INTRODUCTION
These terms of use (the “Terms of Use”) (together with the privacy policy referred to below) set out the way in which you may use the website of Entertainment Films Distributors Ltd. (“EFD”) at www.entertainmentfilms.co.uk and any related domains (the “Site”), whether as a visitor to the Site or as a registered user. Please read these terms of use carefully before you start to use the Site. By using the Site, you accept these terms of use and agree to abide by them. If you do not agree to these terms of use, please refrain from using the Site.
We may, at our sole discretion, make changes to these terms of use at any time. If we do this, we will post the changes on this page. In certain circumstances, we may, but are not obliged to, send an email to registered users notifying them of the change. You should, however, check this page from time to time to take notice of any changes.
If you find any change to these terms of use unacceptable, you should stop using the Site immediately. If you continue to use the Site following a new set of terms being posted on the Site, you will be deemed to have accepted such new terms of use, regardless of whether you have been notified of such changes of terms.
ACCESSING THE SITE
Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide on the Site without notice. We will not be liable if, for any reason, the Site is unavailable at any time or for any period.
By registering as a user on the Site, you represent and warrant that you have the capacity to understand, agree to and comply with these terms of use. If you are under 15 years old, you should make sure that a parent or guardian of yours has read this policy and the terms and conditions of registering on the Site. You should read this policy and the terms and conditions carefully together with a parent or guardian before getting them to tick the boxes for you to (a) register as a user and (b) be able to receive your newsletters and updates from EFD (should you wish to).
From time to time, we may restrict access to some parts of the Site, or the entire Site.
You are responsible for making all arrangements necessary for you to have access to the Site and any charges associated with such access. We shall not be responsible for any connection or access to the Site by you, or the quality of the transmission of any information passing between you and the Site.
The Site is maintained, controlled and operated by us from the United Kingdom and we make no representation that any of the content on it is appropriate or available for use in other territories. If you use the Site from outside the United Kingdom, you are responsible for compliance with all applicable local laws and regulations.
NON-REGISTERED USERS
As a non-registered user, you will only have access to certain parts of the Site. You will not be entitled to other benefits of a registered user, such as the opportunity to receive newsletters and updates from EFD relating to any film releases and certain promotions and special offers that it may run and to enter into any competitions that are sponsored by EFD (or third parties, as may be the case) and available via the Site. You must register as a user if you want to take advantage of these services.
REGISTERED USERS
You will be required to provide information about yourself when you register. This information must be true, accurate and complete for you to become a registered user. If you have ticked the relevant box in the registration process to confirm your approval for us to do so, you will also receive newsletters and updates from EFD to the email address that you have provided. You can unsubscribe to this newsletter at any time by following the process set out in clause 11.3 below. You may also, at your discretion, provide certain additional information, such as film preferences in order to become a member of EFD’s “film club” (“Film Club”). Members of Film Club may be offered the opportunity by EFD, at its discretion, to attend pre-release screenings on a new film release (the “Screenings”). The availability of seats for such Screenings shall be at EFD’s discretion and may be restricted and on a first-come-first-served basis You are solely responsible for all acts or omissions that occur on your registered account. For this reason, you should make sure that you keep your password secure.
CONTENT STANDARDS
You agree NOT to:
use the Site for any unlawful purposes. You must comply at all times with these terms of use and with all applicable laws and regulations;
use this Site in any manner other than for personal, non-commercial purposes only. It is forbidden to access and make any use of the Site which is intended to promote and/or generate any revenue for you, your business, any third party or the business of any third party (including advertising or selling any goods or services).
impersonate another person or create a false or misleading identity for the purpose of misleading others as to your identity, or to collect information about other users;
copy, adapt, alter or create a derivative work from any content on the Site;
interfere with another user’s use and enjoyment of the Site or use the Site in any other manner that could damage, disable, overburden or impair the Site.
Unauthorized use, copying, reproduction, modification, publication, republication, uploading, framing, downloading, posting, transmitting, distributing, duplicating or any other misuse of the Site or any of the material on the Site is strictly prohibited.
INDEMNITY
You agree to indemnify and keep us and any of our officers, directors, employees, agents, representatives, licensors, licensees, suppliers and operational service providers fully and effectively indemnified from and against any and all claims, actions, proceedings, demands, damages (actual and consequential), losses, liabilities, costs and expenses (including reasonable solicitor’s fees) suffered or reasonably incurred by us as a result of, or in connection with, your access to and use of the Site or conduct other than in accordance with these terms of use or any applicable law or regulation.
PRIVACY POLICY
We process information about you in accordance with our privacy policy at www.entertainmentfilms.co.uk/privacy-policy (the “Privacy Policy”). You must read and accept the terms of our Privacy Policy before using the Site. By using the Site and by ticking the box in the registration process to confirm your acceptance of the Terms of Use, you accept and acknowledge the terms of the Privacy Policy also, you consent to such processing and you warrant that all data provided by you is accurate.
LINKS AND THIRD PARTY ADVERTISEMENTS
The Site may contain links to other sites, resources and purchase opportunities provided by third parties. These links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them including but not limited to the third party site’s compliance with the Data Protection Act 1998, Consumer Protection (Distance Selling) Regulations 2000, Electronic Commerce (EC Directive) Regulations 2002, British Codes of Advertising and Sales Promotion and/or any equivalent legislation in the relevant jurisdiction.
Third party advertisers may offer goods, services and other materials to you on the Site. Your correspondence and business dealings with others found on or through the Site including, without limitation, the payment and delivery of products and services, the delivery of videos, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the relevant advertiser. You agree that EFD will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such products, services, and other content on the Site. Descriptions of, or references to, products, services or publications within the Site do not imply endorsement of that product, service or publication.
LINKING TO OUR SITE
You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
The appearance of (i) any external hyperlinks generated by third parties on the Site; and (ii) any links on third party websites to the Site, do not constitute endorsement by EFD of the opinions or views expressed by these third party websites and EFD does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at these sites.
Furthermore, EFD is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, EFD will not be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. EFD will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites.
You must not frame any portion or pages of the Site on any other site. We reserve the right to withdraw linking permission without notice. If you wish to make any use of material on the Site other than that set out above, please address your request to info@entertainmentfilms.co.uk
PROMOTIONS
The Site 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.
TERMINATION OF USE
We reserve the right in our sole discretion at any time without liability and with or without prior notice to you:
To suspend or revoke your registration (where applicable) and your right to access and/or use the Site; and to use any technological, legal, operational or other means available to enforce these terms of use, including (without limitation) blocking specific IP addresses or deactivating your registration and/or user name and password (where applicable).
You can unsubscribe from the newsletter (and receive no further information from us) by following the process set out here www.entertainmentfilms.co.uk/unsubscribe_newsletter . Once your subscription is terminated, we will remove you from the newsletter subscription list. You will still be able to access the Site as a registered user, enter any future competitions and re-subscribe to our newsletter.
The following sections shall survive any termination of your membership- Sections 5, 6, 12, 13 and 14.
INTELLECTUAL PROPERTY
All information, data, text, graphics, logos, designs, documents, images, pictures, photographs, videos, screensavesrs, wallpapers software, interactive features, advertisements or other content, services or materials (or any part of them) on the Site are protected by copyright, trade marks, database rights and other intellectual property rights (whether registered or unregistered and including applications for the grant of any such rights) and are owned by or licensed to EFD or are otherwise used by us as permitted by applicable law or regulation. Nothing contained in these terms of use shall be construed as conferring by implication, estoppel or otherwise, any licence or right for you to use the same other than as permitted in these terms of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The Site is provided "as is" and on an "as available" basis. You use the Site at your own risk. The content displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site and its content and any websites linked to it, including, without limitation any liability for:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable hether arising directly or indirectly.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation.
We do not warrant that the Site will be uninterrupted or error free, that defects will be corrected or that the Site or the server that makes it available are free of viruses or bugs.
EFD and its parents, affiliates, subsidiaries, licensors and assigns are not responsible for any resulting damage to any user's computer from any security breach, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction that may occur in connection with such user’s use of the Site.
GENERAL
If, for any reason, any of these terms are determined to be illegal, invalid or otherwise unenforceable by a court of competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms of use and the remaining terms of use shall survive, remain in full force and effect and continue to be binding and enforceable.
No failure or delay by us in exercising any right, power or privilege under these terms of use shall operate as a waiver of such right or acceptance of any variation of these terms of use and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.
These terms of use set out the entire agreement and understanding between us and you and supersedes all previous agreements, representations and arrangements between us (either oral or written). Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.
Except for EFD’s affiliates, who are express and intended third party beneficiaries of these terms of use and may enforce any of its terms and exercise any of the rights to the same extent as EFD, nothing in this Agreement shall confer or purport to confer on any other third party, any benefit or the right to enforce any term of this Agreement and The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms of use.
These terms of use are governed by English law and the English courts will have exclusive jurisdiction over any claim arising from, or related to these terms of use and/or a visit to the Site.
We expressly disclaim any and all responsibility and liability for the conduct of any other user of the Site.
ABOUT US
www.entertainmentfilms.co.uk is a site owned and operated by EFD.
We are registered in England and Wales under company number 01338296.
Our registered office is at Eagle House 108-110, Jermyn Street, London SW1Y 6HB.