Terms and Conditions
Last updated: 1 January 2012
Relating to www.filmeducation.org and all related web content
IMPORTANT! PLEASE READ CAREFULLY. THIS IS A CONTRACT. BY USING THIS WEBSITE, YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT.
If you disagree with any of the Terms that follow or do not agree to be bound by all such Terms, do not use this Website.
If you do not accept these terms and conditions you may not make any further use of the Website.
Primary Audience and Purpose of the Website
This Website is a service provided to teachers and other professionals involved in education in the United Kingdom. Its content and related services are intended solely for use in an educational context and should not be regarded as 'entertainment' or 'information' outside these parameters. Use for self-study by pupils and students is considered appropriate provided this is under a supervised programme of study offered by an official educational establishment (or similar body) in the UK.
Your Registration Obligations and Supervising Children
Certain aspects of the Service may require you to register and provide information about yourself. You agree to:
- Provide true, accurate, current and complete information about yourself as prompted by the relevant Registration Form (such information being the 'Registration Data') and
- Maintain and promptly update the Registration Data (by emailing us) to keep it true, accurate, current and complete.
Film Education is concerned about the safety and privacy of all its users, particularly children. For this reason, parents or teachers who wish to allow their children or pupils access to the Service should assist them in setting
up any relevant accounts and supervise their access to the Service. By allowing your child/pupils access to the Service, they may be able to access various services. It is therefore the responsibility of teachers, parents and
guardians to determine whether any of the Services and/or content is appropriate for your child or pupil.
This Website and all of the content it contains, or may in the future contain, such as articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, logos, domain names, trade names, service marks and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the 'Material') are owned by or licensed to Film Education or other third parties and are protected from unauthorised use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties. Film Education grants to you a personal, revocable, non-exclusive, non-transferable right to access and use the Website and one copy of selected materials that is made available to you (including without limitation games, video-clips, screensavers and wallpapers), for non-commercial use only, in accordance with these Terms and provided that you maintain all copyright and other Intellectual Property Rights proprietary notices contained in the Material.
UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS STRICTLY PROHIBITED.
You agree not to use the Material for any unlawful purposes and not to violate Film Education's rights or the rights of others.
You are advised that Film Education will aggressively enforce its rights to the fullest extent of the law. Film Education may add, change, discontinue, remove or suspend any of the Material at any time, without notice and without liability.
You hereby grant to Film Education a royalty free, perpetual license to use or treat any content that you post or submit to this Website (including, without limitation, any artwork, comments, video or audio material, postings or written content) ('Postings') throughout the world in any media as Film Education in its sole discretion sees fit. You hereby waive any so-called 'moral rights' you may have in and to any of your Postings. You represent that any Postings are original to you and do not infringe upon, misappropriate or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy or any other proprietary rights. You agree to execute any documents and take all steps that Film Education determines are necessary to affect the intentions of these Terms. You agree and understand that Film Education is not obligated to use any Postings you make to Film Education through the Website or otherwise and you have no right to compel such use.
Film Education does not accept unsolicited submissions or treatments for motion pictures, television programmes, websites or other products or services ('Submissions'). It is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by or on behalf of Film Education's staff might seem to others to be similar to their own creative ideas or materials. You must not make any such unsolicited Submissions to Film Education through this Website or otherwise. In the event that you do post Submissions via this Website, you acknowledge that, with respect to any claim you may have relating to or arising out of Film Education's actual or alleged exploitation or use of any Submissions, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the production, distribution, exhibition or other exploitation of any production based on or allegedly based on the Submissions, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
Forums, bulletin boards, chat rooms or other interactive areas that may be offered on the Website ('User Forums') are provided to give users a forum to express their opinions and share their ideas and information. Film Education does not monitor, endorse and is not responsible for the content of these messages or the views or opinions expressed by the users of the User Forums. Film Education reserves the right, but is not obligated, to delete, move or edit content, in whole or in part, submitted by you to the Website for any reason in Film Education's sole discretion.
Restrictions on Use
You may use this Website strictly for personal, non-commercial purposes only. It is forbidden to make any use of this Website, which is intended to promote and/or generate any revenue for you, your business, and any third party or the business of any third party. You agree not to do any of the following while using the Website, including any User Forum:
- Harass, stalk or otherwise abuse another user.
- Transmit, post, send, upload, distribute, submit or otherwise make available any content that is false, harmful, threatening, abusive, tortuous, defamatory, libelous, disparaging (including disparaging of Film Education), vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by Film Education in its sole discretion).
- Transmit, post, send, upload, distribute, submit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party.
- Transmit, post, send, upload, distribute, submit or otherwise make available any viruses, Trojan horses or other harmful, disruptive or destructive files or material that may interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications materials or equipment or this Website or that interferes with any third party's uninterrupted use and enjoyment of the Website.
- Impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Website or to Film Education, including forging any TCP/IP packet header or any part of the header information in any transmission to the Website for any reason.
- Transmit, post, send, upload, distribute, submit or otherwise make available through the Website any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas, if any, specifically designated for such purposes.
- Violate any applicable local, national or international law, rule or regulation.
- Collect, store and/or identify private or personal information of any user.
THIS WEBSITE AND ALL MATERIAL AND INTELLECTUAL PROPERTY CONTAINED ON IT ARE DISTRIBUTED 'AS IS' 'AS AVAILABLE' 'WITH ALL FAULTS' AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, WITHOUT LIMITATION AND TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTIES.
Film Education and its parents, affiliates, subsidiaries, licensors and assigns make no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on this Website and/or the Material. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by Film Education and its parents, affiliates, subsidiaries, licensors and assigns. Views and opinions of users of this Website do not necessarily state or reflect those of Film Education and its parents, affiliates, subsidiaries, licensors and assigns. Users are responsible for seeking the advice of professionals, as appropriate, regarding the information, opinions, advice or content available on this Website.
The Internet may be subject to breaches of security. Film Education and its parents, affiliates, subsidiaries, licensors and assigns are not responsible for any resulting damage to any user's computer from any such security breach, or from any virus, bugs, tampering, unauthorised intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before emailing Film Education any information. Film Education and its parents, affiliates, subsidiaries, licensors and assigns make no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of this Website. This Website may be temporarily unavailable due to maintenance or malfunction of computer equipment.
EXCLUSION OF LIABLITY
YOU AGREE THAT FILM EDUCATION AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE 'RELEASED PARTIES'), ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OR RESULTING IN ANY WAY FROM, OR IN CONNECTION WITH, THIS WEBSITE, THE USER FORUMS, THE MATERIAL, OR ANY ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OR THE MATERIAL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORISED ACCESS TO, THIS WEBSITE OR ITS RELATED INFORMATION OR PROGRAMMES.
NOTWITHSTANDING THE ABOVE, NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT THE LIABILITY OF THE RELEASED PARTIES IN RESPECT OF DEATH OR PERSONAL INJURY RESULTING FROM THE NEGLIGENCE OF ANY RELEASED PARTY OR FOR FRAUDULENT MISREPRESENTATION.
BY USING THIS WEBSITE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD FILM EDUCATION AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENCE, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL FEES, ARISING OUT OF OR RELATING TO ANY BREACH BY YOU OF THESE TERMS OR USE OF THIS WEBSITE BY YOU, UNDER YOUR MEMBERSHIP OR VIA ANY HARDWARE OWNED OR CONTROLLED BY YOU. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN FILM EDUCATION'S DEFENCE OF ANY CLAIM. FILM EDUCATION RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENCE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF FILM EDUCATION.
You may link to this Website from another webpage only in accordance with the following rules: Links must be to the home page of this Website and in plain text, unless otherwise approved in writing by an authorized representative of Film Education. Such link (in the opinion of Film Education) must not actually or potentially damage, dilute or tarnish the goodwill associated with Film Education or any of its business names, brands or intellectual property, or create the impression that your Website and/or organisation is sponsored, endorsed by, affiliated and/or associated with Film Education. You may not 'frame' this Website or alter its intellectual property or Material in any other way. You may not link to the Website from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise deemed inappropriate, as determined by Film Education in its sole discretion. Film Education reserves the right, in its sole discretion, to terminate a link with any Website for any reason and at any time. Film Education is not responsible for the content or performance of any portion of the Internet including other World Wide Websites to which this Website may be linked or from which this Website may be accessed. Users are requested to inform Film Education of any errors or inappropriate material found on Websites to which this Website is or may be linked.
This Website may contain competitions and/or promotions that are governed by a separate set of rules. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter such competition or promotion. By entering any such competitions or promotions, you agree to comply with and abide by such rules and the decisions of any sponsor(s) identified therein, which shall be final and binding in all respects.
Information about you
If you register with the Website, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the Website using your name in whole or in part. Film Education reserves the right to terminate membership and/or deny access to the Website to any person in its sole discretion for any reason or no reason at all.
Film Education operates this Website in the United Kingdom. Information contained on this Website may not be appropriate or available for use in other locations, and access to this Website from territories where the content of the Website may be illegal is prohibited. If you access this Website from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable local laws. These Terms shall be construed and enforced in accordance with the laws of England. You hereby consent and submit to the exclusive jurisdiction and venue of the courts located in England for any cause of action relating to or arising under these Terms or the Website.
Violations and Additional Policies
Film Education will determine your compliance with these Terms in its sole discretion and its decision shall be final and binding. Any violation of these Terms may result in restrictions on your access to all or part of the Website and may be referred to law enforcement authorities. No waiver of any of these Terms shall be of any force or effect unless made in writing and signed by a duly authorised officer of Film Education. Film Education reserves the right to modify or discontinue this Website, or any portion thereof (including User Forums) without notice to you or any third party.
Upon termination of your membership or access to the Website, or upon demand by Film Education, you must destroy all materials obtained from this Website and all related documentation and all copies and installations thereof. You are reminded that Film Education will aggressively enforce its rights to the fullest extent of the law.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. The section titles in these Terms are for your convenience only and do not have any legal or contractual effect.