Terms & Conditions

Terms and conditions of use

  1. Introduction

1.1    These terms and conditions shall govern your use of our website.

1.2    By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3    If you register with our website, submit any material to our website or use any of our website services, we will ask you to agree to these terms and conditions.

  1. Copyright notice

2.1    Copyright (c) 2017 Greengage Business Communications Ltd trading as Moving Image.

2.2    Subject to the express provisions of these terms and conditions:

(a)    we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b)    all the copyright and other intellectual property rights in our website and the material on our website are reserved.

  1. Licence to use website

3.1    You may:

(a)    view pages from our website in a web browser;

(b)    download pages from our website for caching in a web browser;

(c)    print pages from our website;

(d)    stream audio and video files from our website; and

(e)    use our website services by means of a web browser,

subject to the other provisions of these terms and conditions.

3.2    Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.3    Unless you own or control the relevant rights in the material, you must not:

(a)    republish material from our website (including republication on another website);

(b)    sell, rent or sub-license material from our website;

(c)    show any material from our website in public;

(d)    exploit material from our website for a commercial purpose; or

(e)    redistribute material from our website.

3.4    Notwithstanding Section 3.5, you may redistribute hyperlinks to our website in print and electronic form to any person.

3.5    We reserve the right to restrict access to areas of our website, or our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

  1. Acceptable use

4.1    You must not:

(a)    use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b)    use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)    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;

(d)    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;

(e)    access or otherwise interact with our website using any robot, spider or other automated means[, except for the purpose of search engine indexing;

(g)   use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

  1. Use on behalf of organisation

5.1    If you use our website or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:

(a)    yourself; and

(b)    the person, company or other legal entity that operates that business or organisational project,

to these terms and conditions, and in these circumstances references to “you” in these terms and conditions are to both the individual user and the relevant person, company or legal entity.

  1. Registration and accounts

6.1    You must not allow any other person to use your account to access the website. You must notify us in writing immediately if you become aware of any unauthorised use of your account.

6.2    You must not use any other person’s account to access the website.

  1. User login details

7.1    If you register for an account with our website, you will be asked to choose a user ID and password. You must keep your password confidential.

  1. Cancellation and suspension of account

8.1    We may:

(a)    suspend your account;

(b)    cancel your account; and/or

(c)    edit your account details,

at any time in our sole discretion, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, we will refund to you a pro rata amount of your payment, such amount to be calculated by us using any reasonable methodology.

  1. Reviews

9.1    We may publish reviews of projects, campaigns, products and services on our website.

9.2    Reviewers are or may be independent from us; accordingly, reviews published on our website do not necessarily reflect our views and opinions.

9.3    Subject to Section 18.1, we will not be liable to you for any loss or damage arising from any reliance you may place on any review published on the website.

  1. Directory

10.1  We welcome submissions to the directory published on our website in addition to our own submissions.

10.2  Each submission to our directory must be a listing in respect of a services or products for branded video or corporate film.

10.3  For the avoidance of doubt, your directory submissions constitute “your content” for the purposes of Section 15 and Section 16, and must comply with the acceptable use rules set out in Section 4.

  1. Free directory listings

11.1  You may submit a free listing to our directory by clicking here.

11.2  If we accept your free directory listing submission, it will remain published on our website indefinitely unless replaced by a paid directory listing, subject to termination or deletion in accordance with these terms and conditions.

11.3  We may delete a free directory listing at any time, with or without notice to you.

  1. Paid directory listings

12.1  You may submit a paid listing to our directory by clicking here.

12.2  If we accept a paid directory submission, it will remain published on our website for a minimum period of 1 year, subject to termination or deletion in accordance with these terms and conditions.

  1. Advertisements

13.1  We welcome the submission of advertisements to our website. You may submit an ad by clicking here.

13.2  You will have the opportunity to identify and correct input errors prior to publishing your advertisement.

13.3  Advertisements submitted to our website must not be for any product, service or other subject matter that:

(a)    breaches any laws, regulations or codes;

(b)    infringes any third party intellectual property rights or other legal rights; or

(c)    may give rise to a cause of action against any person,

in each case in any jurisdiction and under any applicable law.

13.4  Your advertisements must comply with the requirements of Section 4 and Section 16.

13.5  You grant to us a worldwide, non-exclusive, royalty-free licence to publish your advertisements on our website, and to copy, alter and store your advertisements in connection with their publication on our website, together with the right to sub-license these rights.

13.6  Without prejudice to our other rights under these terms and conditions, we reserve the rights to reject, unpublish or delete advertisements that breach these terms and conditions or that do not meet any additional guidelines for submissions published on our website. If we reject, unpublish or delete an advertisement in accordance with this Section 16.12, we will not refund any applicable listing fees.

  1. Fees

14.1  The fees in respect of our website services will be as set out on the website from time to time.

14.2  All amounts stated in these terms and conditions or on our website are subject to VAT as shown in our prices.

14.3  You must pay to us the fees in respect of our website services in advance, in cleared funds, in accordance with any instructions on our website.

14.4  We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.

14.5  If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you. We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.

  1. Your content: licence

15.1  In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

15.2  You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to reproduce, store and, with your specific consent, publish your content on and in relation to this website.

15.3  You grant to us the right to sub-license the rights licensed under Section 15.2.

15.4  You grant to us the right to bring an action for infringement of the rights licensed under Section 15.2.

15.5  Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

  1. Your content: rules

16.1  You warrant and represent that your content will comply with these terms and conditions.

16.2  Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

16.3  You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.

  1. Report abuse

17.1  If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know by clicking here.

  1. Limited warranties

18.1  To the maximum extent permitted by applicable law and subject to Section 19.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

  1. Limitations and exclusions of liability

19.1  Nothing in these terms and conditions will:

(a)    limit or exclude any liability for death or personal injury resulting from negligence;

(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)    exclude any liabilities that may not be excluded under applicable law.

19.2  The limitations and exclusions of liability set out in this Section 19 and elsewhere in these terms and conditions:

(a)    are subject to Section 19.1; and

(b)    govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

19.3  To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

19.4  We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

19.5  We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

19.6  We will not be liable to you in respect of any special, indirect or consequential loss or damage.

  1. Breaches of these terms and conditions

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

(a)    send you one or more formal warnings;

(b)    temporarily suspend your access to our website;

(c)    permanently prohibit you from accessing our website; and/or

(d)    [suspend or delete your account on our website].

  1. Third party websites

20.1  Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

20.2  We have no control over third party websites and their contents, and subject to Section 19.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

  1. Trade marks

21.1  Our logos and our other trade marks belong to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

21.2  The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

  1. Variation

22.1  We may revise these terms and conditions from time to time.

22.2  The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

  1. Assignment

23.1  You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

23.2  You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

  1. Severability

24.1  If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

24.2  If any unlawful and/or unenforceable provision of these terms and conditions 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.

  1. Entire agreement

25.1  Subject to Section 19.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

  1. Law and jurisdiction

26.1  These terms and conditions shall be governed by and construed in accordance with English law.

26.2  Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

  1. Statutory and regulatory disclosures

27.1  We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

27.2  These terms and conditions are available in the English language only.

  1. Our details

28.1  This website is owned and operated by Greengage Business Communications Ltd trading as Moving Image.

28.2  We are registered in England and Wales under registration number 9786575, and our registered office is at 163 Herne Hill, London, United Kingdom, SE24 9LR.