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Terms of Use

Terms of Use

Last Updated May 2020

foodnetwork.co.uk Terms and Conditions

Your use of foodnetwork.co.uk (the "Service") and the Content on the Service is subject to these Terms of Use. "Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through or contribute to the Service. 

The Service is operated and provided to you by Discovery Corporate Services Limited, registered in England with company number 08597513 whose registered office is at Chiswick Park Building 2, 566 Chiswick High Road, London, England, W4 5YB (“DCSL”, "we", "us, "our"). 

By accessing, installing or using the Service, you confirm that you are 18 years old (or, if higher than 18 years old, the age of majority in your territory of residence) or over. 

Please read these terms (the "Terms of Use") before accessing, installing or using the Service. They set out the agreement for your access to and use of the Service. By accessing, installing or using the Service you agree to these Terms of Use. If you don't agree to them, please don't use the Service.

Any personal information you supply to us or that we collect from you when using the Service will be used by us in the ways set out in our Privacy Policy. Please also ensure you read our Cookies Policy

1. Access to the Service

1.1 By accessing, using or installing the Service, you will be able to access and view the Service and Content on the terms and conditions set out in these Terms of Use.

1.2 You must be aged 18 years (or the age of majority in your territory of residence if more than 18 years old) or more to access, use or install the Service.

1.3 Some features and Content may only be available to you if you register an account or have an existing account (“Discovery Account”), and use your account details to sign into the Service.  Please visit the Frequently Asked Questions to see which features require you to have a Discovery Account.

2. Your Discovery Account 

2.1 When creating your Discovery Account, you must provide accurate and complete information.

2.2 You are responsible for your Discovery Account username and password, for keeping them confidential, and for all activities that are carried out under them. We recommend that you do not reveal your username and password to any other person. You agree to notify us immediately if you become aware of or suspect any breach of security or unauthorised use of your password or username.

3. Supported devices and updates

3.1 Availability of the Service, your Discovery Account and Content depends on the quality of your internet connection, browser and device capabilities.

3.2 Some features may not be available on all browsers. Please visit the Frequently Asked Questions to see the full list of supported devices and operating system requirements and any other device restrictions that may apply.

3.3 To get the best experience, we recommend that you accept any updates to the Service as and when they become available. This may also require you to update your device operating system. 

3.4 Your use of any updates, modifications to, or replacement versions of the Service will be governed by these Terms of Use and any additional terms you agree to when you install such update, modification, or replacement version.

4. Your data usage

4.1 You are responsible for all internet access, mobile data or other charges incurred when using the Service. Remember that streaming and downloading audio-visual content such as videos and games can use up a lot of data.

5. Changes to the Service

We may make changes to or discontinue the Service at any time without prior notice to you. For example, there may be times when we have to remove certain features or functionality and/or stop allowing certain devices or platforms from being able to access the Service. We may also update or upgrade the Service from time to time.

6. Changes to the Content

You acknowledge and agree that the Content is variable and will change from time to time without notice. In particular, the availability of Content may change from time to time (for various reasons, such as where relevant third party rights-holders withdraw or restrict our right to use that Content on the Service). We therefore have the right to add or withdraw Content at any time, with or without notice. 

7. Changes to these Terms of Use

7.1 We may, from time to time, change these Terms of Use. Please check back from time to time to see if any changes have been made to these Terms of Use. If you do not agree to the modified Terms of Use you must stop using the Service. Your continued use of the Service will be deemed to constitute your acceptance to any such changes to these Terms of Use.

7.2 The most up to date Terms of Use will always be available on the Service from the effective date of those updated Terms of Use.

8. Ownership of Content

8.1 All Content on the Service is either owned by or licensed to DCSL and/or its group companies, and is subject to copyright, trade mark rights, and other intellectual property rights of DCSL or DCSL's licensors and/or its group companies. 

8.2 Any third party trade or service marks present on Content are trade or service marks of their respective owners. 

8.3 DCSL and its licensors reserve all rights not expressly granted in and to their Content.

9. Your use of the Service

9.1 You confirm that: (a) any information and details provided by you to us, including on registration of a Discovery Account are true, accurate and up to date in all respects and at all times; (b) you will at all times comply with these Terms of Use; and (c) you will not use the Service for any unlawful purpose or in a way which infringes the rights of anyone else.

9.2 You must use the Service in accordance with all applicable laws, rules and regulations, and any other restrictions on your use of the Service or the Content.

9.3 You are permitted to use and view the Service and Content in accordance with these Terms of Use for your personal and non-commercial use only. 

9.4 For use outside your home country of residence, see the Frequently Asked Questions for more information about access to the Service outside your home country. 

9.5 You must not, and must not allow third parties to: (a) access, view and/or purchase the Content and/or Service using a virtual proxy network; (b) use your username and password to access the Service or the Content without authorisation; (c) reproduce, download, transmit, broadcast, display, perform, publish, license, offer for sale, make copies and/or distribute all or part of the Service or the Content unless permitted by these Terms of Use or unless we make available the means for such distribution through functionality offered by the Service; (d) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Service or the Content except as permitted by applicable law; (e) create derivative works of the Service or the Content of any kind whatsoever; (f) circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Service or the Content; (g) reproduce, perform, display or exhibit the Service or the Content in any public place; or (h) collect or harvest any personal data of any user of the Service (including any account name) or use any robot, bot, scraper, site search/retrieval application, proxy or other manual or automatic device, method, system or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or the Contents.

10. USER CONTRIBUTIONS TO OUR SERVICES

PLEASE READ THIS SECTION CAREFULLY BEFORE UPLOADING OR OTHERWISE TRANSMITTING ANY CONTENT TO THE SITE. IF YOU DO NOT WANT TO GRANT US THE PERMISSIONS SET OUT IN THESE TERMS, PLEASE DO NOT SUBMIT YOUR CONTRIBUTION TO THE SITE.

10.1 We may now or in the future enable users to transmit and/or submit contributions (including without limitation any text, photographs, graphics, video or audio material) to our Services (user Contributions).

10.2 Whenever you make use of a feature that allows you to submit user Contributions or to make contact with other users of our Services, you must comply with the content standards set out in these terms. You promise that any user Contribution complies with these terms and you will fully reimburse us for any costs arising from breach of your promise.

11. You remain the owner of the copyright in any original user Contribution that you submit. By submitting any user Contribution to any of our Services (including without limitation any forum, blog, social network, discussion page, photo album or video uploading facility) and in consideration of us making available to you the opportunity to upload any user Contribution (which you acknowledge as a sufficient benefit to you), you irrevocably and unconditionally grant us free of charge a non-exclusive, worldwide, royalty-free, sub-licensable licence of the entire right, title and interest in and to such user Contribution so that we and any successor may use the user Contribution in any way, including without limitation the right to copy, reproduce, modify, edit, adapt, reformat, translate, create derivative works from, incorporate into other works, transmit, distribute, perform, play, broadcast, commercialise and otherwise make available to the public such user Contribution (whether in whole or in part or copies of the same) in any format or medium currently known or developed in the future for the full period during which such rights subsist (including all renewals, revivals, reversions and extensions of the same) and thereafter to the fullest extent possible in perpetuity.

14. The permission you have granted to us is not exclusive and therefore you may continue to use the user Contribution in any way in any medium, including allowing others to use it, provided such use does not interfere with or impair the rights you have granted to us.

15. You authorise us to grant and we hereby grant to each user of our Services a non-exclusive licence to view, hear, read, stream, download, link to and otherwise access your user Contributions to our Services through our Services and otherwise to use such user Contributions as permitted through the functionality of our Services and in accordance with these Terms.

16. You shall be solely responsible for your user Contributions and the consequences of submitting them to our Services. You promise that:

(a) the user Contribution is your own original work and you own the entire right, title and interest in and to the user Contribution and/or you have all necessary licences, rights, consents and permissions to use and to authorise us to use any and all intellectual property rights (including without limitation copyright) in such user Contribution to enable us to use the user Contribution in the manner contemplated by these Terms;

(b) nothing in the user Contribution is defamatory, obscene, indecent, pornographic, sexually explicit, harassing, threatening or offensive, incites racial, cultural or religious hatred, impersonates or appears to impersonate any other person, is in contempt of court, violates any law or regulation or encourages conduct that would amount to a criminal offence (including without limitation any conduct that would be considered an offence under the Terrorism Act 2006) or give rise to a civil liability and/or is otherwise objectionable and/or an infringement of any applicable law or regulation;

(c) you will not collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material, data or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with your user Contribution or in connection with your use of our Services, unless you have obtained the express, prior permission of such other person (or their parent or guardian if such other person is under 16), firm or enterprise to do so;

(d) the user Contribution does not contain any virus, corrupt file, cancelbot, worm programme or other malicious code designed to interrupt, destroy or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, nor any adware, spy ware, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information;

(e) you shall not forge any TCP/IP packet header or part of the header information in any user Contribution for any reason;

(f) you shall not submit any material or perform any actions that result in the transmission of junk email, chain letters, surveys, contests, pyramid selling schemes, duplicative or unsolicited messages or so-called “spamming” and “phishing”; and

(g) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of any user Contribution.

17. You hereby waive all moral rights or similar rights now existing or created in the future in any part of the world in respect of any user Contribution and grant to us the non-exclusive, royalty-free worldwide right to use any name, user name, screen name, likeness, photograph, signature and/or biographical material submitted to us by you.

18. You shall, and will procure that any necessary third parties shall, do all such further acts and execute and deliver all such other documents as may be reasonably requested by us to confirm the licences and rights granted under these Terms.

19. All user Contributions will be considered non-confidential and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose relevant information to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, their right to privacy or any other applicable law or regulation.

12. Service-specific Terms:

You may be asked to agree to additional terms and conditions ("Additional Terms and Conditions") when using specific Services, for example, before entering competitions or prize draws promoted by us or our partners, submitting materials, subscriptions, purchasing content or other goods via the Services, or using any of our applications which may be available, for example on social media platforms or via a mobile handset. 

13. Privacy

Any personal information you supply to us or that we collect from you when using the Service or your will be used by us in the ways set out in our Privacy Policy. Please also  ensure you read our Cookies Policy.

14. Ending your right to use the Service

14.1 We may immediately terminate or suspend your right to use all or any part of the Service or (if applicable) your Discovery Account if we have a reasonable belief that you have breached these Terms of Use or if you are using the Service, the Content or your Discovery Account in any manner other than for its intended purpose, in breach of these Terms of Use, fraudulently or illegally. If what you have done can be put right we may give you a reasonable opportunity to do so.

14.2 We may decide to discontinue any part of the Service or (if applicable) any Discovery Account at any time.

14.3 We will terminate or suspend your access to the Service and/or (if applicable) to your Discovery Account if we have notified you more than twice that you are carrying out an infringing activity.

14.4   If we terminate or suspend your rights to use the Service or (if applicable) your Discovery Account you must stop all activities authorised by these Terms of Use, including your use of the Service or your Discovery Account

15. Our liability to you

15.1 We accept liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation, wilful misconduct or gross negligence by us or our employees or agents. 

15.2 If we breach these Terms of Use we will only be liable for losses which are a reasonably foreseeable consequence of that breach. Losses are foreseeable where they could be contemplated by you and us at the time of you agreeing to these Terms of Use.

15.3 We are not responsible for: 

a. any indirect or consequential losses which may be incurred by you. This shall include; (i) any loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss of opportunity; or (iv) any loss of data suffered by you;

b. any use of the Service or Content which isn’t authorised by us; 

c. any malfunction or interruption to the Service or Content due to unforeseeable circumstances that prevent us from fulfilling our obligations to you;

d. errors, viruses or bugs present in or arising from your use of the Service or Content;

e. incompatibility of the Service or Content with any other software or hardware (including any of your devices); 

f. the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Service; and

g. any act or default of any third-party platform, service provider, supplier, device manufacturer or provider of a device operating system, which are beyond our reasonable control.

15.4 You have certain statutory rights under the applicable laws of your territory. Nothing in these Terms of Use is intended to affect these statutory rights. For more information about your statutory rights contact your local consumer organisation.

15.5 Apart from liability arising in respect of the circumstances set out in section 10.1 (which is unlimited), to the fullest extent permitted under local law, in no event shall our total liability to you for all damages arising from your use of the Service or the Content exceed £50.00.

15.6 We can't guarantee that the Service or the Content will be free from bugs or errors or that your access will be free from interruptions (for example there may be downtime for maintenance or updates or any power or server outages or other reasons outside our control), however where we are made aware of technical issues we will always try to fix them.

15.7 Please note that we are not responsible for any lack of functionality or failure to provide any part of the Service or the Content, or any loss of content or data that is due to: your equipment, devices, operating system or internet connection, your failure to download the most recent published version of the Service or meet the compatibility requirements or the consequences of you changing your equipment, device, operating system or internet connection.

16. Advertising and third-party websites

16.1 The Service and Content may contain advertisements. We are not liable to you for any reliance placed by you on the completeness, accuracy or existence of any advertising on the Service and Content.

16.2 The Service may include hyperlinks to other web sites that are not owned or controlled by DCSL. DCSL has no control over and assumes no responsibility for, the availability of or content, privacy policies, or practices of any third party websites.

16.3 You acknowledge and agree that DCSL is not liable for any loss or damage which may be incurred by you as a result of the availability of external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

16.4 We encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.

17. Communications

If you have registered a Discovery Account, we will send you information relating to your use of the Service (and if applicable your Discovery Account) (e.g. changes in password, confirmation messages, content and feature updates and other service or transactional messages) by in-Service message or email to the email address provided during sign up. If you signed up via a third party, for example via one of our partners or using your account details with a platform, then we may obtain your email from that third party or platform so that we can keep you up to date with service-related messages. 

18. Transfer of rights

18.1 Except as set out below, the agreement between us and you is personal to you and no third party is entitled to benefit under it. You agree we can transfer, sub-contract and sub-license (as applicable) our rights and obligations under these Terms of Use to any company, firm or person. You may not transfer your rights or obligations under these Terms of Use to anyone else. 

18.2 You acknowledge and agree that each member of the group of companies of which DCSL is a part shall be third party beneficiaries to the Terms of Use and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms of Use which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be a third-party beneficiary of the Terms of Use.

19. Severance

If any provision of these Terms of Use is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these Terms of Use shall not be affected.

20. Waiver

To the extent we fail to or decide not to exercise any right of claim against you to which we are entitled, this will not constitute a waiver of that right unless otherwise indicated to you in writing.

21. Governing law

21.1 These Terms of Use shall be governed by and construed in accordance with the laws of England and Wales. However, these Terms of Use will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence. 

21.2 You will only be able to bring a claim related to or arising from these Terms of Use in the courts of England and Wales.  

22. Complaints

If you have any complaint please speak to us first, by contacting us using the details below. In addition, where required by applicable law, disputes may be submitted for online resolution to the European Commission Online Dispute Resolution ("ODR") platform available at https://ec.europa.eu/consumers/odr. We do not currently use alternative dispute resolution ("ADR"), including through the ODR platform, as a means of settling consumer complaints.

23. Contacting us

You can contact us using the details in our Frequently Asked Questions.