Terms of Service

  1. Our agreement

    1. These terms and conditions ("Terms") are the terms governing your access to and use of www.babelgum.com (the "Site"), the online BabelgumTM Content Services (the "Services"), the audio visual content available on the Site (the "Content") and any software necessary to access the Services and/or the Content (the "Software") (together the "Babelgum Services") from time to time. By accessing the Site and using the Babelgum Services, you or any other third party represented by you agree to be bound by these Terms and the terms of our Privacy Policy which is incorporated by reference. If you accept these Terms on behalf of a third party, you agree that you have full authority to bind such third party to these Terms.
    2. You should keep a copy of these Terms for your future reference. We will not file a copy of these Terms in respect of our agreement with you.
    3. We may change these Terms at any time by giving you notice by email or by publishing the modified Terms on the Site. It is your responsibility to review these Terms (as amended by us from time to time). If any amendment to these Terms is unacceptable to you, you should cease using the Site and/or the Babelgum Services. If you continue using the Babelgum Services following notification of the modified Terms, you will be deemed to have accepted and will be bound by the modified Terms.
    4. If you are a publisher and wish to upload video content to the Site or you wish to contribute to a forum in one of our Communities, then in addition to these Terms, the Uploader Terms and Conditions or the specific terms and conditions relating to your contribution to a forum in one of our Communities (as set out in paragraph 9.3), as applicable, will apply to you and are incorporated by reference.

  2. GENERAL INFORMATION ABOUT US

    1. The Site and the Babelgum Services are provided by Babel Networks Limited ("Babel"), a company registered in Ireland under registration number 425187. Our registered address is Block J, East Point Business Park, Fairview, Dublin 3, Ireland.
    2. If you have any feedback, questions, complaints or comments about the Site and/or the Babelgum Services or any requests for technical support regarding your use of the Site and/or the Babelgum Services then please contact us at support@babelgum.com

  3. SYSTEM REQUIREMENTS

    1. It is your responsibility to ensure that you are able to comply with the relevant system requirements that must be met for you to be able to successfully access the Site and use any of the Babelgum Services before you access the Site. We accept no responsibility for any lack of functionality of the Site and/or failure to provide any of the Babelgum Services that is due to your equipment (including, but not limited to, your computer, internet connection, operating system or settings and software). You acknowledge that the quality of the Babelgum Services you receive may be adversely affected by your equipment.
    2. You agree that we may cache parcels of the Content on your computer (being small files containing information on, or parts of, the Content) and upload these parcels from your computer to other users of the Babelgum Services to enable easier and more cost effective access to the Content.

  4. REGISTRATION, PASSWORDS AND SECURITY

    1. You will not need to register via the Site in order to watch Content although you will need to download the Software to your computer. In order to use certain interactive functions of the Site and the Services, such as posting a comment on a forum in one of our Communities or uploading content to the Site, you will first need to register via the Site and you will also be subject to our specific forum terms and conditions (as set out in paragraph 9.3) and/or the Uploader Terms and Conditions (as applicable).
    2. You can register by creating a personal account. In order to do so you will be required to choose a unique user name and password and entering other information that we ask for on our registration form such as (but not limited to) your name, date of birth, email address, gender and country of residence ("Registration"). We will send you a confirmation email once your Registration is complete.
    3. In order to register an account, you must: (a) be of legal age to form a binding contract with us in the country in which you reside and be fully able and competent to enter into and comply with these Terms; or (b) be 13 years of age or older and have the consent of a parent or guardian who will register the account and supervise your use of the Site and the Babelgum Services.
    4. You shall ensure that the details you provide at Registration are accurate and kept up to date. You can change the details you provide at Registration at any time via the Site. If you would like us to terminate your Registration (which you may do so at any time) and delete your personal information, please let us know by email to support@babelgum.com. All registration information provided by you shall be subject to our Privacy Policy.
    5. You are responsible for maintaining the confidentiality of your password and user name and are responsible for all activities that are carried out under them. We do not have the means to check the identities of people using the Site or the Babelgum Services and will not be responsible for losses suffered by you where your password, user name is used by someone else to access the Site and/or the Babelgum Services unless this is due to our negligence. You agree to notify us immediately by email to support@babelgum.com if you become aware of or suspect any unauthorised use of your password or user name.

  5. YOUR PROMISES TO US

    1. You confirm that:
      1. you are of legal age to form a binding contract with us in the country in which you reside, or are 13 years of age or older and possess legal parental or guardian consent, where your legal parent/guardian is fully able and competent to enter into these Terms, and abide by and comply with these Terms;
      2. all information and details provided by you or your parent/guardian to us (including on Registration) are true, accurate and up to date in all respects and at all times, including but not limited to your email address;
      3. you will comply with the restrictions on your use of the Site and the Babelgum Services as set out in these Terms;
      4. your use of the Babelgum Services does not violate any applicable law or regulation; and
      5. in relation to any Contribution submitted to or posted on the Site by you (as defined in paragraph 6.1.10), that you have the right to do so and have obtained all necessary licences and/or approvals.
    2. We will only knowingly provide the Babelgum Services to persons who are 13 years of age or older and the Babelgum Services are not intended for persons who are under the age of 13. We may immediately terminate these Terms and your use of the Site and the Babelgum Services if we believe that you are under 13 years of age.
    3. You agree to defend, indemnify and hold harmless us and our directors, officers, employees, agents, representatives, affiliates, parents, subsidiaries, licensors, suppliers, service providers and other contractors (collectively, "Indemnified Parties") from and against any and all claims, actions, demands, causes of action and other proceedings ("Claims") arising out of or relating to: (a) your breach of these Terms, including but not limited to any representation or warranty contained in these Terms; (b) your access to or use of the Site and Babelgum Services, including without limitation your or others' access of content or other materials available by means of the Site or third party websites, or your purchasing of goods or services from third parties; or (c) your postings or provision to us of information or other data. The Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify or hold harmless the Indemnified Parties ("Indemnified Claim"). You may not settle any Indemnified Claim without the prior written consent of the concerned Indemnified Parties.
    4. If we take legal action against you for any breach of these Terms and a court makes an award in our favour you will be responsible for all costs allowable by the courts (meaning legal costs which we incur, your own costs and any other costs ordered by the court).

  6. YOUR CONDUCT

    1. You agree that in using the Site and/or the Babelgum Services you will not:
      1. use the Site or the Babelgum Services in any way that may lead to the encouragement, procurement or carrying out of any criminal activity, the infringement of our or any third party intellectual property, publicity rights, copyright, contract rights and any other rights or for any other unlawful purpose;
      2. use the Site or the Babelgum Services in any way that interrupts, damages, impairs or renders the Site or the Babelgum Services less effective;
      3. use the Site or the Babelgum Services for any purpose other than your personal use;
      4. email, transmit or otherwise disseminate any content which is defamatory, obscene, in breach of copyright, vulgar or indecent 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;
      5. advertise or promote third party or your own products or services including by way of the distribution of 'spam' email;
      6. display an advertisement in respect of, or accept payment or anything of value from a third person in exchange for, you performing any commercial activity on or through the Site on behalf of any third person, including but not limited to posting blogs or bulletins with a commercial purpose;
      7. transfer files that contain viruses, trojans or other harmful programs;
      8. use the username of another user or attempt to impersonate another user or person; or
      9. access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the Site security measures.
      10. You are entirely responsible for the content of, and any harm resulting from, any postings or materials you submit, save or upload to the Site (collectively, "Contribution"). For the avoidance of doubt, your Contribution shall not include any audio-visual content that you may upload to the Site which shall instead be governed by our Uploader Terms and Conditions. When you create or make available a Contribution, you thereby confirm that:
      11. you own the Contribution posted by on or through the Babelgum Services;
      12. your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any law concerning child pornography or otherwise intended to protect the health or wellbeing of minors;
      13. your Contribution does not constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on our or others' computers or equipment, designed to enable you or others to gather information about or monitor the online or other activities of another party;
      14. your Contribution does not inundate the Site with communications or other traffic suggesting no serious intent to use the Site for its stated purpose;
      15. your Contribution does not otherwise violate, or link to material that violates, any provision of these Terms or any applicable law or regulation;
      16. your Contribution does not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by us; and
      17. your Contribution does not contain content that endorses or promotes racism, bigotry, hatred, or physical harm of any kind discriminates, incites harassment or advocates harassment of or against another group or individual.
    2. We reserve the right to, without notice, restrict or deny your access to and use of the Site and the Babelgum Services for any reason, including but not limited to, for breach of any provision of these Terms, or of any applicable law or regulation. In the event we do terminate your access to the Site, you agree to immediately stop using the Babelgum Services, including the Software. This shall not limit our right to take any other actions against you that we consider appropriate to defend our rights or those of any other person.

  7. RIGHTS GRANTED AND RIGHTS RESERVED

    1. The content on the Site, including without limitation, the text, software, scripts, graphics, photos, the Content (including sounds, music and videos), interactive features and the like and the trademarks, service marks and logos contained therein are owned by or licensed to us. We (on behalf of ourselves and our licensors, as the case may be) reserve all rights in and to such aforementioned content on the Site (including the Content).
    2. Your use of the Site and the Babelgum Services grants you no rights in relation to our intellectual property rights including, without limitation, copyright, trade marks, logos, graphics, photographs, animations, videos and text or the intellectual property right of third parties users of the Site and/or the Babelgum Services. All Content and materials available on the Site and through the Babelgum Services are provided to you for your information and personal use only.
    3. We have protected our Content with digital rights management software. You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the Babelgum Services, web pages or materials on the Site, the content or the computer codes of elements comprising the Site other than for your own personal use or as expressly stated on the Site. Subject to the above you may stream the Content to your computer for the purpose of viewing it.
    4. You may submit videos, information, text, photos and graphics to us via the Site and/or the Babelgum Services. By submitting videos, information, text, photos, graphics and Content to us via the Site and/or the Babelgum Services, you grant us, and the third party users of the Site, a non-exclusive, sublicensable, fully paid, royalty free, worldwide licence in perpetuity to use, modify, create derivative works of, publicly perform, publicly display, reproduce, rent, resell and distribute such material in all media now known or hereafter created and in any other manner, and you confirm that you have the right to grant us such rights.
    5. We grant you a non-transferable, non-exclusive licence to use the Software solely in connection with your use of the Site and the Babelgum Services. You may not modify, amend, adapt, translate or reverse engineer, attempt to break the security of or alter in any other way, the Software (or any part of it) or knowingly transmit any materials that contain ad-ware, mal-ware, spy-ware, software viruses, or any other computer code, files or programs designed to interrupt, destroy or disrupt the functionality of the Software. You agree to immediately notify us of any known or suspected unauthorized use of the Software.
    6. We may suspend, discontinue and/or terminate any aspect of the Site or the Babelgum Services at any time. Any use other than that permitted under this paragraph 7 may only be undertaken with our prior express authorisation.

  8. COMPLAINTS AND REMOVAL OF CONTENT

    1. If you have reason to believe that any content on the Site is infringing your copyright, you may submit a notification to use or our agent together with detailed information about your complaint as set out here. Otherwise, if you have reason to believe that any content on the Site is infringing the rights of any third party, is defamatory, obscene, or illegal in any way, please contact us at legal@babelgum.com providing as much information as possible regarding your complaint and including your contact details.
    2. If your content has been removed from the Site and you wish to discuss the reasons for this or request that such content is restored to the Site, please contact us at legal@babelgum.com.
    3. You may not post, modify, distribute or reproduce in any way any copyrighted materials, trademarks or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. We will terminate the account and access rights of any repeat infringer.
    4. We reserve the right, but are not obliged to: (a) monitor the Site for violations of these Terms; (b) take appropriate legal action against anyone who, in our sole discretion, breaches these Terms, including but not limited to reporting you to law enforcement authorities; (c) refuse, restrict access to or the availability of, or disable (to the extent technologically feasible) any user's Contribution or any portion thereof that may violate these Terms or any of our policies; (d) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; (e) otherwise manage the Site in a manner designed to protect the rights and property of us and others and to assist the proper functioning of the Site; and (f) restrict access or the availability of material that we consider to be obscene or otherwise objectionable.

  9. LINKS FROM OTHER SITES

    1. You may establish links to any page of the Site or the Babelgum Services in your personal blogs and websites provided:
      1. you do not remove or obscure, advertisements, the copyright notice or other notices on the Site or the Babelgum Services; and
      2. you immediately stop providing links to the Site if notified by us.
    2. Except as set out in paragraph 9.1 above, you are not permitted to embed the Software or display any of the Babelgum Services on your personal blogs or websites or any other third party websites.
    3. We may provide links to other websites that may be of interest to you from time to time (via advertising or otherwise). You acknowledge that these links are provided for your ease of reference and convenience only. We do not control such third party websites and are not responsible for their contents, and these Terms does not apply to such third party websites. Our inclusion of links does not imply any endorsement of the material contained in such websites or any association with their operators. You acknowledge that we will not be party to any transaction or contract with a third party that you may enter into via such websites and we shall not be liable to you in respect of any loss or damage which you may suffer by using those websites. You agree that you will not involve us in any dispute between you and the third party. Before using any third party website that you have accessed through the Site, we recommend that you should review the terms and conditions and privacy policy of such third party website.

  10. The site and the Babelgum Services

    1. Once you have downloaded the Software, you will be able to access our library of channels (the "Channels") featuring short and full length films and television programmes (the "Videos"). Videos will be made available to you by streaming via the Site.
    2. Further, if you register an account with us, you will also be able to access and interact with the following Content:
      1. our "Communities", meaning our online user forum which enables you to watch content, post messages and communicate with other users of the Site; and
      2. the "My Babelgum" feature, our online personalised favourites feature which enables you to rate Videos, make comments, create different lists of your favourite items available via the Babelgum Services, including "My Clips", "My Channels", "My Playlists", "My Smart Channels" and "My Communities" and which also enables you to update and amend your profile in the "My Profile" section.
    3. We have no responsibility or control over the contents of information or communications made by or between users of the Site, or the content of any messages or postings published by our users on the Site. We are not responsible for any contents or the accuracy of or consequences of such content and such information or communications represent the views of the author of the posting and not necessarily the views of Babel. We do not monitor the contents of such communications, messages or postings. However, we reserve the right to take down any content on the Site at any time. You must be aware that any information provided by another user of the Site may be incorrect or misleading and it is your responsibility to take precautions and use common sense when using the Site. Any decisions or action taken by you on the basis of information or content provided on or via the Site are at your sole discretion and risk and you should obtain individual professional advice where necessary.
    4. You may find other users of the Site's use of the Site inaccurate, offensive, indecent, harmful or deceptive. If you have any complaints regarding another user of the Site or if you believe that any of the Content posted on the Site is in some way illegal please contact us at legal@babelgum.com. We can then investigate the user and/or take down the material as described in paragraph 8 above. Please note that we are under no obligation to take any action against a user unless required by law.
    5. We may make modifications or alterations to the Babelgum Services including upgrades, updates and programme fixes to the Software from time to time for technical reasons, to help improve your Site experience or to improve the functionality of the Software and/or Babelgum Services. You agree to accept any and all such upgrades, updates or programming fixes presented to you, including version updates.

  11. Advertising and promotions

    Access to certain Content is granted to you free of charge, through the insertion of advertising, banners and other promotions in the Content. You agree to the insertion of advertising, banners and other promotions into the Content as well as to the use of data relating to your use of the Babelgum Services to enable us to use for targeted advertising, subject always to the terms of our Privacy Policy.

  12. OUR LEGAL OBLIGATIONS AND LIMITS ON LIABILITY

    1. We do not accept any liability for loss or damage incurred by you or loss of data from your computer system that results from:
      1. your negligence;
      2. your breach of these Terms; or
      3. anything which is beyond our reasonable control which prevents us from fulfilling our obligations under these Terms and includes, but is not limited to, fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God.
    2. Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control (as described in paragraph 10.1.3.
    3. You have certain statutory rights under English law. Nothing in these Terms is intended to affect your statutory rights under English law.
    4. We will co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of or locate anyone breaching paragraph 10.1 or otherwise for the prevention or detection of crime or the apprehension or prosecution of offenders. There may be other circumstances in which we may be required by law to disclose information about you or your use of the Site and the Babelgum Services.
    5. By operating the Site (including but not limited to the Babelgum Service), we do not endorse (or imply that we endorse) any product or service advertised on the Site, blogs, Contributions or other content available on or linked to by the Site, including but not limited to third party websites, or other content to be accurate, useful or non-harmful. You agree that your use of the Site, any software and Babelgum Services will be at your sole risk. To the extent we are permitted by law, we and our officers, directors, employees and agents disclaim all warranties, express or implied, in connection with the Babelgum Services, any software, the Site and your use thereof.

      WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT, THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE OR THE BABELGUM SERVICES AND TAKES NO RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B)  PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR BABELGUM SERVICES, (C) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

      YOU AGREE THAT YOUR ACCESS TO AND USE OF, OR INABILITY TO ACCESS OR USE, THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", AND BABEL AND ITS CONTRACTORS AND LICENSORS, AS APPLICABLE, MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. YOU ACKNOWLEDGE THAT THE OPERATION AND USE OF THE SOFTWARE MAY NOT BE UNINTERRUPTED OR ERROR-FREE.

      TO THE EXTENT PERMITTED BY LAW, BABEL DOES NOT ENDORSE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, BABELGUM SERVICE, OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BABEL WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES ARISING FROM YOUR USE OF THE SITE, SOFTWARE OR THE BABELGUM SERVICES WHICH WERE NOT A FORESEEABLE CONSEQUENCE OF SUCH USE (INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT. OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE BABELGUM SERVICES DURING THE TERM OF YOUR USE OF THE SITE.

  13. SECURITY AND PRIVACY

    You must read our Privacy Policy which contains important information about the use of your personal data, other information regarding your privacy and our security processes and policies.

  14. Accessibility

    You may access the Site from any location worldwide. However, the Babelgum Services may be subject to certain restrictions. For example, you may only be able to access certain Content in specific territories or you may only be able to access certain Content at a specified time. If a particular service is restricted, we will prevent you from accessing the service by using geo-blocking or other similar software. You agree not to attempt to access, or not to attempt to circumvent the geo-blocking or other similar software to access the Babelgum Services.

  15. Notices

    If we need to notify you, we will do so by email to the email address which you have given during Registration. If you need to contact us, please do so by email to: support@babelgum.com

  16. SEVERANCE

    If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.

  17. TRANSFER

    1. These Terms are personal to you. You may not transfer your rights or obligations under these Terms to anyone else.
    2. We may transfer our rights or obligations or sub-contract our obligations under these Terms to another legal entity. You agree that we may do so provided that the Site and the Babelgum Services will be made available to you on the same terms or terms that are no less advantageous to you.

  18. THIRD PARTY RIGHTS

    These Terms are not intended to give rights to anyone except you and us. This does not affect our right to transfer our right or obligations or sub-contract our obligations under these Terms to another legal entity under paragraph 13.2.

  19. DISPUTES

    We will do our best to resolve any disputes in relation to these Terms. By using the Site and/or the Babelgum Services you agree that the laws of England and Wales shall apply in relation to any disputes between us, unless you reside in the United States, whereby the laws of the State of New York shall apply in relation to any disputes between us. If you wish to take court proceedings against us you must do so within the United Kingdom, unless you reside in the United States, whereby you consent and submit to the jurisdiction and venue of the state and federal courts located in New York City, New York.

These Terms were last updated on 13 November 2008.

Copyright 2008 Babel Networks Limited