Please note that text messages that you send to initiate access to ITV Mobile (e.g. MOBILE to 63330) will be charged at two standard messages (usually 10/12p per message dependent on you Mobile Network Operator’s rates).
When you browse the ITV Mobile Portal (WAP site) on your phone you will be charged by your operator for the data that you use in doing so. What you pay is therefore dependent on your operator's own data charges and the amount that you use the service. Ask your operator for details. ITV is not responsible for billing and will not be liable for any failure on the part of your operator or for signal failures.
You may also purchase other products and services through ITV Mobile. Details of the charges and any other conditions that apply will be detailed to you before you purchase. You will not be able to cancel any such purchase after you have requested it.
Please note that these Service Terms incorporate the ITV Mobile Terms of Use and the ITV Privacy Policy.
ITV MOBILE TERMS OF USE
14 JAN 2009
The ITV mobile services available through www.itv.com/mobile or by texting Mobile to 63330 (the “Services”) are provided to you by ITV Consumer Limited. Any reference to “you” or “your”, means you as user of our Services, any reference to “we”, “us”, “our” or “ITV” is to ITV Consumer Limited.
For our contact details please see the end of these Terms of Use. These Terms of Use set out important information regarding your rights, obligations and the restrictions that may apply when you use our Services (which may include audio visual content, text, photographs, forums, advertising, classifieds and other services). We recommend that you read them carefully before using the Services. These Terms of Use govern the relationship between you and us when you access and use the Services. By accessing and continuing to use the Services, you agree to be legally bound by these Terms of Use.
Please note that we may update and amend these Terms of Use from time to time and any changes will be posted on the Services. However, it is your responsibility to ensure you review these Terms of Use regularly to familiarise yourself with any changes. We recommend that you print and store or save a copy of these Terms of Use for future reference. If you do not agree with any of our Terms of Use then you should not use our Services.
You may be asked to agree to further terms and conditions when using specific services for example entering competitions promoted by us or our partners, message boards, submitting materials, subscriptions, or purchasing content or other goods via the Services. If there is any inconsistency between these Terms of Use and any such terms and conditions, the latter terms and conditions shall prevail.
Your Rights and Promises:
You agree to use the Services only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Services by any third party.
You agree to comply with these Terms of Use when using our Services and all applicable laws and regulations, together with any specific usage rules that may be posted in relation to any material and content that you access via the Services.
The contents of the Services and any software provided to you by us may not be copied, reproduced, communicated and/or made available to the public, republished, downloaded, posted, recorded, broadcast or transmitted or used in any other way, except for your own personal, private and non-commercial use, unless otherwise expressly permitted by us.
You agree that you will not use the 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. You will not 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 or to penetrate or attempt to penetrate the Services’ security measures.
You agree to compensate us in respect of any damages suffered by us or any of our losses resulting from any claim made by a third party in each case in respect of any matter arising from your use of the Services in breach of these Terms of Use or from your violation of any applicable law or regulation.
You agree not to give any indication that you have any commercial relationship with us, or that you are our agent or that we have endorsed any submission you may make. We reserve the right to suspend, restrict or terminate your access to any, or all, our Services at any time at our sole discretion. We may also ban or suspend you as a user of our Services if you do not comply with these Terms of Use.
Geo-blocking:
Our Services are using geo-blocking software to prevent you from accessing them from outside the United Kingdom: this is necessary for us in particular to comply with the terms of our content licences. You agree not to attempt to access, or not to attempt to circumvent the geo-blocking software to access, the Services from anywhere outside the United Kingdom.
Piracy:
Certain of our Services use security technology to protect the material and content made available on our Services. You may not attempt to or assist any other person to remove or otherwise alter or interfere with any security technology used in connection with the Services, nor may you 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.
Intellectual Property:
All intellectual property rights in the Services and all material or content made available by ITV via the Services (excluding any Submissions by users (in respect of which see below)) shall remain at all times the property of ITV or ITV's licensors. 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 express permission. Nothing contained in these Terms of Use shall be construed as conferring by implication any licence or right to use any trade mark, patent, design right or copyright of ITV or of any third party.
Your Submissions:
If you wish to submit any contribution to the Services or upload any content on the Services, such as any text (including, for instance, on any chat rooms or forums), photographs, graphics, video or audio (“Submission”), you agree that any Submission you make to the Services, is subject to the following additional terms: You retain all ownership rights in any Submission you may make. You promise that you are the original owner of any Submission you make or you have the necessary licences, rights, consents, and permissions to authorise us to use your Submission. In particular, you promise that you have obtained the permission of all of the people featured or referred to in the Submission (and if they are under 18 their parents or guardians as well) to our use of the Submission. You agree to give us evidence of all such licences, rights, consents, and permissions if so requested by us.
You acknowledge that the contents of any Submission material other than personal data will be considered non-confidential. By making a Submission to our Services, you grant us a worldwide, perpetual, non-exclusive, royalty-free and transferable licence (with the right to sub-license) to use, edit, reproduce, record, modify, translate, distribute, play, perform, make available to the other users of the Services, prepare derivative works of and to display your Submission by any medium or method whether now known or later developed to be exercised in our sole discretion throughout the world for the full term of copyright and other rights and all renewable and extension thereof including, for the avoidance of doubt, the right to register any design rights and/or trade marks.
You agree to waive your moral rights in your Submission. You are responsible for the contents of any Submission you may make and the consequences arising from its use on our Services. You will not upload onto our Services any material or content which is in any way defamatory, obscene, unlawful, harmful, offensive or inappropriate or infringes the rights of a third party or may have the effect of being harassing, threatening, abusive or hateful or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
You agree not to infringe any laws in order to produce or make a Submission. You agree not to transfer files which contain viruses or other harmful programs. Further, you must not endanger yourself or others or take any unnecessary risks in order to produce or make a Submission.
You also agree not to advertise or promote third parties' or your own goods or services. In particular, you agree not to use the Services to provide links to third party sites. We may accept your Submission, modify your Submission, or refuse to display your Submission at any time in our sole and absolute discretion.
We may also withdraw your Submission and/or suspend, restrict and/or terminate the Services provided under these Terms of Use immediately without notice to you for any reason, including, without limitation, where we suspect your Submission to be in any way defamatory, obscene, unlawful, harmful, offensive, inappropriate or to infringe the rights of a third party. We have no obligation to modify or remove any inappropriate, offensive or unlawful content. Please note that we cannot accept any Submission containing any music, save where expressly permitted by us.
Registration:
You may be required to register your details for certain Services and open a user account. You may change or update your user name and password or other details at any time via your account. You promise that all information and details provided are true, accurate and up to date in all respects and at all times.
It is your sole responsibility to maintain the confidentiality of your password and that you are responsible for all activity that occurs under your user name and password. We will not be liable where your password is used by someone else. You should notify us immediately of any unauthorised use of your password and any breach of security as soon as you become aware of it.
Cancellation:
If you purchase any material or service from our Services, you may cancel your purchase order, and receive a full refund, within seven (7) working days of receiving your confirmation. In order to cancel, you must tell us in writing (fax, letter, SMS or email) that you wish to cancel your contract. However, you may not cancel if you have purchased any material or service from us (for example, a ring tone), and you have received that service. You acknowledge that you cannot have recourse to the Consumer Protection (Contracts Concluded by Means of Distance Communications) Regulations 2000 to cancel your purchase order once it has been delivered to you.
Safety:
We advise that you never reveal via the Services any personal information about yourself or anyone else (for example: telephone number, home address or email address). You are entirely responsible for maintaining the confidentiality of your details when using our Services.
Links to Other Sites and Services:
The Services may contain links to other third party sites and services through advertising or otherwise. These links are provided for your ease of reference and convenience only. We have no control over those third party sites or services and are not responsible for their contents. We do not endorse the material contained in their sites or services, and have no association with their operators.
You agree that we won't be party to any transaction or contract with a third party that you may enter into and we won't be liable to you for any loss or damage which you may suffer by using those third party sites and services. You agree that you will not involve ITV in any dispute you may have with such third party sites and services.
Our Legal Obligations and Limits On Liability:
Nothing in these Terms of Use will: • restrict your statutory rights (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); • limit our liability for death or personal injury resulting from our negligence or for fraud.
These Terms of Use shall not make us responsible for any damage or loss caused to you where such damage or loss is not reasonably foreseeable to you and us when you agree to these Terms of Use (which occurs automatically when you access and continue to use the Services), including where the damage or loss results from our breach of these Terms of Use; We do not accept liability for any damage or loss caused to you where you are not entering into these Terms of Use as a consumer.
We do not guarantee which Services will be provided or available. All Services are provided on an 'as is' and 'as available' basis. We do not give any guarantee to the accuracy, suitability, reliability, completeness, performance, satisfactory quality, fitness for a particular purpose, or freedom from viruses, or other harmful programs contained in or accessed through the Services.
We do not guarantee or endorse any content posted on the Services by users. We do not accept any liability for damage to your mobile phone or for any loss of data that results from your use of the Services and we cannot guarantee that any files that you download are free from viruses, contamination or destructive features or for any problems or inadequacies with your mobile phone or software.
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. The Services may be suspended at any time and without notice including in the case of system failure, maintenance or repair or for reasons 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 discontinued, modified or changed in any way.
We shall not be liable for any failure, any suspension or any termination of access to the Services or any content in connection with or arising out of a force majeure event. In these Terms of Use, a "force majeure" event shall include, without limitation, 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.
The views expressed in any content or material which is uploaded by you or other users of the Services do not reflect ITV's views. We have no liability in connection with any claims brought against you by a third party except as stated in these Terms of Use.
Privacy:
Please read our Privacy Policy posted on www.itv.com which contains important information about the use of your personal data and other information regarding your privacy.
Severance:
If any provision of these Terms of Use shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms of Use which shall remain in full force and effect.
Law and Jurisdiction:
These Terms of Use are available in English only and shall be 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 of Use shall be 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.
General:
These Terms of Use were last updated on 14 January 2009.
Contact Details:
You can email us with any questions, queries or complaints at itvihelp@itv.com. ITV Consumer Limited, a company registered in England & Wales with registered office at 200 Gray's Inn Road, London WC1X 8HF. Company No. 2937518. VAT Registration: 197 0041 67 
