1. In accessing the Site (www.freshone.tv), you agree to do so only for your own personal, non-commercial use and in accordance with these Terms.
2. The Site is owned and operated by Fresh One Productions Limited on behalf of Fresh Pictures Limited, Fresh Digital and Jamie Oliver, ("we" or "us"). Fresh One Productions Limited is a limited liability company registered in England and Wales (co. no. 4075091) with its registered office address at 19-21 Nile Street, London N1 7LL. Fresh Pictures Limited is a limited liability company registered in England and Wales (co. no. 07205704) with its registered office address at 19-21 Nile Street, London N1 7LL. Please read the Terms carefully as they set out your rights and obligations and the terms on which we makes the Site available to you. They also provide information on how you can submit material and how this will be used.
3. Any use of the Site (including, but not limited to, viewing content) constitutes your acceptance of these Terms, which takes effect the moment you first use the Site. If these Terms are not accepted in full, you should not access the Site and should stop using it immediately. We reserve the right to change the Terms at any time by posting changes online and it is your responsibility to refer to and comply with the most up to date Terms on accessing the Site. Your continued use of the Site after changes are posted constitutes your acceptance of the Terms as modified.
4. Unless otherwise stated, you may not copy, reproduce, republish, download, post, store (including in any other website), distribute, transmit, broadcast, commercially exploit or modify in any way any of the Site's material or content or permit or assist any third party to do the same.
5. You agree to only use the Site for lawful purposes, in a manner which does not improperly infringe the rights of, or restrict or inhibit the use and enjoyment of, the Site by any third party. Such restriction or inhibition includes, but is not limited to, conduct which is libellous, in breach of anyone's privacy or which may harass, cause real distress or inconvenience to any person and the transmission of obscene or offensive content or interruption of the normal flow of dialogue within the Site.
6. The Site may include links to third party web sites ("Third Party Sites") from time to time. You acknowledge and agree that we will not be responsible for the availability of the Third Party Sites and will not be responsible or liable for any content or services from the Third Party Sites. Your accessing of the Third Party Sites is at your own discretion and risk.
Rules of Conduct
1. In using the Site, you agree to obey the law, respect the rights of others and avoid objectionable, defamatory or disruptive behaviour. In addition, you will comply with the following "Rules of Conduct" as updated from time to time by us. You will not:
a) Use the Site for any fraudulent or unlawful purpose.
b) Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
c) Access or use the Site through any technology or means other than those expressly designated by us.
d) Restrict or inhibit any other person from using the Site (including by hacking or defacing any portion of the Site).
e) Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
f) Except as expressly permitted by applicable law, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.
g) Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
h) Frame or mirror any part of the Site without our express prior written consent.
i) Create a database by systematically downloading and storing all or any Site content.
j) Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site, without our express prior, written consent.
2. We may terminate your use of the Site for any conduct that we reasonably consider to be inappropriate, or for your breach of this Agreement, including the Rules of Conduct (including, without limitation, if you repeatedly engage in copyright infringement via or in connection with the Site).
Availability of The Site and Liability
1. The Site, information, images, logos and content relating to the Site, 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.
2. We will endeavour to provide the Site using all reasonable care and will use reasonable efforts to make the Site available to you at all times. However you acknowledge that the Site is provided over the internet and so the quality and availability of the Site may be affected by factors that are outside our reasonable control such as technical faults in your ISP's and/or telecommunication providers' network/service. We not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, providers, computer equipment or software, or failure of any email to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any website (or any combination of these things).
3. We make no guarantees that the Site will be available, uninterrupted or error free, or that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs. Except as required by law, we will not be responsible for any loss or damage caused by:
(a) interruption or delay to the Site or errors, viruses or bugs contained in the Site caused by events outside our reasonable control;
(b) your negligence, your breach of the Terms or failure to follow our reasonable instructions;
(c) any incompatibility of the Site with any other software or material on your equipment;
(d) any unauthorised use of the Site; or (e) any other factor that is outside our reasonable control.
4. Content, information and other material on the Site may contain inaccuracies and typographical errors. We do not warrant the accuracy or completeness of these or the reliability of any information displayed or distributed through the Site (including provided through any software), save as set out specifically in the Shopping Terms. You acknowledge that reliance on any such information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any part of the Site and to make changes to the Site and to the materials, products, programs, services, content or prices described in the Site at any time without notice.
5. We cannot accept any responsibility for any damage, loss, injury or disappointment suffered though use of the Site. In no event will we or any of our third party affiliates be personally be liable for any damages whatsoever, whether in action of contract, negligence or other action, including (but not limited to) damages for loss of use of the Site, damage to equipment or other software, or loss of data or profits or for other monetary loss or for any indirect or consequential damages, arising out of or in connection with the use (or inability to use) or performance of the Site. In addition, in no event shall we or any licensors or third party affiliates be liable for any unauthorised use of the Site.
6. These exclusions do not apply to death or personal injury caused by our negligence and only apply to the extent permitted by law. This does not affect your statutory rights.
Intellectual Property Rights Including Copyright
1. The names, images and logos identifying Fresh One Productions, Fresh Picture and Jamie Oliver, all our associated companies or third parties and any products and services are proprietary marks of these parties. Nothing in the Terms shall be construed as conferring to you any licence or right under any intellectual property right of all the above parties unless expressly stated otherwise.
2. All copyright, trade marks and other intellectual property rights in the Site (including the design, arrangement and look and feel) and all material, software or content supplied as part of the Site shall remain at all times our property or the property of our licensors and is protected by copyright law.
3. Any products and services on the Site are subject to availability and are available at our sole discretion.
1. The Terms shall be governed by and construed in accordance with the laws of England. Any disputes arising from the Site or Terms will be decided only by the English courts.
2. We make no representation that materials on the Site are appropriate or available for use at locations other than the UK and Republic of Ireland and access to them from territories where their contents are illegal is strictly prohibited. If you access the Site outside of the United Kingdom or Republic of Ireland, you are responsible for compliance with all local laws.
3. If any of the Terms are held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms which will continue to be valid and enforceable to the fullest extent permitted by law.
4. You agree to indemnify and keep indemnified us from and against all claims, damages, expenses, costs and liabilities (including legal fees) relating to or arising from your use or arising from any breach or suspected breach of the Terms by you or your violation of any law or the rights of any third party.
5. We can transfer its rights and obligations under the Terms to any company, firm or person provided this does not affect your rights under the Terms. You may not transfer or assign your rights or obligations under the Terms to anyone else.
6. Fresh One Productions Limited, Fresh Pictures Limited and Jamie Oliver Limited are incorporated and registered in England and Wales at 19-21 Nile Street, London N1 7LL. You can contact us at this address or you can email us at FreshOne.Productions@freshone.tv.
Last updated January 2011 © 2001-2011 Fresh One Productions Limited
1. In order to provide you with the full range of services on the Site, we are sometimes required to collect information about you. We will use any personal information collected from the Site in accordance with all laws and regulations relating to the protection of personal data including the Data Protection Act 1998 (as may be amended) (the "Data Protection Act"). Further details on the Data Protection Act can be found on the Information Commissioner's website (www.informationcommissioner.gov.uk)
2. The information collected on the Site includes:
a. Users' Internet Protocol (IP) addresses, which are automatically logged by our web server. IP addresses are numbers that can uniquely identify a specific computer or other network device on the internet and are used by us to observe users' interest in this Site (number of visits, etc).
b. Cookies are very small text files saved to your computer or other device and used to track user navigation around a website. Session cookies are also used to store information on which content, including advertisements, have been seen by a user. Some areas of the Site also use persistent cookies which are permanently stored on the users' computer. We will use such cookies to identify unique users to the Site. They are not cross-referenced with any other information such that an individual person could be identified.
c. Cookies also allow us to make our sites more user-friendly by, for example, allowing us to save your password so that you do not have to re-enter it each time you visit our Site.
4. Disabling/Enabling Cookies - users have the ability to accept or disable cookies by modifying the settings in their browser. Disabling cookies however may mean that some functionality of the Site may be affected. For further directions on how to disable cookies please click here for the Interactive Advertising Bureau's guidelines: www.allaboutcookies.org/manage-cookies/stop-cookies-installed.html
Competition and Prize Draw Terms and Conditions
Food Tube Books Facebook Prize Draw Terms and Conditions
1. This prize draw is run by Fresh One Productions Limited, whose address is 19-21 Nile Street, London N1 7LL ("Promoter"). The prize draw is open to UK and Eire residents only (England, Scotland, Wales and Northern Ireland), aged 13 and over, excluding employees (and their immediate families) of the Promoter and Jamie Oliver Holdings Limited.
2. Any entrants aged under 16 must ensure that they have obtained the consent of their parent or guardian to enter into this prize draw and that their parent or guardian has read and understood these Prize Draw Terms and Conditions and is happy for their child to enter.
3. A Facebook account is required in order to participate in this prize draw. If you are not already a member of Facebook, you can join for free at www.facebook.com.
4. In addition to these Prize Draw Terms and Conditions, you agree that all terms and conditions and policies of Facebook shall apply to this prize draw given that the prize draw takes place on Facebook. All Facebook terms and conditions and policies, together with these Prize Draw Terms and Conditions, shall together be referred to herein as "the Terms and Conditions".
5. The prize draw opens at 6.00pm GMT Monday 23rd June 2014 and the closing date for receipt of all entries is at 6.00pm GMT Monday 30th June 2014.
6. Only one entry per person is permitted. No third party or bulk entries.
7. No purchase or fee is payable to enter the prize draw.
8. To enter the prize draw, entrants must post a photographic image of food they have cooked onto the comments section of the Food Tube Facebook Page ("Facebook Page"). Entries will only be accepted in the comments section of the original prize draw post: https://www.facebook.com/photo.php?fbid=895658787114710&set=p.895658787114710&type=1&theater By posting a photographic image to the Facebook Page, you are agreeing to all of the Terms and Conditions.
9. There is one combined prize of a Jamie Oliver apron signed by Jamie Oliver, Jemma Wilson, Christian Stevenson and Kerryann Dunlop, and a copy of Jamie Oliver’s Food Tube books (The BBQ Book, The Cake Book & The Family Book). The winner will be the first entry drawn at random using random selection software, which fulfils all entry requirements and is not in breach of any of the Terms and Conditions.
10. The winner will be notified on or shortly after Monday 30th June 2014 via the Facebook Page (by reply to the winner's entry on the comments section of the Facebook Page which shall only be visible to the winner) and winner will be asked to send an email to Promoter containing their name, age, postal and email address ("Winner Information"). Within 30 days of receipt by Promoter of the Winner Information, Promoter will post the prize to the postal address provided, at the cost of the Promoter. If the Winner Information is not received by Promoter within 7 days of Promoter notifying the winner, Promoter shall be entitled to randomly select a new winner using the same random selection technique referred to in paragraph 9.
11. There is no cash or other alternative to the prize. The Promoter reserves the right to substitute the prize with a prize of equivalent value should the prize or any part of it become unavailable.
12. Entries must be family appropriate. Any entries that are offensive, cruel, inappropriate, profane or pornographic will be removed immediately and disqualified. All entries must be original and not infringe the rights of any third party. Any entries which seem in the sole discretion of Promoter to be plagiarized, copied, or stock or library photos will be deleted and the entrant disqualified from the prize draw.
13. Upon submitting any materials, including photographic images, to the Facebook Page, you are granting a non-exclusive royalty free irrevocable perpetual sub-licensable license to Promoter, its affiliates and sub-licensees to use, reproduce, modify, adapt, publish and display such content throughout the universe for any purpose in any media now known or hereafter invented, without compensation, restriction on use, attribution or liability. You waive all so-called "moral rights" in all materials and images submitted. You warrant that the photographic image and its contents is either owned by you, or that you have obtained the consent of any third party owner of the same (for example a friend or relative who may have taken the photograph for you) to post the image to the Facebook Page and to enter this prize draw on the Terms and Conditions herein, and that it has not been copied, in whole or in part, from any other material and that you have the full authority to grant the rights granted herein to the Promoter.
14. No responsibility can be accepted for entries, which are incomplete, delayed, corrupted, damaged, wrongly posted or not received for whatsoever reason. Incomplete and late entries will not be taken into account. The Promoter shall not be responsible for non-inclusion of any entries as a result of technical failures on the Facebook Page, Facebook website, random selection software or otherwise.
15. If it becomes apparent that an entrant is using any means to circumvent the Terms and Conditions such as, and without limitation, using multiple Facebook accounts, acting fraudulently or dishonestly in the sole opinion of the Promoter or otherwise being in breach of the Terms and Conditions, such entries will be disqualified and any prize entitlement will be void and forfeited.
16. No correspondence will be entered into with respect to the selection of the winner and the random selection of the winner hereunder cannot be appealed. Promoter reserves the right to disqualify an entrant or withdraw all or parts of the prize if Promoter finds evidence of breach by an entrant or the winner of any of the Terms and Conditions.
17. You agree not to use the logo, image, signature, voice, film, photographic portrayal, virtual and/or electronic representation or any unauthorised reproduction, or the reputation or other characteristics belonging to Promoter, Jamie Oliver, Jamie Oliver Limited or any of their group or associated companies as an implication of any association, approval or endorsement of any products or services.
18. The Promoter may at its absolute discretion vary or amend the Prize Draw Terms and Conditions and in such event, the amended terms and conditions, and a notification regarding the amendments having taken place, will be posted on the Facebook Page. No liability shall attach to the Promoter as result of any amended terms and conditions.
19. Winner may be required to provide ID to demonstrate their age and failure to do so may result in prize entitlement being withdrawn.
20. It is a condition of entry that winners may be required to take part in post-prize draw publicity with no further recompense.
21. The Promoter reserves the right to cancel, amend, withdraw, terminate or temporarily suspend this prize draw in the event of any unforeseen circumstances or technical reasons, with no liability to any entrants or third parties.
22. By entering into the prize draw, you agree that any personal information you supply may be used by Promoter and its affiliated companies, their staff, employees and agents, for the purpose of administering the prize draw, and will be kept securely and processed lawfully in accordance with the Data Protection Act 1998, as amended from time to time, and will not be shared with any third party without your prior written consent.
23. You hereby agree to indemnify and hold the Promoter, its affiliated companies, their staff, employees and agents harmless from any claims, suits, losses, demands, damages, expenses (including reasonable legal fees) that arise from any breach by you of any of the Terms and Conditions.
24. This prize draw is not sponsored, endorsed or administered by Facebook and Facebook take no responsibility for any element of the prize draw, including prize provision. This prize draw adheres to the prize draw guidelines as set by Facebook.
25. English law governs this prize draw and these Prize Draw Terms and Conditions, and the courts of England and Wales shall have exclusive jurisdiction over any dispute arising out of or in connection with this prize draw.