TOPBABE TERMS & CONDITIONS

TopBabe Terms & Conditions

1.1 These are the rules which apply to your use of or participation in the TopBabe service ("TopBabe") operated by All Night Media Limited, company number 5923462 ("ANM", or "us") , including the images, videos, profile information and any accompanying material you submit to TopBabe ("Submission"). Read these rules carefully - they contain important information regarding how you may use TopBabe and how your Submission may be used. Your registration for TopBabe constitutes your agreeing to them. The registered office of All Night Media Ltd is at 81 Whiteladies Road, Bristol, BS8 2NT.

1.2 Registering for this service by creating a profile is restricted to those aged 18 years or over. You therefore confirm by making a Submission that you are 18 years or over and a UK resident. ANM may insist on verifying your age.

2. Submissions

2.1 Rules regarding content of Submissions:

You are entirely responsible for Submissions submitted by you. You agree and confirm that you will abide by the following in relation to any Submission you send to TopBabe:

  • You must be the only person featured in the Submission. Other people can appear on the fringes or the background, as long as they are not recognisable.
  • No-one else owns the copyright in the Submission
  • Everything you submit must be your own original work and not copied from anyone else's. If you include anyone else's material in your video, you must have obtained their permission to do so. If you don't, you will be infringing the copyright in the material (including material downloaded or copied from a website or publications).
  • Do not feature any music.
  • No nudity (including toplessness), sexual activity, suggestive poses or foul language may be included in any Submission.
  • Do not include anything which is obscene, racist, abusive, malicious or derogatory (toward an individual or business entity).
  • Do not include anything in your Submission which shows anything confidential.
  • Nothing in your Submission should promote, show or encourage cruelty, violence, vandalism, fraudulent or criminal acts.
  • Do not include in the Submission anything which could cause physical harm to anyone if replicated.
  • Don't include personal contact details (including where you work or live) or anyone else's personal contact details in your Submission.
  • Submissions must not unnecessarily prominently feature any trademark or logo.
  • Nothing in the Submission may be offensive or derogatory to any person or group based on their race, ethnicity, skin colour, sexual orientation, gender, or religion.
  • Submissions must not be submitted for advertising, promotional or other commercial purposes.
  • You must have obtained all consents and licences necessary for the Submission to be used on TopBabe.
  • Submissions must not contain viruses, Trojans or other harmful elements.

2.2 ANM or its partners may review the Submission you submit to TopBabe to make sure that these rules and other matters are complied with before it will be considered for display in TopBabe. However, it is impossible to check every submission at the time it is posted and ANM may reject or accept your Submission for any reason in its absolute discretion. Further, ANM may at any time without notice remove your Submission from TopBabe or terminate your access to TopBabe. If your Submission contains what appears to be illegal conduct, ANM or its partners may notify law enforcement authorities. For the avoidance of doubt, if any complaint is received about a Submission it may be removed until the complaint is investigated. ANM's decision is final and no correspondence will be entered into.

2.3 ANM may, in at its absolute discretion and without notice to you:

2.3.1 shorten, alter, classify, tag, reformat, edit, or otherwise modify your Submission and also decide how it appears and is used on TopBabe.

2.3.2 remove your Submission from TopBabe at any time

2.3.3 decide if and how your Submission is displayed on TopBabe.

2.4 If ANM selects your Submission for use on TopBabe, it will be displayed to and accessible by TopBabe users and it may be that it can be forwarded by TopBabe users by MMS or email or otherwise to third parties.

3. Rights to use your Submission and your Information

3.1 You irrevocably and unconditionally grant to All Night Media Limited and its licensees all necessary rights and consents to use any Submission you submit, for any purposes connected with TopBabe and otherwise in any way in any media (including promotional material, other services operated by ANM or its partners, and any other use) and in any part of the world. Such right to use is royalty-free and no payment is, or shall be, due to you.

3.2 You irrevocably and unconditionally waive any so-called "moral rights" or "performers' rights" in the Submission (as set out in the Copyright, Designs and Patents Act 1988 or otherwise) that you now have or may acquire in relation to the Submission.

3.3 By registering for TopBabe you consent to ANM sharing your information with other companies who are its business partners. They or we may contact you by mail, telephone, electronic messaging services, fax or email to let you know about any goods, services or promotions which may be of interest to you. Please contact us at support@top-babe.net if you do not wish to receive such information from us, or if you do not wish to receive information from our business partners, but remember that this will preclude you from receiving any of our special offers or promotions or those of our business partners.

3.4 By registering for TopBabe you consent to our transferring your information to countries which do not provide the same level of data protection as the UK if necessary for providing you services you require. If we do make such a transfer, we will put a contract in place with a view to ensuring that your information is protected.

3.5 By registering for TopBabe you agree to our using it for any purpose related to TopBabe, including to promote the service or disclose how much you have earned from TopBabe during any particular period.

3.6 You have a right to ask for a copy of your information (for which we charge a fee to help cover our costs) and to correct any inaccuracies.

4. Your Password

You must not under any circumstances allow any other person to access TopBabe using your TopBabe password. In the event that your password is learned by another person you must immediately reset it. You are responsible for all actions (including misuse or breach of these rules) that take place as a result of use of TopBabe by means of your password. In the event of a breach of these rules by anyone whom you allow to use your password the breach will be treated as a breach by you.

5. Indemnity

You agree to indemnify ANM from and against all claims, damages, expenses, costs and liabilities (including legal fees) arising from your breach of these rules or by your violation of any law or the rights of any third party.

6. Publicity

You grant All Night Media Ltd, Orange and those authorised by it the right to:

  • issue publicity concerning your Submission and to use for such purposes your name and other details providing during registration or Submission ; and
  • use your Submission in promotion for other services provided by ANM or other companies involved in providing TopBabe.

7. Intellectual Property Rights related to ANM and 'TopBabe'

7.1 The names, images and logos identifying ANM or third parties and their products and services are proprietary marks of ANM, its associated companies and/or third parties.

7.2 All copyright, trade marks and other intellectual property rights in the trade mark 'TopBabe' and the TopBabe service (including the design, arrangement and look and feel) and all material or content supplied as part of TopBabe (apart from your and other users' Submissions) shall remain at all times the property of ANM or its licensors.

8. To Make a Complaint

If you believe any Submission has infringed or violated your rights, including by defaming you or infringing your copyright, please provide ANM with the following information immediately:

  • Your name, email address, physical address, contact telephone number
  • Details of your complaint, with a description and title of the Submission in question
  • In the case of a copyright dispute, identification of the copyrighted work that you claim has been infringed and a statement by you that you have a good-faith belief that the Submission's use of the work is not authorised by the copyright owner, its agent, or the law
  • A statement by you that the above information is accurate. In the case of a copyright allegation, confirm that you are the owner, or an authorised representative of the owner, of the copyright interest involved or; and
  • Your signature (written or electronic)

Complaint Contact Details:
support@top-babe.net

All Night Media Ltd
81 Whiteladies Rd
Bristol
BS8 2NT

9. Payment for your Submissions

If TopBabe users in the UK pay to download your Submissions you will be receive a share of this via PayPal. In the event that your Submission is used by ANM in relation to any other service provided by it or its partners, or in relation to a TopBabe service outside the UK, payment of such sums will be payable at ANM's sole discretion. Here are the details:

  • If ANM uses your Submission, it will set up an account for you on TopBabe using your phone number and the email address you give us when you register.
  • Each time a user pays to access your Submission using the TopBabe service in the UK we will credit your TopBabe user balance with 10% of the value of the purchase less VAT.
  • You must have an active PayPal account to receive any such sums.
  • PayPal may charge you an administration fee to set up your account. You, not ANM, are responsible for paying that fee. In addition, PayPal may impose additional terms and conditions on you as the holder of an account with PayPal. You, not ANM, are responsible for complying with those terms and conditions and meeting any associated costs.
  • Payment terms are 45 days in arrears from the end of month to which the payment relates. For example, if your balance reaches or exceeds £10 during December, you would expect to receive a notification of payment being available from PayPal any time after February 14 (45 days from December 31). Your balance will then reset to zero and the process will begin again. Your right to payment is subject to your ongoing compliance with these terms and conditions. Orange may at any time, and at its sole discretion, withhold payment to you if it suspects that you are artificially inflating the number of downloads of your Submission, . Where monies are owed by you to ANM, we reserve the right to offset such monies through the cancellation of all or part of the payments due to you in respect of the TopBabe service. You, not ANM, are responsible for making sure that you pay any income or other taxes that you incur as a result of using the TopBabe service.
  • Important information about how you will be paid. You will only be paid if your TopBabe user balance reaches or exceeds £10. Your balance will then reset to zero and begin to accrue again. If your user balance does not reach £10 (for whatever reason) you will not be paid. Your user balance will only accrue as a result of a download if ANM receives revenue from that download. ANM may remove your Submission from TopBabe at any time, for any reason and ANM may determine in our absolute discretion where we place your Submission on TopBabe. This could affect the number of downloads of your Submission, but in no circumstances will ANM be liable to you for any losses that result, including for loss of any revenue which you expected you might earn. If you do not set up an account with PayPal you will not be paid for your Submission. ANM is not responsible if you are unable, for whatever reason, to set up an account with PayPal.

Note: ANM cannot, and you acknowledge and agree that ANM will not, be liable, whether through negligence or breach of contract or otherwise, for any loss or damage (whether direct, indirect or consequential and including loss of revenue or profit) which you suffer or incur in connection with your use of the TopBabe service.

10.Downloading Submissions

10.1. The cost of downloading, viewing and rating any Submission is as specified on the TopBabe service. Any such costs you incur will be included in your mobile network communications provider bill (for contract customers) or deducted from your credit (for pre-pay customers).

10.2. You must not modify or forward any Submission unless expressly permitted to do so by ANM. You will be directly liable for any claims brought against you, including claims by ANM or any third parties should you do so.

10.3. In no circumstances may you use any Submission you download for any commercial purposes or forward any Submission to anyone who you have reason to believe may use it commercially. You may not copy, distribute, modify, reformat, display, license, transmit, sell, perform, publish, transfer, reverse engineer or decompile (except to the extent expressly permitted by applicable law or as set out in this Agreement) or attempt to do so, or otherwise make available, any Submission.

10.4. ANM does not control any mobile communications network, and therefore accepts no liability for the temporary non-availability of any such network, or any loss, late receipt or non-readability of any Submission.

10.5. Submissions, which are obtained from a large range of users, is supplied to you on an "as is" basis and ANM does not warrant that the Content is of satisfactory quality, fit for a particular purpose, suitable, reliable, accurate, complete, secure or is free from error.

10.6. If you consider any Submission you download to be in contravention of these terms and conditions, please contact ANM and we will look into it as quickly as possible. If we find that a clip breaches these terms and conditions we will remove it.

10.7. You agree only to access, rate, view and download and otherwise use any Submission in accordance with your mobile communications service provider's security measures relating to its network and billing systems, and will not attempt to circumvent such security measures.

11. Prizes

  • 1. ANM may on occasion at its sole discretion offer prizes for the highest ranked Submission of a particular kind over a particular period. If you are the user whose Submissions are ranked highest in any particular time period, geographical area, or category, set by ANM from time to time, you will be eligible for a prize.
  • 2. No employees of All Night Media Ltd, or any company supplying a prize, or any such person's subsidiary or associated companies, agents or members of their families or households, are eligible to enter a Contest.
  • 3. ANM reserves the right to disqualify you from entitlement to a prize if it has reasonable grounds to believe you have breached any of these terms and conditions.
  • 4. No purchase is necessary to be eligible for a prize. ANM cannot accept responsibility for any loss or delay in receipt of Submissions whether or not arising during operation or transmission as a result of your mobile communications provider's network.
  • 5. Prize winner(s)' names may be published on the TopBabe wapsite (www.top-babe.mobi) and website (www.top-babe.co.uk) or you can write to Contest Winners, All Night Media Ltd, 81 Whiteladies Road, Bristol BS8 2NT naming the specific contest including a self-addressed stamped envelope for a list of winners.
  • 6. Prize winners will be notified by email or SMS within 4 weeks of the end of the voting period in question. Return of any prize notification as undeliverable or failure to reply as specified in the notification within the time stated therein may result in disqualification and selection of an alternate winner.
  • 7. Prizes are non-transferable and there is no cash alternative. ANM reserves the right to substitute prizes of equal or greater value at any time. Prizes are awarded at ANM's absolute discretion and no prizes will be awarded as a result of improper actions or breach of these terms and conditions or any other applicable terms and conditions by or on behalf of any entrant.
  • 8. All taxes, insurances, transfers, spending money and other expenses (including meals or personal expenses) are the sole responsibility of the prize winner.
  • 9. In the event of any dispute regarding the Contest the decision of ANM shall be final and no correspondence or discussion shall be entered into.

12. Limitation of Liability

YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL ANM BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING IN ANY WAY TO THE TOPBABE SERVICE, THE USE OR THE INABILITY TO USE THE SERVICE, UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE MATERIALS AVAILABLE ON OR THROUGH THE SITE, EVEN IF ANY OF THESE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES. NOTHING IN THESE TERMS OF USE AFFECTS THE STATUTORY RIGHTS OF ANY TOPBABE USER UNDER APPLICABLE LAWS OR EXCLUDES OR LIMITS ORANGE'S OR ANM'S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM THEIR NEGLIGENCE OR FRAUD, OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13. General

13.1 The content of all Submissions available on the TopBabe service are the responsibility of the user submitting them and are not necessarily the views of ANM.

13.2 If any provision of these terms and conditions is held invalid by any law, rule, order or regulation of any government, or by the final determination of any court of a competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions not held to be invalid.

13.3 Our terms and conditions shall be governed by and construed in accordance with English Law. Both you and ANM hereby submit to the exclusive jurisdiction of the English courts.

13.4 ANM reserves the right to review and revise these rules from time to time without giving you prior notice. By using TopBabe subsequent to any revision of these rules, which are effectively immediately on being published on www.top-babe.co.uk, you agree to be bound by such changes. Please check www.top-babe.co.uk regularly for changes.