The Circle - Terms & Conditions

12 September 2018

The Circle TV App - Terms and Condidtions

Section A - The App - Introduction

1. Welcome to the Voting Programme Mobile Application (the "App") for The Circle, a Channel 4 commissioned programme (the “Programme”). These terms and conditions together with The Circle Privacy and Cookie Policy, in these Terms and Conditions (collectively the “Terms and Conditions”) set out important information regarding your rights, obligations and the restrictions that apply when you participate in the App by doing the following:
(a) installing the App; and
(b) voting in the App. 

2. The App is called The Circle TV and can be downloaded from the App Store and/or Google Play and is free subject to data charges, as applicable.

3. Any reference to "you" or "your" means you as participant (in any of the ways outlined above) in the App. Any reference to “we”, “our” and “us” means Studio Lambert Associates and Motion Content Group (“Producer” as defined below) and Channel 4 unless the context requires otherwise. For our contact details please see the end of these Terms and Conditions.

4. The App is owned and brought to you by Channel Four Television Corporation (“Channel 4”). The Programme is produced by Studio Lambert Associates Limited, a company registered in England and Wales with its registered office at Berkshire House, 168-173 High Holborn, London, WC1V 7AA with registered number 06461004 and Motion Content Group, The Crane Building, 22 Lavington Street, London SE1 ONZ (together “Producer”). Channel 4 is a statutory corporation established under the Broadcasting Act 1990 having its principal office at 124 Horseferry Road, London SW1P 2TX. 

5. Please read these Terms and Conditions carefully as by using the App, you are agreeing to be legally bound by them. If you do not agree with any of our Terms and Conditions then you should not use the App. Details relating to our use of your personal data and your rights are set out in The Circle Privacy and Cookie Policy below. 

6. We reserve the right to cancel or amend these Terms and Conditions (including without limitation the Eligibility Criteria) as set out below in our sole discretion with or without prior notice: 
(a) in the event of any occurrence outside our reasonable control including without limitation any part of the App being unavailable, unauthorised intervention, fraud, technical failures or any other causes;
(b) to ensure the voting is run fairly and in an honourable manner; and
(c) to ensure compliance with applicable laws, regulations and guidance.

7. Participating in the App is only available to you if you satisfy the following eligibility criteria (“Eligibility Criteria”):
(a) you are 16 years or over at the time of downloading the App
(b) You are a resident of the United Kingdom or Republic of Ireland

8. Please note, the App will only be available to users in the UK and Eire and not outside these countries.

9. If you wish to delete your account within the App you must visit http://www.channel4.com/4viewers/the-circle.

10. Any cancellation or changes to the Terms and Conditions will be notified here: http://www.channel4.com/4viewers/the-circle-terms and in these Terms and Conditions in the App.

Section B - What do these Terms and Conditions cover?

1. These Terms and Conditions apply to your use of the app. When we refer to our content, we mean any audio, video, text, images, trade marks, logos or other content made available to you by us in the App and may sometimes include content which is owned or controlled by third parties which we are permitted to make available to you.

2. These Terms and Conditions apply regardless of the sort of device you are using to access the App. Therefore, they will apply whether you are using a smart phone, tablet, or any other device.

Section C - How does voting work in the App?

1. In addition to the editorial of the Programme as determined by Channel 4 and the Producer, we intend to run multiple Voting Events during the transmission of the Programme on Channel 4 (“Voting Event(s)”). 

2. Voting Events will comprise the following type of votes:

  • Votes that have an editorial impact on the outcome of the Programme (“Vote(s)”)
  • Votes that have no direct editorial impact on the Programme (“Poll(s)”). Poll results may still feature in the Programme and/or the App and/or authorised social media platforms.

When Votes and Polls are referred to collectively the terminology in these terms and conditions will be un-capitalised as votes, voting etc.

3. If you have downloaded the App, you will be notified of a Voting Event via the App and asked to vote. Each user will need to register their device in order to vote and the method will depend on the type of device you are using.
a. Apple iOS device users (e.g. iPhones), will be asked to register their device. In order to do this, they will be asked to make an in-app purchase of £0.00. This will allow the App to register your device to vote. No further registration details are required, and you will only need to register once per device.
b. Google Android device users will be asked to register their device. By selecting the ‘Register your device’ option in the App, their device will automatically become registered to vote. No further registration details are required, and you will only need to register once per device.

4. You will only be able to vote if you have downloaded the App from the App Store or Google Play. No purchase is necessary to participate in the voting via the App however you are required to have downloaded the App in order to vote. Although download of the App is free, data charges from the user’s network and/or mobile service provider may apply. Please look at the FAQs on the App or here: http://www.channel4.com/4viewers/the-circle.

5. You will be limited to 1 vote for each Voting Event.

6. You can have a maximum of 6 devices linked to each Apple or Google account. Any additional mobile device will not be eligible to vote.

7. We reserve the right to vary the format of a Voting Event at any time. Any such variation will be announced in the Programme, on authorised social medial platforms and/or the App and such format as announced therein shall prevail.

8. There is no competition element for you directly. The competition is being played out by the contributors in the Programme. Your voting will determine certain outcomes for the contributors as per the Voting Events referred to above. 

9. The voting window for each Voting Event shall open as directed during the Programme and/or on authorised social media platforms, and/or on the App (as we so elect).

10. The closing of the voting window for each Voting Event shall be as directed during the Programme and/or on authorised social media platforms and/or the App throughout the transmission of the Programme (as we so elect).

11. You must ensure you have successfully voted before the publicly announced closing time for each Voting Event (which will be publicised during the Programme and/or on authorised social medial platforms and/or the App throughout the transmission of the Programme as we so elect). Please pay attention to what the closing times for votes are as there may only be a short window of time in which to vote and the voting windows in which to do so may vary.

12. The results of any voting will be available during the transmission of the relevant episodes of the Programme and shall appear during the Programme and/or on any authorised social media platforms and/or the App as we so elect. 

13. A vote that has not been used by the end of a Voting Event will be lost and cannot be claimed for use in another Voting Event.

14. All users will be required to register before being able to vote and should follow the in-app prompts to do so.

15. The voting within the App is managed by Channel 4 in conjunction with authorised third parties. By using the voting functionality in the App, you agree to be bound by these terms and conditions. 

16. Please ensure you have a reliable connection to the internet, preferably through broadband Wi-Fi. If you do not have a reliable internet connection, this may lead to your vote not being registered or counted.

17. You must be a UK resident aged 16 or over in order to vote in the App.

18. All valid votes received by the App will be counted. Channel 4 reserves the right to discount votes if, in Channel 4’s sole discretion, it considers that a vote or votes may be designed to interfere with the fair operation of the vote. This includes, but is not limited to, someone submitting more votes than it is physically possible for an individual to submit in the time available without the use of software or other devices designed to make or facilitate automated votes or other activity in breach of these voting terms or Channel 4’s Terms of Use at: http://www.channel4.com/4viewers/ts-and-cs.

19. Channel 4 reserves the right to cancel or delay revealing the result if it has any reason to doubt the validity of the vote result or in the event of any technical failure. In the event that we are unable to get a verified vote result, we will inform you and we will make the final decision as to the vote result.

20. Channel 4 may suspend, withdraw, cancel, reset or change the vote without notice in the event of catastrophe, war, civil or military disturbance, act of God or any other problem in any system, server, provider, human or any administrative error or otherwise which may result in any vote being lost or not properly registered or recorded. To the fullest extent permitted by law, Channel 4 hereby excludes all warranties, representations, covenants and liability (whether express or implied) regarding the vote.

21. The Vote results will be verified by Electoral Reform Services.

22. In the case of a tie break scenario and the vote results draw, we shall inform viewers of this and we will make the final decision as to the vote outcome. We will notify you during the Programme, and/or on authorised social media platforms and/or in the App.

23. Vote Freeze – on occasion there may be a requirement to freeze the voting and open the voting for a limited period only with possible elimination options. If this happens, we will notify you during the Programme and/or on authorised social media platforms and/or in the App.

24. Unless expressly advised otherwise, please note it is not possible to vote via any method not stated in these terms and conditions.

25. In the event the App fails during the final Vote we will notify you of other alternative voting means via the Programme, and/or authorised social media platforms and/or in the App.

26. Channel 4 may, at its sole discretion withdraw app voting on a temporary or permanent basis without notice.

Section D - What are the General App Terms?

1. These Terms and Conditions apply to your use of the App in addition to any applicable terms and conditions and privacy policies (including any End User Licence Agreements “EULAs”) of the relevant app store provider from whom you downloaded the App.

2. Subject to these Terms and Conditions, we hereby grant you a non-exclusive, non-transferable, non-sub-licensable, limited, license to use the App for your personal, non-commercial use for participating in the App on your mobile and/or tablet device. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from the App. The terms of your licence shall commence when you install or otherwise use the App and ends on the earlier date of either your disposal of the App or our termination of this licence. 

3. All rights and title in and to the App (including without limitation any titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions and audio-visual effects) are owned by Channel 4 Television Corporation (subject to ownership of The Circle trade mark). The App is protected by international copyright, design, patent, and trade mark laws, international conventions and other laws protecting intellectual property and related proprietary rights.

4. Any copying, reproduction, lending or hiring, public performance, broadcasting or any other form of distribution of the content of the App other than in accordance with these Terms and Conditions is prohibited and will constitute a copyright infringement. You may view any materials and information made available to you through the App subject to the following conditions: 
(a) the material and information may only be used for your personal and non-commercial purposes; 
(b) the material and information shall not be reproduced or included in any other work or publication in any medium;
(c) the material and information may not be modified or altered in any way;
(d) the material and information may not be distributed, sold, published, publicly performed, transmitted or displayed to a third party; and
(e) you may not remove any copyright or other proprietary notices contained in the material or the information.

5. We have the right to deploy or provide patches, updates and modifications to the App as needed. These patches, updates and modifications may be necessary for you to continue to participate in the App or for it to work effectively. For these purposes, we may from time to time update the App remotely without your knowledge or specific consent, and you hereby grant to us your consent to deploy and apply such patches updates and modifications to the App.

6. This licence will terminate automatically if you fail to comply with its terms and conditions or if you attempt to circumvent any technical protection measure used in connection with the App. In such event you must destroy all copies of the App and all of its component parts and cease and desist from accessing any components of the App. 

7. You are responsible for all costs associated with your participation in the App including but not limited to mobile network usage costs, data usage costs and costs associated with your internet provider. We accept no responsibility for any charges you may incur. We recommend that for a better participation experience and to reduce any mobile network charges you might incur, you use an available wireless network. 

8. You will not do anything that may cause damage to the App or our servers, systems or equipment or those of third parties, nor access or attempt to access any users' data or penetrate or attempt to penetrate the App’s security measures.

9. You agree to compensate us in respect of any damages or losses suffered by us as a result of any claim or legal action brought against us by any third party in respect of any matter arising from your use of the App in breach of these Terms and Conditions or from your violation of any applicable law or regulation. 

10. We reserve the right to suspend, restrict or terminate your access to the App at any time at our sole discretion. 

11. We may also ban or suspend you (at our discretion) as a participant in the App if you do not comply with these Terms and Conditions.

12. The App uses security technology to protect the material and content contained in the App. 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 App, nor may you permit or assist in any way any third party to use the material or content made available by us via the App in an unlawful manner or in a manner which could infringe the rights of, or restrict or inhibit the use and enjoyment of the App by, any third party. 

13. For information on how we use your personal information please see our Privacy and Cookie Policy. The Apple App Store’s and Google Play’s relevant privacy policies and terms and conditions shall also apply in respect of any personal information you have supplied to the Apple App Store and/or Google Play to enable your download of the App. 

14. To the maximum extent permitted by applicable law (and the app store provider’s terms and conditions), the App is provided on an 'as is' and 'as available' basis without warranties of any kind, whether express or implied. We do not guarantee that the App will be available on your mobile phone, device or from the Apple App Store and/or Google Play and we cannot promise that the App will be free from errors or omissions nor that it will be available uninterrupted and in a fully operating condition. If these platforms fail, either partially or completely, we are not responsible to the extent that such failure affects the functionality of the App (including the live voting functionality). The App may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our reasonable control, or otherwise at our sole discretion. We will not be liable to you or to any other person in the event that the App is discontinued, modified or changed in any way. Whilst we take reasonable steps to ensure that the App is virus free, we cannot guarantee this. Accordingly, you must take your own precautions in this regard (such as using anti-virus software). 

15. We reserve the right to change the App or delete content and/or features and/or any of part of the App in any way, at any time, and/or for any reason as we may elect from time to time.
The latest version of the iOS software is recommended to be able to access all updates for the App Game (if obtained through the App Store) and may be required for certain transactions or features. You agree that meeting these requirements, which may change from time to time, is your responsibility. Please note that this App has been designed for iOS 9 and above only and Android devices running 5.1 and above that have a ARMv7 or x86 processor or better

16. We do not accept any liability for: 
(a) any damage or loss caused to you; and/or 
(b) any loss or damage which may result from using the App including without limitation loss due to any computer virus or viruses which may infect your computer equipment and/or your mobile or tablet device as a result of your access to or use of the App; and/or 
(c) any failure, any suspension and/or any termination of access to the App arising out of a force majeure event (in these Terms and Conditions, 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); and/or
(d) any claims brought against you by a third party. 

17. We are not responsible for any third party platforms (including without limitation the App Store, Google Play, Facebook, Twitter and Instagram) including their functionality, security nor the processing of any personal data on these platforms and any opinions you express via those accounts (or any others not listed) are not the opinions of Channel 4 and we accept no responsibility or liability in relation to the same.

18. These Terms and Conditions 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 use the App. 

19. Nothing in these Terms and Conditions will (i) restrict your statutory rights as a consumer, (ii) your rights under the app store provider’s terms and conditions or EULA (iii) limit our liability for death or personal injury resulting directly from our negligence; or (iv) for fraud. The limits on liability referred to in these Terms and Conditions are in addition to those set out in the relevant app store provider’s terms and conditions and/or EULA.

20. Each provision of these Terms and Conditions, and the relevant app store’s terms and conditions / EULA, shall be construed separately. If any provision of these Terms and Conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable such invalidity shall not affect the other provisions of these Terms and Conditions which shall remain in full force and effect. 

21. These Terms and Conditions (and any non-contractual matters of whatever nature arising in connection with the App or these Terms and Conditions) shall be governed by and interpreted in accordance with the laws of England and Wales and the English courts shall have exclusive jurisdiction over any disputes. Any matters arising between you and the applicable app store provider, shall be set out in that app store provider’s terms and conditions.

22. These Terms and Conditions were last updated 17 September 2018. Please note that we may update and amend these Terms and Conditions from time to time and any changes will be posted at: http://www.channel4.com/4viewers/the-circle-terms and in the App. However, it is your responsibility to ensure you review these Terms and Conditions regularly to familiarise yourself with any changes. We will not file or store a copy of these Terms and Conditions for each transaction by you via the App. We therefore recommend that you store or save a copy of these Terms and Conditions for future reference.

Section E - Should I read any other information or terms?

1. Please also read The Circle Privacy and Cookie Policy. This policy forms part of these Terms and Conditions.

2. We also offer some helpful responses to frequently asked questions via the App or on: http://www.channel4.com/4viewers/the-circle

Section F - Contact Details

1. Please contact Channel 4 Enquiries if you have any questions, queries or complaints about the App. You can contact Channel 4 at Channel 4 Enquiries, PO Box 1058, Belfast, BT1 9DU. Alternatively, you can use the form on our ‘Contact us’ page which can be found here – www.channel4.com/4viewers

Section G - Notices

1. Copyright Notice for the App: © 2018 Channel 4 Television Corporation
2. Subject to No. 3 below, all text, graphics and other content in this App is the copyright of Channel 4 Television Corporation or its licensors. 
3. Trade Mark Notice: The Circle and the Circle logo are both trade marks of Studio Lambert Associates Limited and Motion Content Group.