Terms and Conditions
General terms and conditions of service for Ocean websites
If you do not agree to these Terms, please do not use the Sites or register as a user.
If you have entered a competition on our sites please click here to read our Competition Terms and Conditions.
1. Introduction and About Us
The Sites are owned and operated by Ocean Broadcasting Ltd (“Ocean”) registered company number 12972562, Registered office 71-75 Sheldon Street, London, WC2H 9JQ
2. Access to the Sites
Access to the Sites is permitted on a temporary basis and Ocean reserves the right to withdraw the Sites (in whole or in part) or amend any part of them (including but not limited to content and materials on the Sites and any services made available through them). Please also see Section 5 below.
Ocean shall not be liable if for any reason the Sites are unavailable at any time or for any period.
You may only use our Sites or the software and services available through them (including but not limited to the Content and User Generated Content as defined below) (collectively, the “Site Services”) for lawful purposes. You must not use our Sites or the Site Services:-
(i) in any way that breaches any applicable local, national or international law or regulation;
(ii) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect or promotes such purposes;
(iii) for the purpose of harming or attempting to harm minors in any way;
(iv) to send, knowingly receive, upload, download, use or re-use any material which is in breach of Section 5 of these Terms; or
(v) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (“Spam”).
You are responsible for making any arrangements necessary for you to have access to the Sites. You are also responsible for ensuring that any persons who access the Sites through your internet connection are aware of these Terms and comply with them.
3. Use of Content and linking to the Sites
All content and material on the Sites (but for the avoidance of doubt excluding User Generated Content) (the “Content”) belongs to Ocean, or its licensors, and save where otherwise specified users should assume that all Content is owned by Ocean. The Content is protected by copyright laws around the world. Unless expressly stated, no Content may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, and may only be used for your personal, non-commercial use. Modification of the Content or other prohibited use of the Content is a violation of Ocean’s copyright and other proprietary rights. All trademarks, service marks and trade names on the Sites are proprietary to Ocean or its licensors.
In particular, but without limiting the above restrictions, you may not do any of the following without prior written permission from Ocean:-
(i) redistribute any of the Content (including by using it as part of any library, archive or similar service);
(ii) remove any copyright or trade mark notice from the Content; or
(iii) create a database in electronic or structured manual form by downloading and storing all or any of the Content.
You may not create any link from or to our Sites without Ocean’s prior written consent. Please contact us if you wish to request permission to link to our Sites.
- Third Party Sites – software and java security
The Sites contain links to other websites provided by independent third parties (“Third Party Sites”), either directly or through frames. Where possible, Ocean will make clear such links are being made, although Third Party Sites may be co-branded with Ocean and so include Ocean’s trademarks. Ocean is not responsible for the availability or content of Third Party Sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party Sites. In particular, if you use links from the Sites to an authorised connected site not operated by Ocean to download software from the Sites or any other material, files, images or data, you acknowledge and agree that Ocean has no responsibility or liability in connection therewith, and does not transfer title to you.
- Limitation of Liability
The Content and any User Generated Content is for your general information and use only and is not intended to address your particular requirements. Whilst Ocean aims to update the Sites regularly, any of the Content or User Generated Content may be out of date and Ocean assumes no responsibility for updating this. In particular, the Content and any User Generated Content does not constitute any form of advice, recommendation or arrangement by Ocean and is not intended to be relied upon by users in making (or refraining from making) any specific decisions. Ocean therefore disclaims all liability and responsibility arising from: (i) any reliance placed on Content or User Generated Content by any visitor to the Sites or by anyone who may be informed of such; and (ii) any arrangements made between you and any third party named on the Sites which are at your sole risk and responsibility.
Because of the number of sources from which Ocean obtains Content and User Generated Content and the nature of electronic distribution via the internet, Ocean does not give any warranties in respect of the Sites or the Site Services. In particular, the Site Services are provided on an “as is” basis. To the extent allowed by applicable law, Ocean hereby disclaims all warranties, conditions or duties of every nature whatsoever (except any duties of good faith), including without limitation, any implied warranties of merchantability of fitness for a particular purpose, any express or statutory warranties, and any warranties or duties regarding accuracy or timeliness. In addition, Ocean makes no warranty that the Site Services are free from infection by viruses or anything else that has contaminating or destructive properties.
To the fullest extent allowed by applicable law, you agree that Ocean will not be liable to you and/or any third party for (i) any consequential or incidental damages; (ii) loss of business; (iii) loss of income or revenue; (iv) lost profits or contracts; (v) loss of data; (vi) loss of privacy; (vii) loss of goodwill; (viii) failure to meet any duty including but not limited to any duty of good faith; or (vi) for any indirect, special, or punitive damages whatsoever that arise out of or in connection with the use of the Sites or the Site Services or any breach of these Terms by Ocean, even if Ocean has been advised of the possibility of such damages. Notwithstanding the provisions of this section, Ocean’s liabilities will not be limited in the case of death or personal injury directly caused by Ocean’s negligence, for fraud or fraudulent misrepresentation or for any liability that cannot be excluded or limited by law.
8. Changes to these Terms
Ocean reserves the right, at its discretion, to make changes to any part of the Sites or these Terms. When these Terms are changed, Ocean will publish details of the new Terms as updated from time to time. You are therefore advised to review these Terms regularly to ensure that you are aware of any changes we make. By continuing to use the Sites, you are agreeing now to be bound by those changes and revised terms.
9. Advertising and sponsorship
Part of the Sites may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Sites complies with applicable law and regulation. Ocean will not be responsible for any error or inaccuracy in advertising material.
10. Choice of law & jurisdiction
These Terms shall be governed by, and construed in accordance with, English Law. You irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.
11. Third Party Copyright
Some of the content used on our website(s) (such as, but not limited to, images and/or audio-visual material) are copyrighted works which belong to and are supplied by third parties (including but not limited to Getty Images, the BBC and ITN), who reserve all their rights in such content. All such third parties shall be entitled to enter the benefit of these Terms in respect of their content as if they were “Ocean” herein and shall be bound accordingly.
You may not assign, sub-license or otherwise transfer any of the rights under these Terms. If any term is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. Failure by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy. Headings in these terms are for convenience only and will have no legal meaning or effect.
© Ocean Broadcasting Ltd 2020