Terms & Conditions.

Terms & conditions.

Terms & Conditions.

> EyeVibe terms and conditions / user rules

WHAT NOT TO DO IF YOU WANT TO GET ONTO EyeVibe.
You can send us your videos on any topic you like, but it won't be seen by everyone else if you break the following rules:

  • Try not to swear too much.
  • Any form of violence will not be tolerated. We don't want to see the infliction of pain, cruelty, any injuries or scenes of sexual violence.
  • We don't want to see guns or knives or any other kind of weapon.
  • Horror movies are great but we don't want to frighten anyone. Don't be menacing or threatening, and don't get too gory.
  • Crime doesn't pay and we don't want to see you breaking the law, or hear about any techniques you know for breaking the law. Chat to your local police station instead.
  • If you like taking illegal drugs, we don't want to know.
  • If you don't like other people in the community, this isn't the place to air your views. No racism, sexism or homophobia for example.
  • Please don't copy other people's videos (from EyeVibe or anywhere else) and send them in as your own, because:
  1. it's not a nice thing to do (a lawyer would call it theft)
  2. if we catch you doing this we'll have to ban you from sending in videos

If you want everyone to see your video then:

  • Don't strip naked, nobody wants to see your bits on their handset.
  • Talk about sex if you like, but don't go into graphic details and we certainly don't want to see you doing it or simulating it, and keep any toys out of sight.

We do allow this type of video, but it will be put behind an access PIN to make sure only those who should see it can see it.

And remember, we don't have to publish your content - it is up to us, though we do want to as much as we can.

TERMS AND CONDITIONS
By submitting video footage ("Video") to EyeVibe you agree that you are bound by and will comply with these terms and conditions (which includes our Privacy Policy). They're basic good common sense to make sure we avoid offending anyone or breaking the law. A little further down we explain how we will pay you for your Video.

BASIC RULES
Age

You must be over 18 to submit a Video.

Consent

You acknowledge and agree that you must have the prior express consent of all those persons appearing in your Video to : (i) appear in your Video; and (ii) your submitting that Video to See Me TV.

No defamatory, pornographic and racist material

You must not submit any Video that is, or contains material which is, defamatory, libellous or slanderous, or which might embarrass someone or invade their privacy, vulgar, tasteless or obscene, racist, abusive, malicious or derogatory (toward an individual or business entity).

Your Video must not depict violence or other illegal activity (eg. Assault, drug usage, images of child abuse or breaking and entering). We may notify the police if we receive such Video.

No Video taken using other equipment or manipulated pictures

Please only submit Video that has been taken using your 3 mobile. Manipulated or doctored Videos are not permitted.

No Video that is copyrighted or shows just a trademark or logo

Please do not submit any Video that is copyrighted (eg another person's Video or Video that is copied from another or any content downloaded or copied from a website) without the permission of the owner. Videos that predominantly depict a trademark or logo, with little or nothing else, are not permitted.

Personal use only - No advertising or promotional material

EyeVibe is intended for personal use only. You must not submit Video for advertising or promotional purposes.

No images of celebrities or public figures

You must not enter any Video that shows celebrities or public figures unless you have their permission, the Video is taken in a public context or of course if you are the celebrity or public figure in the picture.

Video of private individuals

You may submit Video where a person's identity can be determined as long as the picture was taken in a public environment and does not infringe on that person's right to respect for their private life.

No abundant or gratuitous coarse language

Your Video must not contain abundant or gratuitous coarse language.

REGISTRATION AND RESPONSIBLE USE
You must not under any circumstances allow any other person to access See Me TV using your handset. You are responsible for all actions (including misuse) that take place as a result of access to EyeVibe via your mobile handset (including the entry of a false email address for payment purposes or an email address that is not your own). A breach of these terms and conditions by anyone whom you allow to use your mobile handset will be treated as a breach by you. It is your responsibility to ensure the security of your handset. In the event that your handset is lost or stolen you must immediately notify us of such occurrence. We reserve the right to change your account name at any time with notice to you in our sole and absolute discretion.

WHAT 3's RIGHTS ARE
3's rights

The Video that you submit to EyeVibe will be reviewed for suitability and compliance with other 3 editorial criteria before it is posted on the H3G service. Submitting a Video does not guarantee that the Video will be published on EyeVibe and 3 may reject or accept your Video for any reason in its absolute discretion. Further, 3 may at any time and without notice or further liability to you: (1) take down your Video; (2) restrict or terminate your access to EyeVibe, including where you leave our network or if 3 terminates or suspends your 3 account (including for non-use in the case of Threepay customers); and (3) notify law enforcement authorities if your Video depicts illegal conduct. If your 3 account is terminated or suspended 3 may take down and destroy any Video that you have submitted to the EyeVibe.

Editorial and other rights

You acknowledge and agree that 3 may, in its sole discretion and without notice to you, determine aggregation of your Video with other content, as well as the look and feel, layout, placement and design of your Video when implemented on 3's service. You acknowledge that 3 may in its absolute discretion edit, alter, adapt, reformat, tag or otherwise modify your Video.

PAYMENT
If we publish your Video you will be paid for it via PayPal's MassPay service. Here are the details:

  • When we publish your Video to EyeVibe, 3 will set up an account for you using your MSISDN (which we capture when you send us your Video) and the email address you give us. Each account will have a user balance of zero when it is first set-up, but this will increase as people pay to watch your Video.
  • Each time a user pay to watch your Video from EyeVibe we will credit your EyeVibe user balance as follows:

Video Price || Credit Amount

 

  • 10p ----------------1p
  • 20p ----------------2p
  • 25p ----------------2 ?
  • 30p ----------------3p
  • 49p ----------------5p
  • 69p ----------------7p
  • 99p ----------------10p
  • £1.49 --------------15p

However, your balance will not begin to accrue until you validate your account by accessing the EyeVibe product from your 3 video mobile and you will not receive any payment unless you enter a valid email address.

  • If your user balance reaches or exceeds £10 we will send your email address to PayPal, who will contact you (by email) to set up an account so you can be paid. (Note: PayPal may charge you an administration fee to set up your account. You, not 3, 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, not 3, are responsible for complying with those terms and conditions and meeting any associated costs).
  • Payment terms are 45 days in arrears from the end of month to which the payment relates. For example, if your balance reaches or exceeds £10 during December, you would expect to receive notification of payment being available from PayPal any time after February 14 (45 days from December 31). Your balance will then reset to zero and the process will begin again.
  • Your right to payment is subject to your ongoing compliance with 3's Terms and conditions for 3 Services. 3 may at any time, and at its sole discretion, withhold payment to you if it suspects that you are artificially inflating the number of downloads of your Video, if you have paid for 3 Services using a stolen, invalid or expired credit or debit card or 3 is required to refund a credit or debit card provider in respect of your payment for 3 Services, or if 3 suspects you are otherwise interfering in any way with the 3 Network. If your account is in dispute (eg under credit investigation) we reserve the right to withhold payment until such point as the dispute is resolved. Where monies are owed by you to 3, we reserve the right to offset such monies through the cancellation of all or part of the payments due to you in respect of the EyeVibe service.
  • You, not 3, are responsible for making sure that you pay any income or other taxes that you incur as a result of using the EyeVibe service. Important information about how you will be paid.
  • You will only be paid if your EyeVibe user balance reaches or exceeds £10. Your balance will then reset to zero and begin to accrue again. If your user balance does not reach £10 (for whatever reason) you will not be paid.
  • Your user balance will only accrue as a result of a download if 3 receives revenue from that download.
  • We may remove your Video from EyeVibe at any time, for any reason and we may determine in our absolute discretion where we place your Video on EyeVibe. This could affect the number of downloads of your Video, 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.
  • We will not pay you directly. Instead, each time your account balance reaches or exceeds £10, 3 will transfer the full amount and your email address across to PayPal. PayPal will then contact you (by email) and ask that you set up a PayPal account so you can be paid. If you do not set up an account with PayPal you will not be paid for your Video. 3 is not responsible if you are unable, for whatever reason, to set up an account with PayPal.
  • 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.

Note: 3 cannot, and you acknowledge and agree that 3 will not, be liable, whether through negligence or breach of contract or otherwise, for any loss or damage (whether direct, indirect or consequential and including loss of revenue or profit) which you suffer or incur in connection with your use of the See Me TV service.

SPECIAL PROMOTIONS
From time to time 3 may promote cash bonus incentive programs. As well as any terms on the EyeVibe microsite and these terms and conditions, the following additional terms will apply to those programs:

From time to time 3 may promote cash bonus incentive programs. As well as any terms on the EyeVibe microsite and these terms and conditions, the following additional terms will apply to those programs:

  • 3 will record the number of downloads of each Video available on the EyeVibe service during the promotion period as stated within the EyeVibe application ("promotion period")
  • You will be awarded the bonus if 3 determines that your Video was the most downloaded Video during the promotion period. If the incentive program applies only to Videos within a specified category, then you will be awarded the bonus if 3 determines that your Video was the most downloaded Video within that category during the promotion period. Only those downloads for which 3 earns revenue will be counted. You will be notified by telephone within 15 days after the end of the period if you have been selected to receive the bonus.
  • Only 3 customers who are resident in the UK are eligible to receive the bonus.
  • Any bonus payment will be made via PayPal on the same payment terms as set out above.

Other important Terms & Conditions
Responsibility for Video

You, and not 3, are entirely responsible for what you submit to EyeVibe.

Accordingly 3 accepts no responsibility in respect of any Video that you submit. Warranty

You warrant that: (1) the posting of the Video you submit to EyeVibe will not infringe the rights of others; (2) you own the copyright for the material you post and have the full right to submit such material to EyeVibe; (3) you have the express consent of all those who appear in the Video to the filming of that Video and to the posting of that Video to EyeVibe.

Assignment of rights
We will own all rights in your Video once you submit it to EyeVibe. This means you assign all rights in your Video to 3 and you also waive all moral rights in that Video. As we will be the owner of the Video, 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 above ), and 3 may, without notice to you, grant the same or other rights in respect of your Video to third parties without further payment to you. You acknowledge that, if posted on the EyeVibe, your Video may not be forward-locked which means that, once downloaded, it may be forwarded by MMS or email to third parties without restriction and without further payment to you.

Privacy
Information which we obtain about your use of EyeVibe will be used only in accordance with these terms, our Privacy Policy and, generally only to provide and manage the EyeVibe service. As a 3 customer, our use of Your Information will also be subject to our detailed Privacy Notice contained in Section 13 of the Terms and Conditions governing the use of 3 Services. See www.three.co.uk You should be aware that your mobile number is always transmitted whenever you send a text, picture, video or audio message using 3's network, and that we will capture this information (though it will not be displayed to See Me TV users). If required, and/or where necessary, we may disclose information about your use of EyeVibe (and where applicable 3 Services) to law enforcement agencies, and/or other authorities, for the investigation, prevention and detection of crime and the apprehension and prosecution of offenders.

These terms and conditions are subject to change at any time without notice.