- “Talent” means individuals who are uploading scripts and/or submitting other material and providing links for us to embed in the Site their audiovisual works and other material for review and comment. These individuals must be UK residents that live in the UK full time, not in full time education and must be aged 18 years old or older.
- “NETWORK Executives” means individuals who will review and comment on the material available on the Site. These are logged-in members of the BFI NETWORK team.
1. Availability and conditions of use
1.1 The Site is made available to you by us. Whilst we make every effort to ensure that the Site is available, we do not represent, warrant or guarantee in any way the Site’s continued availability at all times or uninterrupted use by you of the Site. We reserve the right to suspend or cease the operation of the Site from time to time at our sole discretion.
- 1.2 As a condition of your use of the Site, you agree:
- 1.2.1 not to use the Site for any purpose that is unlawful under applicable law, or prohibited by these terms and conditions; and
- 1.2.2 not to defame, disparage any body or behave in a manner which is obscene, derogatory or offensive; and
- 1.2.3 to be responsible for ensuring that your use of the Site is consistent with all applicable laws and regulations; and
- 1.2.4 not to upload a script or other literary material or embed a link to an audiovisual work which is defamatory, obscene, in breach of a third party’s intellectual property rights (including but not limited to copyright) or otherwise unlawful.
1.3 We reserve the right to prevent or suspend your access to the Site if you do not comply with any part of these terms and conditions or any applicable law.
2. Ownership, use and intellectual property rights
2.1 The Site and all content within the Site is owned and operated by us and/or our licensors. We and our licensors reserve all rights. You hereby grant us the right and licence to host on the Site your script or other literary material uploaded by you and authorise us to embed a link (supplied by you) to your audiovisual work or other material.
2.2 The Site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, revise, perform, reproduce, publish, license, deep-link, create derivative works from, transfer, or sell any information or content obtained from the Site unless expressly authorised by us.
2.3 Any intellectual property rights (including without limitation all patents, copyright, database rights and trademarks (whether registered or unregistered)) subsisting in any BFI NETWORK content or material on the Site belongs to us and/or our licensors. All rights are reserved for the benefit of ourselves and/or our licensors. Nothing in these terms and conditions grants you any rights in the Site or the content within the Site. All intellectual property rights in material uploaded by you or linked to via embedding belong to you, all rights are reserved to you and you grant us no rights except as detailed in these terms and conditions.
2.4 The use or misuse of any trademarks or any other content on the Site except as provided in these terms and conditions or in the Site content, is strictly prohibited. Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark without our prior written permission except as detailed in clause 2.5 below.
2.5 NETWORK Executives are granted the right and license to publish information about their activities on the Site. NETWORK Executives hereby grant us the right and license to host and display all material they post on the Site.
2.6 Talent are granted the right and license to publish their profile on the Site and include certain hyperlink(s) to their online channels such as their official website and official social media pages. Talent hereby grant us the right and license to host and display all material they post on the Site.
3.1 Any software that is made available for downloading from the Site is our copyrighted work and/or that of our licensors.
3.2 You may only use such software in accordance with the terms of the end user license agreement, if any, which accompanies or is included with the software. You are authorised and will not be able to install any software unless you agree to be bound by the end user license agreement.
3.3 The software is made available for downloading solely for your use in a non-commercial manner. Any reproduction or redistribution of the software not in accordance with the end user license agreement is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
3.4 The software is warranted, if at all, only according to the terms of the end user licence agreement. Except for the warranties which may appear in the end user licence agreement, we hereby disclaim all warranties, conditions and other terms (whether express or implied) with regard to the software, including all implied warranties and conditions of satisfactory quality and fitness for a particular purpose.
4. Posting of information
4.1. Although we reserve the right to monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the Site from time to time, we are under no obligation to do so and assume no responsibility or liability arising from any content posted on any of these functionalities nor for any error, omission, infringement, defamatory statement, obscenity, or inaccuracy contained in any such information on such functionalities. We shall have the right at any time and for any reason to remove any communication or material posted on the Site.
4.2 We do not guarantee that a NETWORK Executive will comment on your work.
4.3 If you object to the publication of any material placed on the Site please let the BFI know by emailing firstname.lastname@example.org.
5.1 By submitting work to the Postroom, you agree to being considered for a potential Lottery funding award of up to £10,000 for the production of a new short film. If you are selected for this opportunity, the BFI will ask you to submit a funding proposal and you may choose to opt out of being considered for an award at this point.
6.1 While we use reasonable efforts to include accurate and up-to-date information on the Site, we do not represent, warrant or promise (whether express or implied) that any information is or remains accurate, complete and up to date, or fit or suitable for any purpose. Any reliance you place on the information on the Site is at your own risk. Nothing in these terms and conditions shall operate to prejudice any mandatory statutory requirement or your statutory rights.
6.2 Content on the Site is provided for your general information purposes. It does not constitute technical, financial, legal advice or any other type of advice and should not be relied on for any purposes.
6.3 This Site contains third party material within the Talent profiles and information provided by NETWORK Executives and we do not represent, warrant or promise (whether express or implied) that any such information is or remains accurate, complete and up to date, or fit or suitable for any purpose. Any reliance you place on the information on the Site is at your own risk. Nothing in these terms and conditions shall operate to prejudice any mandatory statutory requirement or your statutory rights.
6.4 Scripts and other literary material are uploaded to the Site at the Talent’s own risk and we accept no responsibility for any copyright infringement which results from such uploading. Links provided to embedded audiovisual material are provided at the Talent’s own risk and we accept no responsibility for any copyright infringement which results from the provision of such links.
7. Hyperlinks and third party sites
7.1 The Site may contain hyperlinks or references to external third party websites. Any such hyperlinks or reference is provided for your convenience only. We have no control over third party websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not constitute an endorsement of such third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
8. Warranties and limitation of liability
8.1 You agree that your use of the Site is on an ‘as is’ and ‘as available’ basis. Consequently we make no representations, warranties, conditions or other terms (whether express or implied) in relation to the provision of the Site, including without limitation as to completeness, accuracy and currency or any content and information on the Site, or as to satisfactory quality, or fitness for particular purpose.
8.2 To the maximum extent permitted by applicable law, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of:
- 8.2.1 any error or inaccuracies in any information or material within or relating to the Site;
- 8.2.2 the unavailability of the Site for whatsoever reason; and
- 8.2.3 any representation or statement made on the Site.
8.3 Under no circumstances shall we be liable to you for any loss or damage suffered (including without limitation direct or indirect losses) arising from your use of, or reliance on, the Site (including the downloading or any software, program or information, attendance at events advertised or equipment borrowed or donated).
8.4 We do not exclude or limit our liability for death or personal injury arising from our negligence, for any fraudulent misrepresentation made by us on the Site or for any other statutory rights which are not capable of being excluded.
9.1 If you are in breach of any of these terms and conditions, you agree to indemnify and hold us harmless in respect of any costs, expenses, claims, proceedings, actions, losses, damages or liabilities incurred by us in relation to or arising from such a breach.
10.1 We reserve the right to vary these terms and conditions from time to time without notifying you. By continuing to use and access the Site you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations.
10.2 These terms and conditions contains the entire understanding and agreement between us and you in relation to your use of the Site and supersedes and replaces any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein.
10.3 Should any part of these terms and conditions for any reason be declared invalid or unenforceable by a court of a competent jurisdiction, it shall be deemed to be deleted without affecting the remaining provisions.
10.4 These terms and conditions are governed and construed in accordance with the laws of England and Wales and you consent to the exclusive jurisdiction of the courts of England and Wales.
Last updated 27 March 2017.