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General
- Welcome to the website of Longhorn Films Limited, a company
registered in England and Wales (company number 5354568)
who is the owner and operator of www.screenkarma.com.
These terms and conditions (the "User Terms") apply to your
use of the Screenkarma Website (the "Website"). References
to "we", "us", "our" or the "Website" are references to
Longhorn Films Limited, our subsidiaries, successors, assigns,
licensees and affiliates.
- Your access to and use of the Website is subject to the
following terms and conditions and all applicable laws.
By accessing and browsing the Website, you accept without
limitation or qualification the User Terms. If you do not
agree to them, please EXIT THE WEBSITE IMMEDIATELY. We reserve
the right to terminate access in the event of unauthorised
access or use of an account, or breach (in our opinion)
of the User Terms.
- Your continued use of the Website legally obliges you
to adhere to the User Terms and any other legal notices,
guidelines and rules published by us on the Website from
time to time (which are hereby incorporated by reference
into these User Terms) and constitute a legally binding
contract between you and us. We reserve the right, from
time to time, with or without notice to you, to change the
User Terms at our sole discretion. The User Terms applicable
to your access to and use of the Website will be the version
that is current and displayed on the Website as at each
date you access the Website. Your use of the Website after
changes are made means that you agree to be bound by such
changes.
- We respect the privacy concerns of the Website users
and future viewers. For information concerning the collection
and use of information by us, please refer to our Privacy
Policy.
- PLEASE NOTE: These Terms of Use apply to all users of
the Website, including those who contribute content, information,
Submitted Material and other materials or services on the
Website. The Website may contain links to third party websites
that are not owned or controlled by us. We have no control
over, and assume no responsibility for the content, privacy
policies, or practices of any third party websites. You
hereby expressly relieve us from any and all liability arising
from your use of any third-party website. We urge you to
read the terms and conditions and privacy policy of each
other website that you visit.
- PLEASE NOTE: Some content may not be appropriate for
all ages. For this reason, parents who wish to allow their
children access to the Website should ensure that they supervise
their children's access to the Website. It is therefore
your sole responsibility to decide whether the Website and
Website content is appropriate viewing for your children.
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Questions and Complaints
If you have any questions or complaints relating to your use
of the Website, or to the User Terms, please contact us in any
of the following ways:
email us at contactus@screenkarma.com
write to us at:
Contact Us
c/o: Longhorn Films Ltd.
11 Alleyns Rd.
Stevenage, Herts. SG1 3PG
UK
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Website Use
- The copyright in the Website and the contents of this
Website is owned by or licensed to us, and all trade marks
and all other intellectual property rights in and relating
to the Website are owned by or licensed to us unless otherwise
specified. Please note that the Website is protected by
all intellectual property and related law, including without
limitation, passing off, and it is our policy to robustly
protect our rights by any and all means available to us
including criminal and civil action against those who infringe
our rights.
- You understand and agree that the copyright and other
intellectual property rights in a large proportion of the
content of the Website including but not limited to trademarks,
is owned by third party licensors and without prejudice
to any and all other rights and remedies available, each
licensor has the right to directly enforce their rights
against you. For the avoidance of doubt all content, trade
marks, logos, images, product and company names displayed
or referred to on the Website are the property of their
respective owners. Nothing on the Website grants you any
license or right to use, alter or remove such material.
- If you are a rights-owner or an agent acting for a rights-owner
and you believe that any of your intellectual property rights
or other rights have been infringed by any material made
available on the Website and you want us to remove such
material or to suspend or disable access to it, please notify
us as soon as possible with details of any such alleged
infringement at the following postal or email address:
| Longhorn Films Limited. |
| ADDRESS: |
Longhorn Films Ltd. |
| 11 Alleyns Rd. |
| Stevenage, Herts. SG1 3PG |
| UK |
Please include the following information:
- a description of the material or rights that have
been infringed and are to be removed or disabled with
a statement signed by you that you believe in good faith
that such material or rights have been used on the Website
without the authorization of the rights owner or rights
owners agent and that you are the rights owner or authorized
to act on the rights owners behalf.
- your contact details
- We hereby grant you, the user, a non-transferable, non-exclusive,
limited licence, revocable at our sole discretion, to use
the Website pursuant to the User Terms provided that
- such use is for your sole personal and non commercial
use,
- you do not alter or modify the Website or any part
of it,
- you do not, without limitation, copy, reproduce,
distribute, republish, download, display, post, email
or transmit the contents of the Website or the Website
in whole or in part in any form or by any means without
our prior written consent, and
- you at all times comply with the Terms of Use.
- You may print or download the visible text of an individual
page for private and personal non-commercial use only, but
you may not make more than one copy of such text electronically
or otherwise. You may not reproduce any other part of the
Website, including but not limited to the structure, overall
style and program code.
- If you would like to apply for permission to distribute
or reproduce any part of the contents of the Website other
than as permitted in these User Terms please email us at
contactus@screenkarma.com
- In order to access some features of the Website, you
will have to create an account. When creating your account,
you must provide truthful, accurate and complete information.
You are solely responsible for the activity that occurs
on your account.
- In order to access some features of the Website, you
will have to create an account. When creating your account,
you must provide truthful, accurate and complete information.
You are solely responsible for the activity that occurs
on your account.
- It is your sole responsibility to maintain and keep confidential
and secure details of your account and password and to restrict
access to your computer. You must notify us immediately
of any breach of security or unauthorized use of your account.
We will not be liable for your losses caused by any unauthorized
use of your account and you may be liable for our losses
or the losses of others due to such unauthorized use.
- You may never use any other account without the account
holders express permission. In order to provide you with
an easy-to-use service, we will place a 'cookie' (a small
text file) on any computer you use to access the Website.
When you revisit the Website, this cookie will enable us
to recognise you as the account holder and provide you with
direct access to your account without requiring you to retype
any password or other user identification.
- You agree not to collect any personally identifiable
information, including account names, from the Website,
nor to use the communication systems provided by the Website
for any commercial solicitation purposes. You agree not
to solicit, for commercial purposes, any users of the Website
with respect to their Submitted Material.
- You undertake not to do any act or induce others to do
any act designed to interrupt, harm, damage, destroy or
limit the functionality of any computer software or hardware
or equipment linked directly or indirectly with the Website.
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Material Submitted by You ("Submitted
Material")
- You confirm that you are over 18 and that you are the
owner of the rights in the Submitted Material. If you are
under 18 you must ensure that a parent or guardian submits
the Submitted Material on your behalf and agrees to the
following terms on your behalf.
- By submitting any Submitted Material to us and in consideration
of the exploitation opportunities set out in these User
Terms, you agree that the following will apply unless otherwise
agreed between you and us in writing:
- You hereby grant to us a non-exclusive, worldwide, royalty
free license to exploit, adapt, prepare derivative works,
publicly display, publicly perform, distribute, reproduce
and broadcast the Submitted Material in any media including
the Website and internet and mobile phones and any of our
authorised online and offline receiving and playback devices
that are accessible from the nominated "site" by any means
and/or form of transmission and mobile phone communication
technology whatsoever in existence now and hereafter developed.
The license you grant us will terminate when the Submitted
Material is removed from the Website.
- You hereby grant to each user of the Website a non-exclusive
licence to access your Submitted Material through the Website
and to use such Submitted Material as permitted through
the functionality of the Website and under these User Terms.
- You also hereby grant to us a non-exclusive, worldwide,
royalty free licence to use excerpts of the Submitted Material
and any authorised biographical information and photographic
images for advertising and promotional purposes, including
without limitation, the right of public display, public
performance, reproduction and distribution in any manner
form or media, online or offline.
- You warrant and represent to us that you are the sole
unencumbered absolute legal and beneficial owner for the
full period of copyright and all renewals thereof throughout
the world of all rights of copyright and all other rights
in the Submitted Material and that you are free to submit
the Submitted Material on the terms set out in these User
Terms and that you are not impersonating any other person;
- You warrant that you have obtained all consents and releases
required from third parties in respect of the Submitted
Material including but not limited to performers, interviewee’s,
contributors, writers, produces, directors, musicians, composers,
owners of the publishing and sound recording rights and
location owners.
- You warrant and represent to us that the Submitted Material
does not and shall not infringe any copyright, trade mark,
design right, moral rights, right of privacy, right of publicity
or any other rights of any other nature of any person and
the use by us of the rights as licensed in respect of the
Submitted Material will not violate or infringe any rights
of any third party nor will such use give rise to any third
party payments by us;
- You warrant and represent that the Submitted Material
or any part of it is not obscene, offensive, threatening,
pornographic, harassing, hateful, racially or ethnically
offensive, defamatory of any person or otherwise illegal
- You warrant and represent that as the author of and owner
of rights in the Submitted Material you irrevocably and
unconditionally waive all rights known as moral rights in
respect of the Submitted Material to which you now or may
in future be entitled pursuant to the Copyright, Designs
and Patents Act 1988 and any like rights to which you may
be entitled under any legislation now existing or in future
enacted in any part of the world;
- You warrant and represent that the Submitted Material
does not advertise any product or service or solicit any
business;
- You agree that we may disclose any Submitted Material,
or any part of it, to any third party for any reason, including,
without limitation, if disclosure is required or is reasonably
necessary to comply with the law or any legal process or
any law-enforcement request, to enforce our rights, to analyse
or respond to third-party claims or generally to protect
us and our users.
- The rights granted by you hereunder may not be terminated,
revoked or rescinded and are not subject to any reversion.
We have no obligations to post or otherwise exploit or make
use of any Submitted Materials.
PLEASE NOTE: IF YOU DO NOT AGREE WITH THE USER TERMS OR
THE TERMS OF THE RIGHTS GRANTED TO US PLEASE DO NOT SUBMIT
ANY MATERIAL TO US. WE RESERVE THE RIGHT TO REMOVE SUMITTED
MATERIAL AT ANY TIME WITHOUT PRIOR NOTICE AND AT OUR SOLE
DISCRETION.
- Submitted Material submitted to us on physical media,
such as videotape or diskette, will not be returned, will
become our property on receipt by us, and may be discarded
without notice after one month if not collected.
- You acknowledge and agree that when using the Website,
you will be exposed to a variety of Submitted Material some
of which may, in your opinion, be inaccurate, offensive
or indecent but may not be unlawful. In either event you
agree to waive, and hereby do waive, any legal or equitable
rights or remedies you have or may have against us with
respect thereto, and agree to indemnify us and hold us harmless
to the fullest extent allowed by law regarding all matters
related to your use of the site.
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Competitions and E-commerce
- You may be offered opportunities on the Website to enter
competitions or to purchase goods or services. In order
to take part in these activities you may be required to
accept further terms and conditions in relation to the provision
by us or by third parties of such activities. You will also
have to register with us to take part in such activities.
- Your dealings with any third parties including but not
limited to merchants through the Website and any terms,
conditions, warranties or representations of such third
parties, are solely between you and the relevant third party
and we are not liable in any way for any loss or damage
incurred by you as a result of any such dealings. You agree
to indemnify us against (without limitation) any loss, costs,
damage, expenses, action or claim made against us as a result
of your dealings with such third parties.
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Video On Demand ("Pay Per Download") Terms
and Conditions
- Certain areas of this website offer pay-per-download
website content ("PPD Content"), which you are entitled
to download and view for a limited period provided that
you agree to the applicable PPD Contract Terms and Conditions
prior to purchase and pay the applicable PPD Content fee.
- Please note that your ability to download and/or view
PPD Content will depend upon having sufficient technical
equipment, including connectivity and bandwidth available
to you to properly download and view PPD Content. Prior
to purchasing PPD Content, you must ensure that you have
all necessary equipment, connectivity and systems to download
and view the PPD Content properly. We are not able to specify
particular requirements (which may vary) and are not responsible
in any way for your ability to download and view PPD Content.
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Exclusion of Our Liability/ Indemnity
- We provide the Website on an "as is" basis. We make no
representations or warranties of any kind with respect to
the Website or its contents. In addition, we make no representations
or warranties about the accuracy, completeness, or suitability
for any purpose of the information and materials published
on the Website. Any liability, however it occurs, for any
inaccuracies or errors, is expressly excluded to the fullest
extent permitted by law.
- The Website is controlled and operated from London and
we make no representations that the materials on the Website
are appropriate to or available in other locations. You
agree not to use the Website or Submitted Material in those
countries that may be specifically excluded by way of notice
from time to time. You agree not use the Website in breach
of any laws or regulations of any national, local, state
or federal governments or agencies in any country or jurisdiction
in which the content can be viewed or retrieved, or in breach
of any international treaties or conventions or any community
standards.
- You undertake not make any use of the Website such that
the whole or part of the Website is interrupted, damaged
or impaired in any way or for the transmission or posting
of any computer viruses or any material which is defamatory,
offensive or of an obscene or menacing character or in such
a way as to cause annoyance, inconvenience or needless anxiety
or which constitutes a violation or infringement of the
rights of any person, firm or company. In the event that
you breach your undertaking in this provision we will not
hesitate to prosecute you and seek an appropriate remedy
through the court. Please note that this could mean a criminal
conviction and a hefty fine.
- Use of the Website and its content is at the user's own
risk. We are not liable to you or any third party for any
loss or damage suffered as a result of any use of the Website,
including but not limited to direct loss, indirect or consequential
loss, and loss of profit, howsoever caused (whether arising
out of any negligence or breach of these User Terms or otherwise),
but not including death or personal injury resulting from
our negligence.
- The material on the Website does not constitute advice
and you should not rely on any material on the Website to
make (or refrain from making) any decision or in taking
(or refraining from) any action. We accept no responsibility
for the content of any advertising material, and individual
advertisers are solely responsible for the content of material
which is submitted to us, including compliance with any
applicable national or international standards, codes of
conduct and legislation.
- We make no warranty that the Website (or any website
which is linked to the Website) is free from computer viruses
or any other malicious or impairing computer programs, and
you should take your own precautions in this respect.
- We do our best to provide uninterrupted access to the
Website, but we do not guarantee it and accept no liability
for any failure to do so.
- You agree to indemnify us against all liabilities, costs
(including reasonable legal costs), actions, damages, claims
and expenses that may arise from any breach of these User
Terms by you or your use of the Website. We reserve the
right at our own expense to assume the exclusive defence
of any matter subject to indemnification by you and as such
you agree to co-operate with our defence of such claim.
- Without prejudice to this clause 7 our liability under
these Terms (whether arising in negligence or otherwise)
will not under any circumstances exceed £500.
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Variation
We reserve the right to change these User Terms from time to
time, and to notify you by posting the User Terms so changed
on the Website. The User Terms so revised will take effect immediately
(or such later date as we indicate in such posting). If you
do not wish to be governed by the revised User Terms, you must
cease to use the Website.
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Assignment
We reserve the right to assign or subcontract any or all of
our rights and obligations under these User Terms to a third
party. If we exercise this right, we shall name the assignee
or subcontractor on the Website. You may not without our prior
written consent assign or dispose of any of your rights or obligations
arising under these User Terms.
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No Partnership
Nothing in these User Terms shall be construed as constituting
a legal partnership or joint venture between you and us.
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Conflict
In the event of conflict or inconsistency between the English
version of these User Terms and any translation provided by
us the English version shall prevail.
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Severability
In the event that any term of these User Terms is held to be
invalid or unenforceable by judicial decree or decision, the
remainder of these User Terms shall remain valid and enforceable.
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Governing Law and Jurisdiction
Use of this Website and these Terms are subject to English Law
which shall exclusively govern their interpretation, application
and effect. The Courts of England shall have non-exclusive jurisdiction
over all claims or disputes arising in relation to, out of or
in connection with the subject matter of these User Terms.
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