TalkTalk X Factor

Terms and conditions

Terms and Conditions for submitting a "BrightStar Studio" video or image to the Website and entering the online competitions

• 1. Introduction

  • 1.1. Use of this website (including submitting a BrightStar Studio video or image, or posting a video question to X Factor finalists on the site (a "Submission")) and the services provided via it ("Website") are conditional upon you accepting the following terms and conditions. Unless otherwise specified, your acceptance of this User Agreement shall be indicated by your use of and/or registration with Website and/or making a Submission. Website is provided by TalkTalk Telecom Limited at 11 Evesham Street, London Wqq 4AR, and its suppliers and/or affiliates ("we"/"our"/"us"/"TT").
  • 1.2. These terms and conditions and our Privacy Policy, (together the "User Agreement") form our entire agreement with you in respect of non-chargeable use of the Website and supersede any prior agreement or arrangement with you in respect of Website.

• 2. BrightStar Studio terms and conditions

  • 2.1. Persons aged 16 years or younger agree that they have obtained the permission of their parent or legal guardian before entering a Submission.
  • 2.2. Submissions may only be made by individuals who register and provide all requested information.
  • 2.3. We will review and moderate Submissions and we reserve the right not to show Submissions on any media for all time.
  • 2.4. By entering or making a Submission, persons agree to allow the free use of their names, likeness, entry, photographs and general location for publicity and news purposes by us in any manner whatsoever.
  • 2.5. Other than for those liabilities which we are unable to limit or exclude by law, we exclude liability for any loss or damage arising from any Submissions to the Website. We do not make and assume no responsibility and are not liable for any representation, warranty, condition or guarantee in respect of Website (other than those warranties or conditions implied by statute which cannot be excluded).
  • 2.6. Obscene, offensive, abusive, defamatory, menacing, illegal or otherwise objectionable material including without limitation any adult-oriented content are not permitted and will not be accepted and/judged o be eligible. You must not send, receive, upload or download, misuse or re-use any material which is in breach of any other person's rights or otherwise unlawful or cause annoyance, inconvenience or needless anxiety. It is a criminal offence and a breach of these terms and conditions to send telecommunications messages that are grossly offensive, defamatory, indecent, obscene, of a menacing nature or which are illegal.
  • 2.7. Nothing in these rules shall affect your statutory rights. TalkTalk may (at its sole discretion) decline to enter into any correspondence save as otherwise stated in these rules.
  • 2.8. You agree to indemnify and hold harmless TT (and its affiliates and related entities) against any claims, damages, losses or other costs which are brought or threatened against TT by third parties in relation to any material that you submit or resulting from any use of the Website that is in breach of these terms.

• 3. Access All Areas question submission terms and conditions

  • 3.1 Only questions from entrants who are verified as current TalkTalk customers at the point that the questions are chosen will be considered, and all other entries will be void.
  • 3.2 Persons aged 16 years or younger agree that they have obtained the permission of their parent or legal guardian before entering a Submission.
  • 3.3. We will review and moderate Submissions and we reserve the right not to show Submissions on any media for all time.
  • 3.4. By entering or making a Submission, persons agree to allow the free use of their names, likeness, entry, photographs and general location for publicity and news purposes by us in any manner whatsoever.
  • 3.5. Obscene, offensive, abusive, defamatory, menacing, illegal or otherwise objectionable material including without limitation any adult-oriented content are not permitted and will not be accepted and/judged to be eligible.

• 4. Availability of Website

  • We reserve the right to make Website unavailable at any time or to restrict access to parts or all of Website without notice. Website is a general information service.

• 5. Use of Website

  • 5.1 Website is designed for your personal, non-commercial use and you must not use it in any other way without our consent. Except as permitted under applicable law, you must not use, copy, translate, publish, licence or sell Website or any materials or information in Website or the structure, overall style and program code of Website without our consent.
  • 5.2 You agree to only use the Website for lawful purposes. We cannot make any assurances about the information or contribution made by any other user and you should exercise caution before acting or otherwise relying upon any information you obtain via the Website.

• 6. Links

  • Website includes links to other internet sites. We make no representations or warranties about those sites or their content, nor that the links work or are error or virus free or otherwise non-harmful.

• 7. Data Protection

  • 7.1. It is your responsibility to ensure that that you give us an accurate and valid e-mail address and other contact details and tell us of any changes to them. We comply with all applicable Data Protection laws in the UK. For a description of how we use your personal data, please see our Privacy Policy at www.talktalk.com 8.2. You do not object to TT storing copies of your Submission or to it storing your contact details on its database in case it needs to contact you.

• 8. Intellectual property

  • 8.1 The Website, its style and structure, and the materials and information on Website of Website are protected by copyright and other intellectual property rights, and may not be used by you except as expressly provided in this User Agreement. TalkTalk is a registered trademark.
  • 8.2. You agree that all intellectual property rights in a Submission shall belong to us and you waive any moral rights which subsist in any Submission.
  • 8.3. You warrant to us that your Submission is original work and it has not been copied from any other source and that it will not infringe the rights of any third party or any right of privacy, publicity or personality or any other right, whether registered or unregistered, of any other nature or any person, or be obscene or libellous or blasphemous or defamatory and you agree to indemnify us against all claims, proceedings, damages, liabilities and costs, including legal costs arising out of your breach of this term.
  • 8.4. You agree that we have your permission to use your image and likeness, pictures and photographs used in your Submission for any commercial or non-commercial purposes in all and any media for all time.

• 9. Our Liability

  We shall not be liable to you or in breach of these Terms for any delay or failure to perform any obligation if the delay or failure is due to a cause beyond our reasonable control including, without limitation, the blocking or restricting of information to and/or from our network.

  Except as expressly provided in these Terms, we disclaim any further representations, warranties, conditions or other terms, express or implied, by statute, collaterally or otherwise, including but not limited to implied warranties, conditions or other terms of satisfactory quality, fitness for a particular purpose or reasonable care and skill.

  We will not be liable for technical, hardware, or software failures of any kind or lost or unavailable network connections which may limit or prohibit an eligible entrant's ability to make a Submission.

  These terms and conditions are governed by English law and are subject to the exclusive jurisdiction of the English courts.

• 10. Complaints

  If you have any complaints or queries concerning your entry or anything to do with the Website, or any aspect of our service, in the first instance please contact us by sending a letter to this address (TalkTalk, Customer Care Department, 11 Evesham Street, London W11 4AR) The promoter is TalkTalk Telecom Limited of 11 Evesham Street, London W11 4AR.