Conditions

Terms and Conditions

 

TERMS AND CONDITIONS OF USE OF THE MOVIE MOGUL FILMS WEBSITE

 

THIS IS AN IMPORTANT LEGAL NOTICE - PLEASE READ BEFORE ACCESSING THIS WEBSITE

 

These are the Terms and Conditions upon which Movie Mogul Limited ("Movie Mogul") will grant you permission to review and to contribute to its website located at www.moviemogulfIilms.com ("Website"). If you register as a Member of Movie Mogul and you wish to use this Website, you must accept these Terms and Conditions ("Conditions"). You must read them and take note in particular of the right in certain circumstances to terminate your registration on this Website, and the exclusions and limitations which relate to Movie Mogul's liability (see conditions 2.4, 2.12 and 4 below). If you do not accept these Conditions, you are advised not to use this Website.

 

 

Definitions

 

In these Terms and Conditions, the following expressions shall have the following meanings:-

 

"Feature Film" a feature film project, being not less than seventy five (75) minutes in length;

 

"Film" means either a Short Feature project or a Feature Film or both as the context may allow;

 

"Film Maker" in respect of a Short Feature, an individual, or a limited company incorporated in England and Wales, and in respect of a Feature Film, a limited company incorporated in England and Wales, submitting a Film to the Website;

 

"Film Script" means an outline story, characters, subsidiary characters, plot themes, drawings, pictures, sketches, characters, locations, scenarios, and other literary dramatic and artistic material submitted by the Film Maker;

 

"Inappropriate Material": material that under the laws of any jurisdiction where the material can be accessed is or may be any of the following:- unlawful, threatening, abusive, harmful, malicious, obscene, pornographic, malicious, profane, libellous, defamatory, causes distress/offence or inconvenience, infringes in any way upon the rights of others including without limitation, Intellectual Property Rights, constitutes or encourages a criminal offence or contains a virus, worm, trojan horse or other harmful code;

 

"Intellectual Property Rights" all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, typography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world;

 

"Material": means text, graphics, images, sound, video or any combination thereof;

 

"Member" means any level of Membership;

 

"Membership" means membership of this Website;

 

"Membership Fee" the level of fee as set out on Getting Started which shall be determined by the level of Membership;

 

"Movie Mogul's Server": any computer server equipment operated from time to time by Us in connection with this Website;

 

"Relevant Legislation": such laws of England and Wales as relate to data protection and any laws of England and Wales governing Inappropriate Material;

 

"Revenue" the gross proceeds of sales of the Film received by Us less any deductions made by Us in respect of expenses, costs and taxes;

 

"Short Feature" means a short film project, being not more than (10) minutes in length;

 

"Service" means the provision rights and benefits allocated to the Member, dependent on their level of Membership, on the payment of the Membership Fee;

 

"User": a Member, Film Maker, member of the general public, or anyone the Member or Film Maker authorises to use this Website, as the context may allow;

 

"We" "Us" "Our" mean Movie Mogul Limited, (company number: 05235426) whose registered office is at Saint Line House, Mount Stuart Square, Cardiff Bay, Cardiff CF10 5LR;

 

"Web Server": a web server which delivers (serves up) web pages to Your computer; and

 

"You" "Your" means You the User of this Website.

 

Website Use

 

 

2. Use of this Website

 

2.1 Use of this Website and any services provided by it, shall be in accordance with these Conditions.

 

2.2 You must not post any Inappropriate Material through the Website. You must not post any Material or messages that are, in Our opinion, racist, homophobic, sexist, vulgar or otherwise. All Users must treat other Users with respect and abide by these Conditions.

 

2.3 You must not post or otherwise make available via this Website any Material which you do not own without the express permission of the owner of that Material.

 

2.4 We are not in any way responsible for the activities of any User or any other person (whether authorised or otherwise) in relation to any postings of any Material on this Website, for any representations they may make, nor any failure on their part. It is for You to satisfy yourself as to the suitability and usefulness of any Material and of the information generally available on this Website. We give no warranty or representation in relation to the adequacy, suitability or usefulness of any product or service which may be referred to on this Website. This condition 2.4 supersedes any warranties, representations or statements made, whether express or implied, written or oral, made or given by Us, Our employees, representatives, agents and any other person featured on this Website.

 

2.5 We agree to publish all postings and keep postings published for so long as We shall deem appropriate except:-

 

2.5.1 if We or any of Our employees, representatives, agents or advisers consider Your comments to be inappropriate or unpostable;

 

2.5.2 if you are in breach of these Conditions or if You are in breach of any other agreement between You and Us; or

 

2.5.3 if You choose to unpublish your comments (which you may do at any time).

 

2.6 If You wish to unpublish Your comments, please e-mail us. We will use Our reasonable endeavours to remove Your comments as soon as it may practicably do so in all the circumstances.

 

2.7 We reserve the right to monitor the use of the Forum and any e-mail communication between Users, Members and/or Film Makers to ensure lawful use, but we have no obligation to do so. We may operate a search facility within the Forum and the Website to identify postings containing key words to indicate Inappropriate Material contained within that posting. The judgement as to what is Inappropriate Material will rest with Us.

 

2.8 We reserve the right to access or provide access to the content of the Forum or communications between any User, Member or Film Maker via this Website, including private e-mail communication, to the courts, the police and similar authorities where We are required to do so, or where, in Our discretion, We consider that such disclosure is necessary.

 

2.9 We reserve the right to remove any Material or postings which is in breach of these Conditions.

 

2.10 The information You post will (subject to these Conditions) be made available to any person who has authorised and appropriate access to the Website. Due to the nature of the internet, it may also be viewed by any unauthorised person who gains access to the Website. You acknowledge that when posting Material You consent to the disclosure of that Material on the Website notwithstanding that You cannot control who has access to that Material via the Website. We encourage You to exercise caution before posting any Material. You are prohibited from using this Website and Forum to collect, store or otherwise process personal data about other Users or Members.

 

2.11 We shall not have any liability to You in respect of any postings, messages or Material posted by Members, Users or Film Makers on this Website.

 

2.12 You will not contact other Users through the Website using their email address or other contact details through the Website to advertise or promote any service or product. It is expressly prohibited for Users to solicit or attempt to entice other Users to join or become a member of any other commercial online website or other commercial entity via this Website.

 

2.13 We may change, delete from or add to these Conditions by giving you seven (7) days' notice by posting the amended Conditions on this Website. By continuing to use this Website after that period You will be deemed to have accepted the new Conditions.

 

2.14 Clause headings have been included in these Conditions for convenience only and shall not be considered part of, or by used in interpreting, these Conditions.

 

3 Indemnity

 

3.1 You hereby agree fully to indemnify, keep indemnified and hold harmless Us, Our employees, representatives, agents, sub-contractors and any of Our affiliated companies (if any) from and against any and all costs, claims, losses, damages or liability and expenses (including, but not limited to, legal fees) sustained or incurred by Us or Our employees, representatives, agents, sub-contractors and any of Our affiliated companies (if any) directly or indirectly as a result of any breach by You or any User or Your representative or any unauthorised user to whom You have supplied the password of any of these Conditions.

 

4 Limitation of Liability

 

4.1 Nothing under these Conditions limits Our liability for any fraudulent statement or for personal injury or death caused by Our negligence.

 

4.2 Our entire liability in respect of any tort, misrepresentation, breach of duty (statutory or otherwise) or breach of these Conditions by You or any other person (and whether or not by Our negligence) is excluded in its entirety to the fullest extent permitted by the law.

 

4.3 Without prejudice to the generality of the preceding condition, in no event will We be liable to You, any User or other representative for any indirect or consequential loss or damage whatever (without limitation for example loss of business, loss of opportunity, loss of profits, anticipated savings) nor any indirect loss or damage or for any loss or destruction of data.

 

4.4 We specifically exclude all liability of any kind in respect of any Material or postings on this Website which can be accessed by You and We are not responsible in any way for any goods (including software) or services provided by third parties advertised, sold or otherwise made available on or via this Website.

 

4.5 You agree and acknowledge that We are not liable for any posting placed anywhere on this Website that has been written by a User of this Website. You further acknowledge and agree that We are not responsible for and do not endorse such Material.

 

4.6 We are not liable under any circumstances for the acts or omissions of other providers of telecommunications or internet services for faults in or failure of their equipment.

 

4.7 We do not guarantee uninterrupted and/or reliable access to the Website, or any part of it, and We make no guarantee as to its operation, availability, functionality, or that it will be free from errors, disruption or inaccuracies.

 

4.8 You agree and acknowledge that We have no liability or responsibility for the storage or deletion of any Material that You submit, post or upload to this Website.

 

5 Suspension and termination

 

5.1 We shall retain the right at all times to refuse to publish any Material and to suspend availability of the Website and/or to remove any Material already appearing on the Website which in Our opinion:

 

5.1.1 constitutes, or would if posted, constitute Inappropriate Material;

 

5.1.2 breaches, or could if posted breach, Relevant Legislation or any other applicable regulations, standards or codes of practice (notwithstanding that compliance may not be compulsory); and/or

 

5.1.3 harms, or could if posted harm, the reputation of Us, Our employees, representatives, agents, sub-contractors, associate companies and any of its affiliated companies.

 

Our right to remove content under this condition 5.1 shall be without prejudice to Your sole responsibility for the content of such Material appearing on this Website.

 

5.2 We may at any time terminate your right to access this Website and cancel your password by notice to You (which may be in writing, oral or electronic) having immediate effect. Our right to suspend and terminate under this condition is in addition to and without prejudice to all Our other rights and remedies. We may, if We consider there is or is likely to be a breach of security, suspend this Website or access to any part thereof.

 

6 Links

 

6.1 You agree and acknowledge that:

 

6.1.1 We are not responsible for the content or availability of any third party website, and that We have not checked or reviewed such third party websites and Your access to such websites is at Your own risk;

 

6.1.2 We do not endorse, or give any undertaking to the content of and shall not be held responsible or liable for any content, Material, advertising, information, services or products on or available from such websites or Material; and

 

6.1.3 We are not responsible or liable for any dealings between You and third party advertisers or services found on or via this Website, including payment for and delivery of products and services and any other terms, conditions, warranties, or representations associated with such dealings between You and the relevant advertiser or merchant.

 

6.2 This disclaimer does not affect Your statutory rights against the third party seller.

 

7. Your warranties

 

7.1 You will provide and post to this Website from time to time only Material which is "server-ready" namely Material which requires no additional manipulation on the part of Us. We shall be under no obligation to validate such Material as not containing Inappropriate Material or for content, correctness, legality or usability.

 

7.2 You acknowledge and accept that You bear sole responsibility, legal and otherwise, for the content of all Material posted to the Website by You. For the avoidance of doubt, this condition shall apply to all Material, whether posted by or on behalf of You, whether by You or any User.

 

7.3 You warrant, represent and undertake in relation to all Material (including any Material which You request any User to post on this Website) that:

 

7.3.1 it is not Inappropriate Material;

 

7.3.2 the Material is not being posted by You in breach of any obligations of confidentiality; and

 

7.3.3 You either have sole ownership in all Intellectual Property Rights in such Material and/or have obtained full and effective licence(s) from all relevant third parties allowing You or a User acting on Your behalf to use the Material and to permit its dissemination.

 

7.4 You undertake:

 

7.4.1 fully to virus-check all data and Material to be posted to this Website; and

 

7.4.2 to keep secure from third parties who are not a User acting on Your behalf any passwords issued to You by Us in connection herewith and as a matter of urgency to inform Us if there is any reason to believe that the password has or is likely to become known to an unauthorised, person or organisation.

 

8. Copyright

 

8.1 You acknowledge that all copyright and other Intellectual Property Rights in www.moviemogulfilms.com is and shall remain Our property or the property of Our licensors, and You shall not by the virtue of these Conditions obtain or claim any right, title or interest in or to such copyright or Intellectual Property Rights except the limited rights of use granted under these Conditions. All rights not expressly granted under these Conditions are reserved.

 

8.2 You are permitted to use the Material or content of this Website only as expressly authorised by Us in writing by Us or our licensors and You may not and agree not to assist or facilitate any third party to copy, reproduce, transmit, distribute, commercially exploit or create derivative works of such material. If You become aware of any such activity as stated in this condition 8.2, You agree to notify Us immediately.

 

8.3 You acknowledge that by positing Material on the Website, You grant to Us and Our licensors and assigns an irrevocable, perpetual royalty free worldwide licence to use the Material within this Website and in any other manner. This licence extends to the copying, distributing, broadcasting, and otherwise transmitting, and adapting and editing Material.

 

8.4 Any Material or content transmitted to and/or uploaded to this Website shall not infringe the Intellectual Property Rights publicity/privacy right or other rights of any thirds party.

 

8.5 You acknowledge and accept that You shall fully indemnify Us in respect of any infringement of any Intellectual Property Rights of any third party and You shall be responsible for all third party sums paid or payable in respect of such use, including costs, claims, losses, damages or liability and expenses (including, but not limited to, legal fees) sustained or incurred by Us, or Our employees, representatives, agents, sub-contractors and any of Our affiliated companies directly or indirectly as a result of any breach by You under this condition 8.5.

 

 

9 Film Submissions

 

9.1 Film Makers may submit a Film Script to this Website. Any submission of a Film Script shall be subject to these Conditions.

 

9.2 We shall have absolute discretion as to the Films which we chose to develop and Our decision shall be final.

 

 

9.3 You confirm that the Film does not infringe any Intellectual Property Rights right of privacy, right of publicity or any other rights whatsoever of any person, and that the Film does not contain any Inappropriate Material.

 

9.4 You agree to indemnify Us in full in accordance with these Conditions in the event of a breach by You of this condition 9.3.

 

 

General

 

 

10 Data Protection

 

10.1 You acknowledge and agree that Your details including, where appropriate, that Your name, address and payment record may be submitted to a credit reference agency, and personal data will be processed by and on behalf of Us in connection with Our business.

 

10.2 You agree that, in relation to the information held from time to time, We may:

 

10.2.1 use the information to perform Our obligations and enforce rights under these Conditions; and

 

10.2.2 use the information to inform You about products or services which may be of interest to You.

 

10.3 You have the right to receive details of the personal information held by Us from time to time. A fee of £10.00 will be payable upon a request for such information.

 

10.4 For more detailed information on the use of Your data please refer to Our privacy policy.

 

11. Severance

 

11.1 If any term or provision of these Conditions or part thereof is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and the Conditions will continue to be valid to the fullest extent permitted by law.

 

11.2 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, that provision will apply with whatever modification is necessary to make it valid, enforceable and legal.

 

12 Assignment

 

12.1 Your rights and obligations under these Conditions are personal to You and You undertake that You shall not nor purport to assign, lease, charge, sub-license, or otherwise transfer such rights and obligations in whole or in part.

 

13 Force Majeure

 

13.1 We shall have no liability to You under these Conditions if We are prevented from or delayed in performing Our obligations under these Conditions or from carrying on Our business by acts, events, omissions or accidents beyond its reasonable control, including:

 

13.1.1 strikes, lock-outs or other industrial disputes (whether involving Our workforce or of any other party);

 

13.1.2 failure of a utility service or transport network;

 

13.1.3 an act of God, including, fire, flood, storm, subsidence, or any natural disaster, war, riot, terrorism or threat of terrorism, civil commotion, malicious damage;

 

13.1.4 compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, or default of suppliers or sub-contractors; and

 

13.1.5 impossibility of the use of public or private telecommunications networks, Web Servers and any other technology required to deliver the Service.

 

13.2 We shall not be liable for any loss suffered by You or be deemed to be in default for delays or failures in performance hereunder resulting from any act beyond the reasonable control of Us as specified in condition 13.1, and Our performance under these Conditions is deemed to be suspended for the entire period that the Force Majeure event continues.

 

14 Waiver

 

14.1 No failure or delay by Us to exercise any right or remedy provided under these Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

 

15 Third party rights

 

15.1 A person who is not a party to this agreement shall not have any rights under or in connection with it.

 

16 Entire Agreement

 

16.1 These Conditions constitute the entire agreement between Us and You relating to the use of this Website by You and save in respect of fraudulent statements these Conditions supersede all prior agreements, arrangements, understandings and representations (whether oral, written or otherwise) made by and between You and Us and each party acknowledges that it has not relied on any representation made by the other party unless such representation is expressly included herein.

 

17 Jurisdiction

 

17.1 These Conditions and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of England and Wales.

 

17.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Conditions or its subject matter.

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