FremantleMedia and ITV Conditions of Use for ‘the X Factor 2018’ App

The mobile application conditions of use (“Conditions of Use”) set out the rules between you and FremantleMedia Limited (”Fremantle”) set out the rules between you and us which govern your use of the X Factor 2018 application (the “App”). Any reference to “you” or “your” shall mean the user of this App. Any reference to ”we”, ”us” and “our” in this notice is to ITV and Fremantle.

The X Factor is a family show, however, certain content within the App may not be suitable for children and, in this regard, we advise parental guidance. If you are under 18, you must read these Conditions of Use with your parent or guardian prior to using this App, as your use of this App shall be confirmation that you and your parent or guardian understand and agree to these Conditions of Use and any other terms listed below.

The App may contain links and content from other third party providers including without limitation from advertisers or otherwise. Neither ITV or Fremantle accept any responsibility or liability for the links and content provided by third party providers or any actions or omissions that you may take in reliance on it

Without affecting the provisions listed in the previous paragraph, by accessing and continuing to use the App, you are deemed to have accepted these Conditions of Use. If you are under the age of 18, your parent or guardian is deemed to have agreed to these Conditions of Use on your behalf. Where you allow anyone under the age of 18 to access the App on your mobile or tablet device, you hereby acknowledge that you are responsible for ensuring any unsuitable content within the App is not viewed and/or accessed by such person.

We reserve the right to change the contents of this App, including these Conditions of Use at any time, without notice, and such changes shall be effective immediately upon posting within the App, the date of the changes being posted at the end of these Conditions of Use. It is your responsibility to familiarise yourself with the Conditions of Use on a regular basis to ensure that you are aware of any changes. Your use of this App following any such changes will constitute your acceptance of the revised Conditions of Use.

Use of the App

Subject to your strict compliance with these Conditions of Use, we grant to you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable, and non-transferable licence to use the App and receive access to its content.

Please note that the App may enable user interactivity which may contain advertising, sponsorship and/or marketing promotions. Such interactivity includes, but is not limited to, voting for contestants on the show, , an interactive predictor tool, access to third party ‘selfie’ filters and overlays, access to Apple Music curated playlists and previews, “click to buy” opportunities with third party retailers and polls.

The X Factor Voting Information

During the X Factor’s live voting shows users will be able to use the App to vote for contestants they wish to progress in the competition. Voting opens and closes as specified in the X Factor’s programme as broadcast by ITV.

Full voting terms and conditions can be found at http://www.itv.com/terms/competitionsandvotes

Fifth Judge Voting

Occasionally, the editorial of the programme may allow for users to vote on or to choose an element of the programme, for example, and without limitation: to select songs for the contestants; or name a band. We may make updates to this App which will allow App users to perform such voting via the Fifth Judge section of the App.

Other than when voting, your interaction or participation with any interactive functionality of the App does not have any effect on the X Factor competition.

You agree to use the App only for lawful purposes, for your personal and non-commercial use, on a mobile or tablet device, in accordance with these Conditions of Use, whilst ensuring that your use does not infringe on the rights of, or restrict, or inhibit the use and enjoyment of the App by any third party.

You agree to comply with all applicable laws and regulations, together with the terms and conditions imposed by your handset provider, any specific usage rules and other terms in relation to any material and content that you access via the App.

Depending on your mobile phone and/or mobile device tariff and your provider, you may incur data charges from your provider for downloading and/or using certain features of the App. You hereby acknowledge and agree that we shall incur no responsibility for such charges and that they shall be for your account alone.

Filters

This service allows you to reframe your images with a filter (“Filter Software”). We grant you a personal, non-transferable and non-exclusive right to use the Filter Software for your personal, non-commercial use and not for resale or further distribution. Your right to use the Filter Software is limited by the terms set out in these Conditions of Use. By accepting these Conditions of Use you are allowed to take images within the App for use with the Filter Software. By using the Filter Software, you must not infringe the copyright, trademarks or other intellectual property rights or of any third party.

You are entirely responsible for each individual item of content that you create via the App. We are not responsible for any copyright or trademark infringements. In the event Fremantle and/or ITV receive a notification from a third party that your content contains any materials infringing intellectual property rights of any third party, we reserve the right to take such action that we in our absolute discretion deem appropriate in order to cease such infringement.

Third Party Sites

The App may contain hyperlinks to other websites and/or services including without limitation Apple Music and “click to buy” opportunities (“External Websites”). If you use these hyperlinks and/or services, you may leave the App and you will either be re-directed to the External Websites or such External Websites may be displayed within the App. Fremantle has not reviewed all of these External Websites, does not control and is not responsible for the External Websites or their content or availability. Any decision to access the External Websites linked to this App is taken entirely at your own risk.

You may also be informed that additional terms and conditions apply when using specific services within the App (for example to receive promotions or to enter competitions), any such additional terms and conditions, External Website terms and conditions and privacy policies and any other applicable rules and regulations shall be referred to as the “Additional Terms”. It is your responsibility to read the Additional Terms and by using the applicable services you shall be deemed to have agreed to the provisions of the Additional Terms. If there is any inconsistency between these Conditions of Use and any Additional Terms, the Additional Terms will prevail. You hereby agree that you shall not violate any of these provisions.

For the avoidance of doubt, we are not responsible for and give no warranties in respect of any External Websites (including without limitation the failure of any links to such sites), third party content or third party material forming part of or associated with the App and you agree that we have no association with their operation, gives no warranty relating to and do not endorse such sites. You agree that you will not involve us in any dispute you may have with such third party sites and services.

Intellectual Property Rights

The past, present and future content of the App, including, without limitation, software graphics, text, images, audio, videos, designs, compilations, databases, targeting information, advertising copy, and the trademarks, logos, domain names, trade names, service marks and trade identities; any and all copyright material (including source and object code); and all other materials related to the App, including without limitation, the "look and feel" of the App (collectively, "Content") are protected by applicable copyrights, trademark rights, database rights and other proprietary (including, but not limited to, intellectual property rights) and are the property of Fremantle and ITV, and their parents, subsidiaries, affiliates, or its licensors.

Delivery of the App shall not transfer to you any right other than to use the App for the stated period for your own personal use and you shall not (to the extent possible) modify the App or any services connected with the App by any means or attempt to copy, reproduce, make available to the public or reverse engineer any of the software or materials forming part of the services or the App.

Except as set out in these Conditions of Use or otherwise expressly granted to you in writing by us, no rights (in any form) in or to the Content are granted to you.

Software

You are only licensed to access the App with the software provided.

You must ensure that you use the App in accordance with these Conditions of Use and any Additional Terms and you agree not to distribute or make the App available over any network.

You agree to use the App only inside the United Kingdom, the Channel Islands and the Isle of Man.

You understand and accept that your hardware shall require certain software in order for the App to work and it is your sole responsibility to ensure that you have the required up to date software.

Maintenance

We, and our services providers shall be solely responsible for any maintenance and support of the App during the provision of the App to you and you acknowledge that your provider shall not be under any obligation to you to carry out any maintenance and/or support of the App. The App may be temporarily suspended and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control. We will not be liable to you or to any other person in the event that all or part of the App is discontinued, modified or changed in any way. We do not guarantee that particular content will be available at any particular time.

User Warranties

You guarantee and we enter into these Conditions of Use with you on the basis that:

  • you own or control your own mobile and/or tablet device;
  • you are authorised to agree to these Conditions of Use and the Additional Terms on your own behalf or on behalf of your child or any organisation, company or educational establishment that you represent;
  • any information submitted by you shall be at your own risk;
  • that you are not located in a country subject to a US government embargo;
  • you shall not disclose or allow to be disclosed by any means any confidential information belonging to Fremantle and/or ITV that you become aware of;;
  • by using the App you agree that you shall be liable to us for any claims arising out of any breach by you of any of these Conditions of Use; and
  • to the extent permitted by law you will compensate, defend and hold harmless Fremantle, and ITV, and our officers, directors, employees, agents and affiliates from and against all losses, expenses, damages and costs, including reasonable legal costs, arising out of or relating to any violation of these Conditions of Use or any activity related to the use of the App (including but not limited to infringement of third parties‚ worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the App on your behalf.

Warranties

We agree that we are the owner of the App and that Fremantle is joint owner, together with Simco Limited, of the X Factor format. In the event of a third party claiming that the X Factor content as incorporated within the App infringes their intellectual property rights, we shall be solely responsible for investigating, settling or discharging such claim in relation to the App and Fremantle shall solely be responsible for investigating, settling or discharging such claim in relation to the X Factor format..

Limitations of Liability

Whilst we make every effort to ensure that the App is available and secure, we do not warrant or guarantee that this will always be the case.

The App is provided on an “as is” and “as available” basis. We do not guarantee that any content available in the 2018 version of the App, whether earned by user interaction or otherwise, shall be available in any future version. We reserve the right to remove any content from the App or change the functionality of the App at any time and without prior warning.

We do not warrant that the App will be uninterrupted or error free, nor does it warrant that the App will be free of viruses or other harmful components.

In order for you to use the App you may be required to obtain (either for free or for a fee, as applicable) certain updates and/or upgrades to your hardware and we make no warranty in respect of the compatibility of your mobile and/or tablet device with the application you wish to download.

We make no warranty or representation relating to aspects of the content of the App which you may find to be offensive.

Save as precluded by law, we shall not be liable to you or any person for any loss or damage which may arise from the use or misuse of this App or any of the materials contained within the App, including:

  • any damage or loss caused to you where you are not using the App as a consumer;
  • any damage to your mobile and/or tablet device, hardware, software or for any loss of data that result from your use of the App.
  • any failure, suspension, and/or any termination of access to the App or any content in connection with or arising out of an event which is outside our reasonable control including, without limitation, strikes, lock-outs or 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/or
  • any claims brought against you by a third party except as stated in these Conditions of Use.

In the event that the App does not conform to any warranty herein or implied by law which applies, and has not been limited or excluded, we shall not be responsible for any other losses, liabilities, damages, costs or expenses emanating from any failure to conform to any warranty herein or implied by law.
Nothing in these Conditions of Use limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or for any matter that we cannot exclude or limit as a matter of law.

Termination

We retain the right at our sole discretion to change, edit, suspend, delete or cancel provision of the App or any part of the App and/or change the terms that govern use of the App at any time without notice and without liability to you:

  • if required by law;
  • as a result of your mobile provider’s changes, deletion, cancellation or revocation of any required approvals for the Apple app store and/or Android device app store (including without limitation Google Play, Samsung App stores or other Android store providers); or
  • due to an event beyond our control.

We may terminate provision of the App to you if you refuse to accept any changes to these Conditions of Use.

You understand and agree that we will determine your compliance with these Conditions of Use in its sole discretion. We reserve the right to restrict, suspend, deny or terminate access to the App and to deny access to any person in its sole discretion without notice or liability of any kind.

Upon termination for whatever reason you shall immediately stop using the App.

Privacy

Please see the Privacy Policy section of the App http://legal.xfactor.tv/privacy-2018.html for information as to how we use your personal data and other information and for information on cookies that may be stored on your device.

Invalidity

If any of the terms of these Conditions of Use are deemed invalid, void or unenforceable for any reason, they will be severed from the rest of these Conditions of Use which shall remain unaffected.

No Waiver

If you breach these Conditions of Use and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach.

Rights of Third Party

You acknowledge and agree that our subsidiaries, your mobile provider, Apple and its subsidiaries are third party beneficiaries to these Conditions of Use and shall have the right to enforce any of the terms set out above against you.

Governing Law and Jurisdiction

Any matter arising from or in connection with these Conditions of Use shall be governed by and construed in accordance with English Law and the English courts shall have jurisdiction to resolve any disputes between us.

Contacting Us

We work with ITV to provide you with a good customer experience. Should you have any questions or concerns with these Conditions of Use or relating to the application itself, please contact us at itvihelp@itv.com

These Conditions of Use were last updated on Wednesday 8th August 2018.

Any reference to “Fremantle” is to FremantleMedia Limited, a company registered in England & Wales with registered office at 1 Stephen Street, London, W1T 1AL. Company No. 00276928. VAT Registration: GB 222 7151 96. Any reference to “ITV” is to ITV Consumer Limited (company number 2937518) and ITV Rights Limited (company number 6633451) each of registered office address 2 Waterhouse Square, 138 – 142 Holborn, London, EC1N 2AE.