Terms of Use

1. Your relationship with Utopian Vision

1.1 Your use of the Utopian Vision website (the "Website") and any products, software and services) provided to you on or from the Website by Utopian Vision (collectively called the "Services" in this document) is subject to the terms of an agreement between you and Utopian Vision. "Utopian Vision" refers to http://utopianvision.co.uk

1.2 Your agreement with Utopian Vision is made up of (A) the terms and conditions set out in this document and (B) Utopian Vision's Community Guidelines (http://utopianvision.co.uk/home/terms/community-guidelines/) (collectively called the "Terms").

1.3 The Terms apply to all users of the Website, including users who are also contributors of video content, information, and other materials or services to Utopian Vision.

2. Accepting the Terms

2.1 In order to use the Services, you must firstly agree to the Terms. You may not use the Services if you do not accept the Terms.

2.2 You can accept the Terms by simply using the Services. You understand and agree that Utopian Vision will treat your use of the Services as acceptance of the Terms from that point onwards.

2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Utopian Vision, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Services under the laws of the country in which you are resident or from which you access or use the Services.

3. Changes to the Terms

3.1 Utopian Vision may make changes to the Terms from time to time. When these changes are made, Utopian Vision will make a new copy of the Terms available at http://utopianvision.co.uk/home/terms/.

3.2 You understand and agree that if you use the Services after the date on which the Terms have changed, Utopian Vision will treat your use as acceptance of the updated Terms.

3.3 You should check the Terms regularly for changes.

4. Utopian Vision accounts

4.1 In order to access some features of the Website or other Services, you will have to create a Utopian Vision account. When creating your account, you must provide accurate and complete information. It is important that you must keep your Utopian Vision account password secure and confidential.

4.2 You must notify Utopian Vision immediately of any breach of security or unauthorised use of your Utopian Vision account that you become aware of.

4.3 You agree that you will be solely responsible (to Utopian Vision, and to others) for all activity that occurs under your Utopian Vision account.

5. General restrictions on use

5.1 Utopian Vision hereby grants you permission to access and use the Website and the Services, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:

1. you agree not to distribute any part of or parts of the Website, including but not limited to any User Submissions (as defined below), in any medium without Utopian Vision's prior written authorisation;
2. you agree not to alter or modify any part of the Website or any of the Services;
3. you agree not to access User Submissions (defined below) or other content made available on the Website (including Utopian Vision Content, as defined below) through any technology or means other than as Utopian Vision may explicitly designate for this purpose;
4. you agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Website or features that (i) prevent or restrict use or copying of any User Submissions or Utopian Vision Content or (ii) enforce limitations on use of the Website or the content accessible on the Website;
5. you agree not to use the Website or any Services for any commercial use, without the prior written authorisation of Utopian Vision. Prohibited commercial uses shall include, without limitation:
   1. the resale of access to the Website or any of the Services on another website for the primary purpose of gaining advertising or subscription revenue; and
   2. the redistribution of the Services (including any User Submissions accessible through such Services) for the primary purpose of generating revenue from a substantially similar or comparable business enterprise to that carried on by Utopian Vision, but shall not include (i) uploading an original video to Utopian Vision, (ii) maintaining an original user area on the Website in order to promote a business or artistic enterprise, and (iii) any use that is expressly authorised by Utopian Vision in writing;
6. if you use the Utopian Vision Video Player on your website, you must include a prominent link back to the Website on the pages containing the Utopian Vision Player and you may not modify the Utopian Vision Video Player in any way;
7. you agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Website in a manner that sends more request messages to the Utopian Vision servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser;
8. you agree not to collect or harvest any personal data of any user of the Website or any Service (and agree that this shall be deemed to include Utopian Vision account names);
9. you agree not to use the Website and the Services (including the comments and email features in the Website) for the solicitation of business in the course of trade or in connection with a commercial enterprise;
10. you agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions; and
11. you agree not to access User Videos (as defined below) for any reason other than your personal, non-commercial use solely as intended through and permitted by the normal functionality of the Services, and solely for Streaming. "Streaming" means a contemporaneous digital transmission of the material by Utopian Vision via the Internet to a user operated Internet enabled device in such a manner that the data is intended for real-time viewing and not intended to be downloaded (either permanently or temporarily), copied, stored, or redistributed by the user.

5.2 You agree that you will comply with all of the other provisions of the Terms and the Utopian Vision Community Guidelines at all times during your use of the Services.

5.3 Utopian Vision grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Utopian Vision reserves the right to revoke these exceptions either generally or in specific cases.

5.4 Utopian Vision is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Utopian Vision provides may change from time to time without prior notice to you.

5.5 As part of this continuing innovation, you acknowledge and agree that Utopian Vision may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Utopian Vision's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Utopian Vision when you stop using the Services.

5.6 You agree that you are solely responsible for (and that Utopian Vision has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Utopina Vision may suffer) of any such breach.

6. Your User Submissions

6.1 As a Utopian Vision account holder you may submit video content ("User Videos") and textual content ("User Comments") (collectively referred to as "User Submissions"). You understand that whether or not such User Submissions are published, Utopian Vision does not guarantee any confidentiality with respect to any User Submissions.

6.2 You retain all of your ownership rights in your User Submissions, but you are required to grant limited licence rights to Utopian Vision and other Website users. These are described in paragraph 8 of these Terms (Rights you licence).

6.3 You understand and agree that you are solely responsible for your own User Submissions and the consequences of posting or publishing them. Utopian Vision does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Utopian Vision expressly disclaims any and all liability in connection with User Submissions.

6.4 You represent and warrant that you have (and will continue to have during your use of the Services) all necessary licenses, rights, consents, and permissions which are required to enable Utopian Vision to use your User Submissions for the purposes of the provision of the Services by Utopian Vision, and otherwise to use your User Submissions in the manner contemplated by the Website and these Terms.

7. Content of your User Submissions

7.1 You agree that your conduct on the site will comply with (and you agree that the content of all of your User Submissions shall comply with) the Utopian Vision Community Guidelines, found at http://utopianvision.co.uk/home/terms/community-guidelines/, as updated from time to time.

7.2 You agree that you will not post or upload any User Submissions which contain content which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for Utopian Vision to use or possess in connection with the provision of the Services.

7.3 You agree that you will not upload or post any User Submissions that are subject to any third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner to post the material in question and to grant Utopian Vision the licence referred to in paragraph 8.1 below.

7.4 Utopian Vision reserves the right (but shall have no obligation) to decide whether User Submissions comply with the content requirements set out in these Terms and may remove such User Submissions and/or terminate a User's access for uploading any User Submission which is in violation of these Terms at any time, without prior notice and at its sole discretion.

7.5 You further understand and acknowledge that in using the Website and the Services, you may be exposed to User Submissions that are factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Utopian Vision with respect to any such User Submissions.

8. Rights you licence

8.1 When you upload or post a User Submission to Utopian Vision, you grant: 1. to Utopian Vision, a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that User Submission in connection with the provision of the Services and otherwise in connection with the provision of the Website and Utopian Vision's business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels; 2. to each user of the Website, a worldwide, non-exclusive, royalty-free, licence to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions to the extent permitted by the functionality of the Website and under these Terms.

8.2 The above licenses granted by you in User Videos terminate when you remove or delete your User Videos from the Website. The above licenses granted by you in User Comments are perpetual and irrevocable, but are otherwise without prejudice to your ownerships rights, which are retained by you as set out in paragraph 6.2 above.