Terms of Use

As of August 2015 the museum is closed for submissions. However, the below Terms of Use still apply if you are viewing the Museum and still apply to all items currently housed in the Museum and Items can still be reported as set out in the Guidelines.

This website (the “Museum”) is brought to you by Film4 (a division of Channel Four Television Corporation) (“C4”, “we”, “us” and “our”).

We have created the Museum to accompany and support the release of Nick Cave’s new film “20,000 Days on Earth”, a feature length docudrama based on a fictitious account of twenty four hours in the life of acclaimed musician and international cultural icon Nick Cave.

The Museum is an online museum of important things (each an “Item”) submitted by and curated by members of the public. If you wish to submit an Item to the Museum, or curate a collection of your own and/or other people’s Items (each a “Collection”) on the Museum, or just view and interact with the Museum then the terms below, our Guidelines, our House Rules, our Privacy Policy and our Cookies Policy (collectively the “Terms of Use”) will apply. Please read these carefully and if you do not agree to these then please do not use the Museum.

Introduction

  1. By accepting these Terms of Use, you confirm to have read, understood and accepted its contents.
  2. Accepting these Terms of Use is a condition to use, interact with and view the Museum.
  3. You are obliged to observe these Terms of Use.
  4. Please note that we may change these Terms of Use from time to time at our sole discretion. Any revised Terms of Use will be applicable from the date they are published. You should review these Terms of Use regularly to check whether they have been changed or updated.
  5. The Museum is a platform for people to submit their Items and curate Collections. Each Item and Collection is the sole responsibility of the person who submitted/created it (as applicable).
  6. The Museum may contain material that you consider indecent, objectionable or which may not be suitable for young audiences. If you permit a child to view the Museum, you are solely responsible for deciding whether or not the content on the Museum is appropriate for that child to view.
  7. Views and opinions expressed on the Museum are those of the person who expressed them, and are not our views or opinions.

Permission to view and use the Museum

  1. You may only use and view the Museum for your personal, non-commercial purposes and solely in accordance with these Terms of Use and with the functionality provided by us on the Museum.
  2. We reserve the right to refuse service, terminate access or remove or edit content for any reason including but not limited to if you are in breach of any applicable laws, these Terms of Use or any other applicable terms and conditions, guidelines or policies.

Creating Items and Collections on the Museum

  1. In order to create and submit Items and/or create a Collection on the Museum you will need to register with the Museum. The Museum uses Twitter authentication and you will be required to log-in using your Twitter account. On first log-in you will be asked to accept these Terms of Use, our Privacy Policy and Cookies Policy and to give the Museum web application certain permissions to interact with your Twitter account as follows:
    1. To access your Twitter profile information e.g. your Twitter handle and avatar in order to enable to you to interact with the Museum;
    2. Read tweets from your timeline; and
    3. See who you follow.
    4. Enable you to Tweet your Item and/or Collection from the Museum.
  2. We will only use your Twitter information in accordance with the permissions given by you, as set out in these Terms of Use and in accordance with Twitter’s terms of use.
  3. Accordingly, in addition to these Terms of Use, our Privacy Policy and Cookies Policy, Twitter’s Terms will apply if you log-in and interact with the Museum through your Twitter account, so please make sure you have read and continue to comply with these when you use and interact with the Museum through your Twitter account.
  4. If you wish to remove or delete any Item you have added or mark any Collection you have created within the Museum as private, you can find instructions on how to do so here FAQ.
  5. You are responsible for everything that is posted on the Museum by way of your Twitter account so please keep your details secure.
  6. Notwithstanding that the Museum uses Twitter, you acknowledge that the Museum is run by C4 and not by Twitter.
  7. You are solely responsible for any use by you of social media plug-ins to post, share, like or in any other way interact with content on the Museum.

Submitting Items to the Museum

  1. Information on how you can create an Item is set out in our FAQ. Your Item will be created from the following items submitted by you to the Museum:
    1. An image of your Item;
    2. A text only description and title of the item; and
    3. A selection of relevant metatags from the pre-prepared taxonomy on the Museum.
    Once submitted you will be not be able to edit or change your Item but you will be able to delete it (see our FAQ). YOU MUST NOT INCLUDE ANY PERSONAL INFORMATION ABOUT ANY OTHER PERSON IN ANY ITEM YOU CONTRIBUTE TO THE MUSEUM.
  2. You are able to submit an unlimited number of Items to the Museum.
  3. You acknowledge and agree that (a) your Twitter handle and avatar image will be displayed publicly with your Item(s) and may appear in public search engine results and you cannot opt out of this, so please make sure that you are comfortable to submit your Item and for it to be publicly associated with you; (b) that even if you delete your Item(s), they may still appear in search engine results; and (c) others will be able to share and interact with your Item, including but not in limitation, by sharing on social media. Further, when you submit your Item or Collection to the Museum an automatic Tweet will be generated from a Museum Twitter account that will generate a pic.twitter.com url allowing you and others to share an optimised version of your Item or Collection on social media.
  4. Your Item must comply with our House Rules and our Guidelines so please make sure you read these carefully before you create and submit your Item(s).
  5. We reserve the right to suspend publication of or delete any Item, at any time, for any reason at our discretion. Our decision is final and we will not enter into any discussion about the same.

Curating Collections

  1. Information about how you can curate a Collection is set out here FAQ.
  2. You are only able to curate one Collection of up to a maximum of twenty Items.
  3. You acknowledge and agree that your Twitter handle/avatar image will be displayed with your Collection to identify it as having been created by you.
  4. You will be able to create a name and description for your Collection and this must comply with our Guidelines and our House Rules.
  5. You acknowledge and agree that unless you have marked your Collection as "private" (see FAQ), your Collection is public and will be available to the public to view in the Museum. You also acknowledge and agree that your Twitter handle and avatar image will be displayed publicly with your Collection. You cannot opt out of this so please make sure you are happy for your Collection to be publicly associated with your Twitter handle/avatar. You acknowledge that even if you mark your Collection as "private" it may still appear in search engine results. Further, when you submit your Item or Collection to the Museum an automatic Tweet will be generated from a Museum Twitter account that will generate a pic.twitter.com url allowing you and others to share an optimised version of your Item or Collection on social media.
  6. Once submitted you will be not be able to delete your Collection, but you can remove Item(s) and you will be able to mark your Collection as "private", so it's no longer visible on the Museum (see our FAQ). YOU MUST NOT INCLUDE ANY PERSONAL INFORMATION ABOUT ANY OTHER PERSON IN THE TITLE OR DESCRIPTION OF YOUR COLLECTION.
  7. We reserve the right to suspend publication of or delete Collections at any time for any reason. Our decision is final and no discussion will be entered into.

Limitations on Use

  1. You must not: (i) knowingly introduce viruses, trojans, worms, logic bombs, or other material which is malicious or technologically harmful into the Museum, (ii) gain or attempt to gain unauthorised access to the Museum or tamper with, or use non-public areas of the Museum, our servers, computer systems or databases, or our technical delivery systems or those of our providers connected to the Museum; (iii) probe, scan, hack, or test the vulnerability of any system or network forming part of or connected to the Museum or breach or circumvent any security or authentication measures; (iv) access or search or attempt to access or search the Museum by any means (automated or otherwise) except through the search functionality provided on the site; (v) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Museum to send altered, deceptive or false source-identifying information; or (vi) attack the Museum with a denial of service attack or distributed denial of service attack or interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Museum, or by scripting the creation of Items and/or Collections in such a manner as to interfere with or create an undue burden on the Museum. By breaching this provision you may be committing a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law authorities and will co-operate by disclosing your identity to them. In the event of such breach, your right to use Museum will cease.

Your Warranties

  1. You are solely responsible for your use of the Museum and for any content that you submit to the Museum. By submitting an Item and/or curating a Collection you warrant and represent to us that:
    1. All the content you submit as part of your Item (including but not in limitation the image and text) is your own original work, that you control all of the rights to the content and the content has not been copied from anyone else;
    2. You are entitled to submit your content as an Item and nothing in your Item and/or the name or text description you include in your Collection or other material otherwise submitted by you to the Museum will infringe the intellectual property rights (including but not limited to copyright) or any other right of a third party, be defamatory, offensive, indecent, constitute harassment, intimidation, stalking of any third party, incite hatred of any kind, or be in breach of any applicable laws or regulations or constitute a breach of confidentiality or privacy or be in contempt of court;
    3. You are the individual pictured, depicted, and/or heard in all content you submit to the Museum and/or that you have obtained the permission from each person (including consent from their parents/guardians (where applicable, including but not in limitation where such person is under the age of 16)) who appear in your content so as not to violate these Terms of Use;
    4. You have paid and will pay in full all licence fees, clearance fees and other financial obligations, of any kind arising from any use or exploitation of all content you submit to the Museum;
    5. You will provide to us any such permissions as are necessary to evidence your control of the rights in all content you submit to the Museum;
    6. All information submitted by you in connection with your Item and/or Collection is true, accurate and not misleading;
    7. You are 16 years old or older;
    8. You will only use the Museum on your own behalf and not allow anyone else to use it on your behalf or submit content on your behalf; and
    9. Your Item and/or Collection complies with our House Rules, our Guidelines and these Terms of Use.
  2. You will indemnify, defend, and hold harmless C4 and its affiliates, directors, officers, employees, and agents, from and against all damages, losses, penalties, fines, expenses of any kind (including reasonable legal fees and costs) or any other liabilities of whatever nature arising from any and all third party actions that: (i) originate from your activities on the Museum; (ii) arises from or in connection with a violation or alleged violation by you of these Terms of Use; or (iii) arises from or in connection with any content you submitted to the Museum violates or allegedly violates any law or infringes any third party right, including but not in limitation any intellectual property or privacy right.

Rights that you grant us

  1. You will continue to own the content you submit as part of your Item(s) and/or Collection, however, in consideration of the opportunity for you to participate in and use the Museum, you hereby irrevocably grant to us (and parties authorised by us) a non-exclusive, irrevocable, royalty free, fully paid up, transferrable, assignable and sub-licensable license (the “Licence”) to such content, including but not limited to the right to use, copy, reproduce, publish, communicate to the public, distribute, prepare derivative works of, transmit, broadcast, display, modify, adapt, promote, and otherwise exploit (all and/or any part of) such content, as it forms part of and/or otherwise in connection with your Item(s) and/or Collection (as applicable), throughout the world in perpetuity in any and all media and by way of any and all distribution methods, whether now known or hereafter developed or discovered, together with all necessary consents and waivers (including without limitation a waiver of moral rights) for us (and parties authorised by us) to have the fullest use of your Item(s) and/or Collection without further payment, liability or acknowledgement to you. You acknowledge and agree that we shall be entitled to cut, edit, adapt, translate and make derivative works from your Item(s) and/or Collections as we deem fit.
  2. You hereby agree that the Licence includes and you hereby grant us (and parties authorised by us) the right to issue publicity relating to your Item(s), your Collection, the Museum and any other project in which your Item(s) and/or Collection may be included and to use and publish your Item(s), your Collection, your name, Twitter handle and avatar or likeness, and details about you that you have provided to us for such purposes.
  3. You hereby agree that the Licence includes and you hereby grant us the right for us to make your contributions (including but not limited to the Item(s) and Collection) available to other companies, organisations or individuals with no additional compensation being due to you.
  4. The License to your content ends when you delete that content (as applicable) from the Museum, or if we remove your content pursuant to these Terms of Use, unless your content has been shared with others, pursuant to the Licence, including, but not in limitation, on social media or elsewhere and we or they have not deleted it.

Your Information

  1. We may use your personal information set out in these Terms of Use and your personal information will be used in accordance with our Privacy Policy.

Complaints/Copyright Infringement

  1. Each user is solely responsible for content that they submit to the Museum, including but not in limitation Items and/or Collections. If you see any Items or Collections that you think are abusive, offensive, defamatory, infringes anyone's privacy or is hurtful or disrespectful in any way, the best way to let us know is by using the “Report” button on the relevant Item or Collection. You can also contact us either via our Contact Form or at our postal address set out below (see paragraph 65 below). Please mark any post for the attention of Viewer Enquiries. We will consider whether the content ought to be taken down.
  2. If you see any Items or Collections or any other content which appears on the Museum which you consider to infringe your copyright, the best way to let us know is by using the “Report” button on the relevant Item or Collection. You can also let us know by using the Contact Form or at our postal address set out below (see paragraph 65 below). When you notify us about a copyright infringement you will need to: (a) provide your contact details; (b) identify the infringing content and its location on the Museum; and (c) confirm that you own the copyright in the content and that its publication has not been authorised by you. Following receipt of this notification, we will consider whether the content ought to be taken down.
  3. We reserve the right to remove any content alleged to be in violation of these Terms of Use without prior notice, at our sole discretion and without any liability to you.

Third Party Links

  1. We may provide links to websites and resources operated by third parties. We are not responsible or liable for anything that happens to you when you visit these third party websites and resources. These third party websites may have their own terms of use so you will need to be aware of these. Furthermore, unless stated otherwise, C4 does not endorse any third party website to which it provides a link.
  2. Sometimes, third party websites provide links to the Museum. This does not mean that we have any relationship with that website and you should be careful about assuming C4’s association or affiliation to anyone else, especially where the existence of that relationship has not been confirmed by us.

Intellectual Property Rights

  1. Any content, technology and software, designs, trademarks, logos, graphics, photographs, animations, videos and texts featured on or comprising the Museum are our intellectual property and/or that of our licensors (including but not in limitation other users) and may not be reproduced, used or re-presented without our express written permission and where applicable the permission of the appropriate third party licensor. In particular (but not in limitation), you may not carry out modifying, copying, reproducing, disseminating, transmitting, exploitation for commercial gain and/or distributing in any form, any content on the Museum.

Availability of the Museum

  1. The Museum is made available free of charge, however, you are responsible for all arrangements necessary to access the Museum at your own cost.
  2. While we will try to provide the Museum so that it is available to you at all times we do not provide any guarantees about its availability or that it will be uninterrupted or that we will be able to resolve quickly any technical problems that arise. We may suspend, withdraw, discontinue or change all or part of the Museum at any time without notice.
  3. Whilst we seek to make Museum available as widely as possible, some features and functionality may not work on all devices.
  4. Please note that matters relating to the internet generally, such as broadband availability, connections and speed and other matters outside of our control may affect the quality and availability of Museum and your ability to participate in some activities. We take no responsibility for these sorts of matters.

Changes to the Museum

  1. We may update the Museum from time to time, and may change the content and/or functionality at any time. Please note that any of the content on the Museum may be out of date at any given time, and we are under no obligation to update it. You are responsible for reviewing and becoming familiar with any modifications to these Terms of Use. We do not guarantee that the Museum or any content on it, will be free from errors and omissions.
  2. We may, at our discretion and at any time without notice, decide to either (i) close the Museum to submission of Items or creation of Collections, in which case the Licence you have granted to us shall continue pursuant to these Terms of Use or (ii) close the Museum entirely in which case the Licence you have granted to us shall end unless your content has been shared with others and they have not deleted it

Limitation of Liability

  1. Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
  2. To the extent permitted by law and subject to paragraph 49 above, we do not accept any responsibility for anything contained within the Museum. To be clear, you acknowledge and agree that neither we nor our subsidiary companies nor our partners accept any liability (whether based in contract, tort or other action) for any loss or damage or injury or disappointment suffered, by you in connection with your participation with or caused by your use of the Museum whether this is caused by us or any third party. This exclusion of liability does not affect your statutory rights.
  3. The Museum and all information, images, logos and content relating to the Museum, and/or any of our associated companies, products and services (or to third party products and services), are provided 'AS IS' and on an 'AS AVAILABLE' basis without any representation, endorsement or warranty of any kind, including but not limited to implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
  4. We take no responsibility and assume no liability for any content (including, but not limited to the Items and Collections) that you or any third party contributes by way of the Museum.
  5. Whilst we will take reasonable steps to ensure that the Museum is virus free, we cannot guarantee this. Accordingly, you must take your own precautions in this regard (such as using anti-virus software). We accept no responsibility for any infection by virus or any other contamination or by anything which might have a destructive property.

General

  1. We may terminate or suspend our agreement with you at any time, with or without cause or notice to you.
  2. Upon termination, you continue to be bound by paragraphs 30-35 (inclusive), 49-65 (inclusive) of these Terms of Use.
  3. Any commentary, opinions or other material on Museum are not intended to amount to advice on which you should rely.
  4. If we decide not to exercise or enforce any right that it has against you at a particular time, then this does not prevent us from later deciding to exercise or enforce that right.
  5. If any part of these Terms of Use is found to be illegal, invalid or otherwise unenforceable by a court or regulator, then, where required, that part shall be deleted and the remaining parts of the Terms of Use will continue to be enforceable.
  6. These Terms of Use do not create or infer any rights that are enforceable by any person who is not party to them.
  7. The Museum is primarily intended to be accessed by residents in the United Kingdom. We make no representation that materials available on Museum comply with local laws in other jurisdictions.
  8. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction, including for the avoidance of doubt an outright assignment in connection with a change of ownership and or/operation of Museum.
  9. These Terms of Use are governed by English law and both you and we agree to submit to the exclusive jurisdiction of the English courts in connection with the same.
  10. This Agreement incorporates the following documents by reference:
    1. Privacy Policy
    2. Cookie Policy
    3. House Rules
    4. Guidelines
  11. These Terms of Use constitute the entire understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.
  12. You can contact us by way of our Contact Form or at our postal address: Viewer Enquiries, Channel Four Television Corporation, 124 Horseferry Road, London, SW1P 2TX.
  13. Last updated: 16 October 2014