Terms and Conditions
TERMS AND CONDITIONS OF USE OF THE MOVIE MOGUL FILMS WEBSITE
THIS IS AN IMPORTANT LEGAL NOTICE - PLEASE READ BEFORE ACCESSING
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.
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
"Material": means text, graphics, images, sound, video or any
"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
"Revenue" the gross proceeds of sales of the Film received by Us
less any deductions made by Us in respect of expenses, costs and
"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.
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
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
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
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
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.
3.1 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
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
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
5.1.1 constitutes, or would if posted, constitute Inappropriate
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.
6.1 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
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
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.
8.1 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
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
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
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
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
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.
12.1 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,
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.
14.1 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.
17.1 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.