provided to Channel 4 in relation to legal and best practice issues, that you are asked to supply or that you supply voluntarily as part of the registration process and as part of the upload/download process, will only be used by Channel 4's subcontractors, employees, agents and advisors (including legal advisors) as part of the process of administering your Membership and when making decisions whether any User Generated Content you seek to upload onto the Site should be accepted or rejected. In addition, Channel 4 may at its discretion disclose this information to the police, regulatory bodies or any legal advisers in connection with any alleged criminal offence or suspected breach of these Terms by you or otherwise where required by law. Otherwise, this information will be kept private and confidential and will not be passed on to third parties without your express consent.
You agree to only use the Site for lawful purposes, in a manner which does not improperly infringe the rights of, or restrict or inhibit the use and enjoyment of, the Site by any third party. Such restriction or inhibition includes, but is not limited to, conduct which is libellous, or which may harass, cause real distress or inconvenience to any person and the transmission of obscene or offensive content or interruption of the normal flow of dialogue within the Site.
Channel 4 does not undertake to broadcast or otherwise make available User Generated Content. Any User Generated Content or material of any kind may be rejected by Channel 4 at its absolute discretion. All decisions are final and Channel 4 will not enter into any discussions or correspondence about why User Generated Content or other material have been rejected.
Channel 4 may, in appropriate circumstances, and at its sole discretion, remove certain content or disable access to content that appears to be legally or otherwise problematic e.g. it infringes the copyright or other intellectual property rights of others, is defamatory etc., or for any other reason Channel 4 decides. In relation to all comments that are posted onto the Site, authors hereby consent to Channel 4 deleting or editing such comments in any way it deems fit for whatever reason.
Channel 4 reserves the right to communicate with Big Art Mob website members via SMS and email, including members of the public who have posted content to the site anonymously. These communications will be specific to the services offered at The Big Art Mob, and we will not share your email or mobile number with any third parties. You may opt out of these communications (aside from critical information) at any time. Opt out information is included in all communications originating from the Big Art Mob.
If you believe any of your rights have been violated e.g. your copyright infringed, you have been defamed etc., by material available on the Site please provide Channel 4 with the following information immediately:
Channel 4 can be reached as follows: Channel 4 Television Corporation, 124 Horseferry Road, London SW1 2TX or by email at bigartmob@channel4.com.
Channel 4 is not responsible for the availability or content of any third party websites or material you access through the Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Channel 4 does not endorse and is not responsible or liable for any content, advertising, products, services or information on or available from third party websites or material (including payment for and delivery of such products or services). Channel 4 is not responsible for any damage, loss or offence caused by or, in connection with, any content, advertising, products, services or information available on such websites or material. Any terms, conditions, warranties or representations associated with such dealings, are solely between you and the relevant provider of the service.
Links to the Site must be direct to the channel4.com/bigartmob homepage (and not any part of a page) and must not be viewed within the pages of any other site. Channel 4 disclaims all liability for any legal or other consequences (including for infringement of third party rights) of links made to the Site.
Links do not imply that Channel 4 endorses, is affiliated or associated with any linked site, or is legally authorised to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorised to use any trademark, trade name, logo or copyright symbol of Channel 4 or any of its affiliates or subsidiaries. Channel 4 reserves the right to request that links are removed at any time.
The Site and the information, names, images, pictures, logos, content and icons relating to channel4.com/ bigartmob, Channel 4, and/or any of Channel 4's associated companies, products and services (or to third party products and services), are provided 'AS IS' and on an 'AS AVAILABLE' basis without any representation or endorsement being made and without warranty of any kind, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
The information and other materials included on the Site may contain inaccuracies and typographical errors. Channel 4 does not warrant the accuracy or completeness of the information and materials or the reliability of any statement or other information displayed or distributed through the Site (including, without limitation, the information provided through the use of any software). You acknowledge that any reliance on any such statement or information shall be at your sole risk. Channel 4 reserves the right, in its sole discretion, to correct any errors or omissions in any part of the Site and to make changes to the Site and to the materials, products, programs, services, content or prices described in the Site at any time without notice. In no event will Channel 4 and/or third parties be liable for any damages including, but not limited to, errors or omissions, indirect or consequential damages or any damages whatsoever arising from use or loss of use, data or profits, whether in action of contract, negligence or other action, arising out of or in connection with the use of the Site. These exclusions do not apply to death or personal injury caused by Channel 4's negligence and only apply to the extent permitted by law.
Channel 4 does not warrant that the functions contained in the Site will be uninterrupted or error free or that defects will be corrected or that the Site or the server that makes it available are free of viruses or bugs. Channel 4 does not represent the full functionality, accuracy or reliability of any material. Channel 4 may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time without notice or liability.
Any products and services mentioned in the Site are subject to availability and are available at the sole discretion of Channel 4. Furthermore, where applicable, all references to Channel 4 products and services are intended to apply only in the United Kingdom.
From time to time certain software which is the protected work of Channel 4 or its suppliers may be made available to download from the Site. You are licensed to use the software on a non-exclusive basis only for the purposes for which it is indicated. You may not use the software for any other purpose and may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise deal with the software unless you are specifically advised otherwise.
The Terms shall be governed by and construed in accordance with the laws of England. Disputes arising from the Site or the Terms shall be exclusively subject to the jurisdiction of the courts of England. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises.
If any of the Terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the law of any state or country in which the Terms are intended to be effective, then to the extent and within the jurisdiction in which that term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from that clause and the remaining terms and conditions shall survive and continue to be binding and enforceable.
Channel 4 makes no representation that materials on the Site are appropriate or available for use at other locations outside of the United Kingdom and access to them from territories where their contents are illegal is strictly prohibited. If you access the Site from a location outside of the United Kingdom, you are responsible for compliance with all local laws.
For more information please contact us at Channel 4 Television Corporation, 124 Horseferry Road, London SW1P 2TX or by email at bigartmob@channel4.com.
Last updated 2nd October 2006