These are BBC Children in Need’s terms of use for Uploader. They tell you the rules for using Uploader and what we can do with things you post or upload and your rights and responsibilities.  Please note that you have to have a BBC account to use this Uploader which means the BBC Terms also apply. Together these terms replace all previous agreements between you and us about using this particular Uploader. Whenever you use Uploader to send us your creations you agree to these terms.  We’ve kept them as short as possible. So do read them, and check in for updates as the latest version always applies.  If you don’t stick to all these terms then we can suspend or terminate your use of Uploader and the BBC can suspend or terminate your BBC account.

Creations

When we say ‘creation’ in these terms we mean anything you upload using Uploader.  We won’t pay you for your creation. We appreciate you sharing your creation with us but sadly we can’t pay you. There might be other terms that apply, these will be made clear to you at the time. We hope to use your creation, but we can’t guarantee it.  We may use your name alongside your creation, we’ll try to remove it if you ask us to, but this isn’t always possible.

Rights

When you upload a creation, you give up your moral rights to it. That means we can:

• Use your creation without identifying you as the creator
• Edit or change your creation and you won’t be able to say we’ve treated it in a “derogatory” way.
• Read more about moral rights here. And here’s a shorter explanation of moral rights.

You own the copyright if your creation is completely new and original. Which usually means it doesn’t feature anyone else’s content, such as videos and music.  If so, you can do whatever you like with it.

If your creation contains content – like images, sounds, music or video – made by someone else, the copyright for that content may belong to them. Which usually means you’ll have to get their permission to do anything with your creation. That includes uploading it to the Uploader.

Read more about your copyright here. Read more about copyright in general here.

Once you’ve got permission, you can share your creation with the public, on your website, for instance, or on social media.

Personal Information

We might contact you, to ask you to complete additional forms in relation to your creation, to check if you’ve got permission to use any music, images, clips or text in your creation or just for administrative purposes.

We (or the BBC whose Uploader platform we are using) will not share the personal information you provide to us without letting you know first. We will use and share your contribution in the ways described below. Read more on how we use your personal data

Uses

When you share your creation with us, we try to tell you exactly what we’re going to do with it, but that’s not always possible, so here’s what might happen.  When you post, upload or contribute a creation, we can:

• Use, host or store it in BBC and BBC Children in Need content, so you might see your creation on TV, on BBC Children in Need Online, social media or on other sites who have our permission to feature some of our content.
• Copy, change or translate it, or make things inspired by it.
• Use it with our tools for making creations or remixing content
• Share it to do research. We do research activities and sometimes collaborate with research partners. Every now and then we share our content and data with them. But we’re careful about what we share and what our research partners can do with it.
• Moderate it, which means we can review, edit, remove or decide not to display it. And, if it breaks any laws, we can refer it to the police and other authorities.
• We can use it anywhere in the world, in any medium (for example TV, the internet, radio and apps) for as long as we want – even if you stop using the Uploader or having a BBC account.

And anyone we work with can do those things too and they could also charge their users to see it.

Creations – what you can’t send us

You need to be 16 or under to upload creations and your parent or guardian (who must be over 18) must do this for you.

Don’t send us anything that:

• that copies someone else’s creation
• Isn’t in English (unless we’ve asked you to comment in another language)
• Is illegal or defamatory (damaging to someone else’s reputation)
• Is inappropriate (offensive, off-topic or disruptive)
• Contains personal details about yourself or a third party (in particular don’t send us information in relation to health, disability, ethnic origin, religion, sexual orientation or criminal convictions)
• Contains spam (unless you’re commenting on a story about reconstituted meat)
• Breaks the BBC’s election or referendum rules
• Puts children at risk
• Infringes anyone’s rights (that includes privacy rights)
• You’ve made as part of your job or for your business
• Promotes a business
• Identifies someone (unless you have their consent or, if they’re under 18, the consent of their parent or guardian)
• Is in contempt of court
• Contains links to content that can’t be seen easily, may be unsafe (viruses, worms, spyware and Trojans) or automatically launches lots of windows.
• Doesn’t comply with these terms

Mishaps

We take great care to make our content and Uploader the best they can be. So if something does go wrong, we are responsible only:

• If our content or Uploader damage your device or anything on it. Should this happen, you might be able to ask for compensation under consumer protection law. Compensation isn’t guaranteed, though. Be sure to get legal advice.
• For certain unlikely events. If our negligence causes death or injury, for example.
• If you’re an individual “consumer” and it would be unfair for us to not be held responsible.

Otherwise, we’re not liable for anything that happens if:

• You rely on advice, data, commentary, opinions or any other content
• There are errors, omissions, interruptions, delays, bugs or viruses
• We turn off or remove content or Uploader (we’d normally only do this when we moderate, for legal reasons, or if we’re improving Uploader)
• The thing that happens couldn’t reasonably have been foreseen
• The thing that happens wouldn’t usually result from the mishap
• You and we hadn’t agreed that this thing would probably happen in the event of a mishap
• This applies to sites we link to as well as our content and Uploader.

Final stuff

If you use Uploader on behalf of a business or entity, that business or entity agrees to these terms. So your business/entity has to stick to these terms if you use Uploader:

• substantially to do your job – as an employee, contractor or consultant
• for commercial purposes – to make a profit or
• for educational, non-profit, charitable or government uses

This is a contract between you and us. No one else has any rights to enforce its terms.  English law governs these terms, and only English courts can make judgments about them.

This Uploader is made available to you by BBC Children in Need of Bridge House, Media City UK, Bridge House M60 2BH and the British Broadcasting Corporation, Broadcasting House, Portland Place, London, W1A 1AA

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