Terms and Conditions of use digital services

01. Responsible entitiy

These terms and conditions of use apply to all websites, apps and/or accounts (hereinafter:
“Digital Services” or individually a “Digital Service”) of Talpa Entertainment Holding B.V. and its affiliated companies Talpa Entertainment Productions B.V. and Talpa Studios Concepts B.V. Talpa Entertainment Holding B.V. has its registered office at Zevenend 45, 1251 RL Laren and is registered in the trade register under number 77937376 (hereinafter: ‘Talpa Studios’, ‘us’ or ‘we’).

 

02. Applicability

By using a Talpa Studios Digital Service, you accept these terms and conditions. Where a Digital Service makes use of or refers to the services of third parties, including but not limited to broadcasters, channels, platforms that stream the television programmes we produce, partners, sponsors, advertisers, etc., the terms and conditions and/or terms of use, privacy policies and/or cookie policies of such third parties may also apply. Talpa Studios is not responsible for the services of third parties and refers you to the terms and conditions and statements that these parties make about these services on their own websites or apps. Please note that these terms and conditions may change from time to time. Talpa Studios has no control over them.

If you provide personal data to us via a Digital Service, for example your name and/or e-mail address, our Privacy Statement and our Cookie Statement apply. We advise you to read the Privacy Statement and Cookie Statement carefully before you provide these data to us. If it is possible to participate in promotional or other actions via a Digital Service, additional game or other terms and conditions may also apply. In all cases, our Privacy Statement and Cookie Statement take precedence in the event of conflicting terms and conditions.

Talpa Studios may amend these terms and conditions from time to time. Your use of a Digital Service is always subject to the terms and conditions in force at the time. We request that you check these terms and conditions regularly.

 

03. Use of a Digital Service

Via the Digital Services of Talpa Studios you can, among other things, find information about the products and services of Talpa Studios. It is also possible to register via some of the Digital Services, for example to register for participation in or attendance at a television programme, or for using the Digital Services as a ‘2nd screen’ during a television broadcast.

If you register via one of the Digital Services, always protect your account details and passwords carefully. You should never give these details to others. As a user, you are responsible for all activities that take place under your account. Always ensure that your details are correct and up-to-date. As soon as you suspect that someone else is in possession of this data, please inform us immediately at incident@talpastudios.com so that we can block your account. Talpa Studios reserves the right to delete or deactivate your account at any time if it has good reasons to do so.

If you are under the age of 16, you must have the permission of a parent or guardian to create an account. Talpa Studios is entitled to verify the existence of this consent.

If you use a Digital Service, you will ensure that your use of the Digital Service does not in any way harm the rights and/or reputation of Talpa Studios.

 

04. Contributions by users

If you submit information, data, images, video and sound clips and other content via a Digital Service (hereinafter: “Contribution”), under no circumstances shall the Contribution have an illegal or offensive (including sexist, pornographic, racist and discriminatory) content or otherwise infringe the privacy of third parties. You further warrant that you will not introduce or distribute any (computer) viruses via the Digital Services or take any other action that may impair the functionality of the Digital Services and/or breach the security of the Digital Services. You also warrant that the Contribution shall not infringe any intellectual property rights or other rights of third parties. If your Contribution features a third party recognisable in images and/or text, you also warrant to us that you have the permission of that third party to do so. You indemnify Talpa Studios against all possible claims by third parties as a result of submitting and/or publishing a Contribution.

It is not possible for Talpa Studios to review all Contributions in advance. We are, therefore, not responsible or liable for the content of any Contributions made available through the Digital Services. We reserve the right to shorten, modify or delete the Contribution at any time.

 

05. Intellectual property rights

All intellectual property rights, including copyright, trademarks and database rights, in the content and design of the Digital Services, including the underlying software, are vested solely and exclusively in Talpa Studios and/or its licensors. The right to use a Digital Service shall not imply any transfer, licence or other right of use or any other right in respect of the aforementioned intellectual property rights from Talpa Studios to the user. Without the consent of Talpa Studios, it is not permitted to copy the Digital Services or any part thereof, upload them elsewhere or use the trademarks of Talpa Studios.

By submitting, posting or uploading your Contribution, you grant Talpa Studios an irrevocable, free, worldwide, perpetual, sub-licensable and transferable licence to use the Contribution in all current and future media. You hereby waive vis-à-vis Talpa Studios to the extent legally possible any personality rights vested in you. By licensing your Contribution, Talpa Studios shall be authorised to use the Contribution worldwide and exploit it or have it exploited without restriction via any media and in any form, including via radio and television programmes, social media and websites.

 

06. Disclaimer

The Digital Services have been compiled with the utmost care. However, Talpa Studios cannot guarantee that the Digital Services will always be available or operate without interruption, error or defect, or that the information provided is complete, accurate or up-to-date.

Talpa Studios reserves the right to discontinue the Digital Services (without notice) temporarily or permanently, without giving you any rights thereto and without Talpa Studios being obliged to pay any damages. Talpa Studios shall not be obliged to replace or provide another Digital Service if the Digital Service is temporarily or permanently suspended (without notice). Talpa Studios shall also not be obliged to make back-up copies of data that you have stored on our Digital Services.

Talpa Studios shall not be liable for any information, Contributions and other materials or expressions (including advertisements) posted or made available by you or any third party through the Digital Services, or the accuracy of any such information, Contributions or other materials or expressions. Talpa Studios reserves the right to remove (without notice) any information, Contributions or other materials or expressions posted via a Digital Service.

Talpa Studios shall also not be liable for any damage or injury resulting from the use of the Digital Services, other websites or social or other media to which reference is made, for example, by means of hyperlinks.

The above limitations of liability shall not apply if the liability for damage is based on intent or wilful recklessness on the part of Talpa Studios.

Without prejudice to what is stated elsewhere in these terms and conditions, you shall be liable for and indemnify Talpa Studios against all possible claims by third parties as a result of your use of the Digital Services, your failure to comply or to comply properly with any legal obligations and your use of the Digital Services in breach of these Terms and Conditions of Use.

 

07. Transfer

Talpa Studios shall be entitled to transfer the Digital Services, in whole or in part, to a Talpa Studios affiliate. Talpa Studios shall also be entitled to transfer the Digital Services, in whole or in part, to a company not affiliated with Talpa Studios. In all cases, Talpa Studios shall retain the right to retain and use its own copy of the Digital Services. In the event of a full or partial transfer to a company not affiliated with Talpa Studios, notice will be given via the Digital Services.

 

08. Governing law and dispute resolution

These terms and conditions shall be governed and interpreted in accordance with Dutch law. These terms and conditions shall not affect your statutory rights as a consumer. Any disputes regarding these terms and conditions will be submitted to the court having jurisdiction under Dutch law.

 

09. Questions

Any questions or complaints about these terms and conditions can be sent to legal@talpastudios.com.

 

Last amended: 3 October 2023