Terms of use

(1) Introduction

These terms of use govern your use of our website; by using our website, you accept these terms of use in full. If you disagree with any part of these terms of use, do not use our website.

If you register with our website or upload any video material to the website, we will ask you to give your express agreement to these terms of use.

We will not file a copy of these terms of use specifically in relation to each user or registration and, if we update these terms of use, the version to which you originally agreed will no longer be available on our website.  For this reason, we recommend that you print and file a copy of these terms of use for future reference.

These terms of use are provided in the English language only.

(2) Intellectual property rights

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

(3) Use of website

You may view and download for caching purposes only pages from the website; and you may view the videos hosted on the website – in each case subject to the restrictions below. You must not:

(a) print material from the website;

(b) republish material from this website (including republication on another website);

(c) sell, rent or otherwise sub-license material on the website;

(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;

(e) edit or otherwise modify any material on the website (save as expressly permitted); or

(f) redistribute material from this website.

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website.

(4) Registration

Access to certain areas and functionality of our website is restricted to registered users.

We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.

If you wish to become a registered user, you must contact us directly (our contact details are set out at the end of these terms of use).  We reserve the right to determine in our sole discretion whether any person may become a registered user.

If we agree that you may become a registered user, we will send to you a password by email.

If we provide you with a password, you must ensure that that password is kept confidential. You accept responsibility for all activities that occur under your user ID.  We may disable your user ID and password at any time in our sole discretion.

Registered users will gain access to additional features on our website, which may include:

(a) a video upload and publication system (subject to payment of specified charges);

(b) a playlist creation and sharing facility;

(c) a voting facility;

(d) a Q&A facility;

(5) Suites and uploads

Registered users may from time to time purchase “suites” and additional upload capacity using the website interface.

In order to purchase a suite, you must select the appropriate package type, enter your billing address, VAT number and other details, and where necessary submitpayment.  Payment may be made online (via Worldpay) or by cheque or bank transfer.  Where payment is made online via Worldpay, you will have access to the package purchased promptly following receipt and verification of the payment.          Where payment is made by any other means, we will activate your package and notify you of activation promptly following receipt of the payment in cleared funds.

If you purchase a package, you will gain access to the benefits and services specified on our website in connection with that suite for a period of 1 year following activation of the package.

Registered users who have an active suite may purchase additional upload capacity (promotional clips of up to 3 minutes length, and longform programmes of up to 60 minutes length) at the relevant price specified on our website.  In order to do so, you must select the type of upload capacity required, enter your billing address, VAT number and other details, and submit payment. Payment may be made online (via Worldpay) or by cheque or bank transfer. Where payment is made online via Worldpay, you will have access to the upload capacity purchased promptly following receipt and verification of the payment.  Where payment is made by any other means, we will activate the upload capacity and notify you of activation promptly following receipt of the payment in cleared funds.

You will have the opportunity to identify and correct input errors prior to making any order using the website interface.

(6) Charges and payments

The charges will be as set out on our website from time to time.  All charges stated on the website are stated exclusive of VAT, unless the context requires otherwise.

We may vary charges from time to time by posting new charges on our website.  However, such variations will not affect suites and uploads that have already been paid for.

In future we may charge for access to areas of our website that are currently free-of-charge. You acknowledge that, should we choose to do so, you will no longer be able to access those areas of the site free-of-charge.

(7) Uploads

All the video clips and programmes that you upload to our website must be appropriate to our website and must be of a quality commensurate with the other uploads on our website.

Without prejudice to our other rights under these terms of use, we reserve the right to delete uploads that in our reasonable opinion breach these terms of use or that do not in our reasonable opinion meet any additional guidelines for submissions published on our website.  If we delete an upload on either basis, we will not refund any applicable charges.

All your uploads must comply with the provisions of Section 8 below.

(8) Your material

In respect of all video clips and programmes that you upload to our website, you grant to us a worldwide, non-exclusive, royalty-free licence to use, reproduce, publish and distribute such clips and programmes on the website at www.c21screenings.net (and on any successor website), together with the right to sub-license such rights.  In respect of all other material that you post on our website, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-license such rights.

You must not use our website to copy, publish or send material which is illegal or unlawful in any jurisdiction, or material which could give rise to legal action under English or any other applicable law, or which infringes any person's legal rights under any applicable law.

In particular, all material you copy, publish or send via our website must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any person’s intellectual property rights or rights of confidence, impinge upon any person’s privacy, or constitute incitement to commit a crime; further, material must not be misleading, deceptive, sexually explicit, threatening, abusive, harassing or menacing.

You must not use our website to copy, publish or send mass mailings or spam.

We reserve the right to edit or remove any material posted to our website or otherwise stored in our website database.

(9) Limitations of warranties

You acknowledge that some of the information published on this website is submitted by users, and that we do not systematically review, approve or edit such information.  Accordingly, we do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions.

(10) Limitation of liability

Nothing in these terms of use (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

Subject to this, our liability to you in relation to the use of our website or under or in connection with these terms of use, whether in contract, tort (including negligence) or otherwise, will be limited as follows:

(a) to the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature;

(b) we will not be liable for any consequential, indirect or special loss or damage;

(c) we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;

(d) we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control;

(e) our maximum liability in relation to any event or series of related events will be limited to the amount paid by you to us under these terms of use during the 12 month period immediately preceding the event or series of events.

You accept that we have an interest in limiting the personal liability of our officers and employees.  Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the website or these terms of use.  This will not, of course, limit or exclude the liability of the company itself for the acts and omissions of our officers and employees.

You agreed to the publication of comments relating to you and/or your products, by other users, on our website. You acknowledge that such comments may be critical or defamatory or may otherwise infringe your rights; and you agree that you will not hold us liable in respect of any such comments, irrespective of whether we are aware or ought to have been aware of such comments.

(11) Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use.

(12) Discontinuing service

We reserve the right to discontinue this website and its services at any time in our sole discretion with or without notice.

If you have paid for services on the website, and we discontinue the website during the anticipated period for provision of those services, we will refund to you such portion of your payment as we determine to be fair and reasonable.

Save as provided in this Section, you will not be entitled to any refund upon the discontinuance of our website services.

(13) Breaches of these terms of use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to the website;

(c) permanently prohibit you from accessing the website;

(d) block computers using your IP address from accessing the website;

(e) contact your internet services provider and request that they block your access to the website;

(f) bring court proceedings against you for breach of contract or otherwise;

(g) delete and/or edit any or all of the material you have posted to our website; and/or

(h) suspend and/or delete your account with the website.

Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

(14) Variation

We may revise these terms of use from time-to-time.  Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website.  Please check this page regularly to ensure you are familiar with the current version.

(15) Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.     

(16) Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

(17) Exclusion of third party rights

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party.  The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

(18) Entire agreement

These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

(19) Law and jurisdiction

These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use shall be subject to the exclusive jurisdiction of the courts of England.

(20) Our details

The full name of our company is C21Screenings Ltd.

We are registered in England & Wales under registration number 3397455. Our registered office is at 148-150 Curtain Road, London, United Kingdom EC2A 3AT.