Last Updated : April 2016
Add Video (the “app”) is owned and operated by Cool Hill Films Ltd (trading as “Rare Prominence”). These are the terms and conditions that you must agree to in order to use this app (the “Rules”) and by using the app and accessing our website add.video (the “Website”), you acknowledge that you have read and understood these Rules and agree to be bound by them.
1. Age Restrictions
• To use this app you must be over the age of 16 unless we have specifically obtained permission from your parent or legal guardian.
• If you are younger than 16:
• You must show your mother, father or guardian these Rules and they must have then given you permission to use this app and have notified us of this permission by emailing info@rareprominence.com
• Unless your mother, father or guardian have told you otherwise, you must be supervised at all times by your mother, father or guardian when using this app.
• If you are a mother, father or guardian of a user of this app who is under 16 then you must agree to these Rules in respect of yourself and your child and make sure that your child understands and complies with them. Unless you agree that your child can use this app without supervision, you must supervise your child’s use of this app at all times. You are responsible for your child’s use of this app (supervised or unsupervised).
• Following Rare Prominence’s receipt of the email confirming parental permission for you to use this app, Rare Prominence will cease to be liable to you for any processing of your data without consent and your parent becomes liable to ensure your compliance with these Rules.
2. Your Data
• We will always treat your personal data according to our Privacy Statement which appears at the end of these Rules. Details of the personal data that we collect about you are contained in the Privacy Statement.
• Once you have uploaded your content, you will not be able to delete this material from Rare Prominence’s server. However, you may close your account by contacting us on the details given in the ‘Contacting Us’ section of these Rules.
3. Creation of Content
• We respect your responsibility for the content you choose to share with us. However, when creating the content, you must agree to the following rules of use:
• Do not say anything about your friends, family or other people or use anyone’s image in the content unless you have their express permission to do so and their express approval of what you have said;
• Do not say anything about anyone or anything that is not true;
• Do not say anything that is illegal, offensive, pornographic, rude, racist, sexist, ageist, discriminatory, abusive or defamatory or detrimental to the nature of the product you are discussing without due cause and don’t encourage any of these activities;
• Do not say anything that is deliberately meant to upset anyone else;
• Do not use obscene or vulgar language;
• Do not use the identity of anyone else;
• Do not copy anyone else’s material when you are creating the content – the content should be your thoughts and comments and no one else’s;
• Do not use anyone else’s work when you are creating the content without seeking their express permission first;
• Do not use anyone else’s confidential information in the content; and
• Do not offer to buy, sell or trade anything.
• If you are a child, you must not give details about what school you go to or your address and you must tell your parents or guardian straight away.
• You may wish to talk about celebrities and third party brands in the content and the content may incidentally include footage of third party branded products. That is allowed in the United Kingdom, but you would still follow need to follow the above rules. You may not engage in any form of commercial advertising – this does not include references to businesses for non promotional purposes including references to third party brands and advertising in each case which is incidental.
• You are only allowed to use this app for the purposes of submitting the content to Rare Prominence and Rare Prominence’s clients. You are not allowed to use this app for any other purpose. In particular, you may not make any copies of the content and must delete it once it has been added to your task within the application. Any task you complete using the app will be uploaded wirelessly upon creation, without any need for you to actively post the content.
• The contents of the Briefs and Tasks that you will receive via the app are strictly confidential. Additionally, you must keep any content created by you confidential. Rare Prominence and Rare Prominence’s clients, however, may use the content provided by you consistent with all terms and conditions described herein. You may not show the content to third parties and you must not upload it to any third party sites including without limitation www.facebook.com, www.youtube.com or www.twitter.com.
• You accept we may edit the content at our discretion and without your consent.
4. Ending Your Use of This App
• We may stop you from using this app, or ask you to stop using this app, at any time. This may be by disabling your account or by giving you a notice (for example, sending you an email) to stop using the app. We may also delete the content at any time if we, in our sole discretion, consider this appropriate.
5. Ownership of This App and Contents
• The content of this app, including all pictures, graphics, words, buttons, icons, moving images, music and sound and the presentation, selection and arrangement of the same belong to Rare Prominence or its licensors and assignors from time to time. You may not copy or use any of it other than directly as part of the normal use of this app.
• The content you create using the app will belong to Rare Prominence and you hereby transfer and assign to Rare Prominence absolutely by way of present assignment of present and future rights with full title guarantee all rights, title, interest and goodwill you hold in the copyright and all other intellectual property rights in the content in each case for all purposes throughout the world in all media in each case whether vested, contingent or future, as well as all rights of action to which you are now or in the future may be entitled under the law enforced in any part of the world for Rare Prominence, its successors, assignees and licensees to hold absolutely throughout the world for the entire period of such rights including all renewals, revivals, reversions and extensions thereof. In other words, in creating any content using this app, you do not retain any intellectual property rights in such content. Rare Prominence’s ownership starts upon the creation of the content, therefore please take note of Rare Prominence’s uploading procedure.
• You agree to unconditionally and irrevocably waive, in respect of the content you create using the app, all moral rights to which you may now or at any future time be entitled under the Copyright, Designs and Patents Act 1988 as amended from time to time and, so far as is legally possible, any broadly equivalent rights you may have in any territory of the world. *•You agree, at our request and expense, to take any actions and execute all documents as may in our opinion be reasonably necessary to enable us to obtain, defend or enforce our rights in the content.
6. Changes
• Rare Prominence may alter, remove or withdraw this app or any part of it (including anything that you add to it) at any time for any reason, with or without telling you.
• Rare Prominence may change these Rules at any time. You must make a note of the “Last Updated” date at the top of this page and check back regularly for updates. Rare Prominence will provide a notification upon your next use of the app following any changes that materially affect how we process any personal information we collect. Your continued use of this app confirms your acceptance to any updated terms.
7. Liability
• THIS APP IS PROVIDED “AS IS”, without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement of any third party intellectual property rights or any law in any jurisdiction, compatibility, security and accuracy. Errors may appear in the app and there may be delays in downloading the app or in uploading or downloading the content. Any products or services which we ask you to provide comments on are those of our clients and we do not accept any liability for them nor should any part of this app constitute advice in any way regarding such products or services and cannot be relied on. Your download this app is at your own risk.
• This app is provided to you free of charge and as such it is reasonable for us to exclude and limit our liability to you as follows. To the fullest extent permitted by law, RARE PROMINENCE SHALL NOT BE LIABLE TO YOU FOR ANY LOSSES, COSTS OR EXPENSES that you suffer because of or in connection with your use of this app even if Rare Prominence has been advised of and should have foreseen the possibility of such loss.
• Without prejudice to the exclusions of liability included above and to the extent permitted by applicable law, Rare Prominence’s total liability to you arising under or in connection with these Rules no matter how fundamental (including by reason of Rare Prominence’s negligence) shall be limited to £50.
• Notwithstanding any contrary provision in this Agreement, Rare Prominence does not limit or exclude its liability in respect of: any death or personal injury caused by its negligence; any fraud; and any statutory or other liability which cannot be excluded under applicable law.
• The Internet is not secure. Sometimes, internet service providers or other third parties can and do intercept for legitimate and illegitimate purposes. Rare Prominence will not be liable to you for any losses, costs or expenses that you suffer because of this or any other action or inaction of any third party.
• Rare Prominence cannot guarantee that this app is free from computer viruses or malware. You must use adequate and up to date anti-virus and anti-malware software when accessing this app.
• You agree to be responsible for, and pay back to Rare Prominence, any losses, costs or expenses that Rare Prominence suffers or incurs as a result of you failing to comply with these Rules.
• This app is intended to be used in the United Kingdom. Rare Prominence makes no representation that the app or the materials in the app are appropriate or available for use in other locations. If you download this app from other locations, you are responsible for compliance with local laws.
8. Other Terms
• The Privacy Statement which appears at the end of these Rules (privacy statement) applies to the use of your personal data in connection with this app.
• Other terms and conditions may apply where stated, for example for competitions.
• If any part of these Rules is, at any time, found to be invalid by a court, tribunal or other forum of competent jurisdiction, or otherwise rendered unenforceable, that decision shall not invalidate or void the remainder of these terms and conditions. These terms and conditions shall be deemed amended by modifying or severing such part as necessary to render them valid, legal and enforceable while preserving their intent, or if that is not possible, by substituting another provision that is valid, legal and enforceable that gives equivalent effect to their intent.
• You may not assign, sub-license or otherwise transfer your rights under these terms and conditions.
9. Law
• You agree that these rules are governed by and shall be construed in accordance with the laws of England and Wales (including any non-contractual obligations arising out of them). You agree to submit to the exclusive jurisdiction of the courts of England and Wales as regards any claim, dispute or matter arising out of these Rules whether contractual or non contractual.
10. Contacting Us
• You can contact us as follows:
• By email to: info@rareprominence.com
• By post to:
Rare Prominence, Office 2, 10-11 Lewes Road, Brighton, BN2 3HP