IMPORTANT! PLEASE READ CAREFULLY. THIS IS A CONTRACT. BY CLICKING ON THE ACCEPT BUTTON AND USING THIS WEBSITE, YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT WITHOUT LIMITATION OR QUALIFICATION.
IF YOU DISAGREE WITH ANY OF THE TERMS THAT FOLLOW OR DO NOT AGREE TO BE BOUND BY ALL SUCH TERMS, DO NOT CLICK THE ACCEPT BUTTON OR USE THIS WEBSITE.
This page tells you the terms and conditions (the “terms”) on which you may make use of our website www.hammerfilms.com (the “website”). The website is the copyright of and maintained by Hammer Publications Limited (company number: 07030053) (“we”/”us”/”our”).
CHANGES TO THESE TERMS
We may revise these terms at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you. You will be deemed to have accepted such changes if you continue to use the website after a variation has been posted.
CHANGES TO OUR WEBSITE
We may update our website from time to time, and may change the content at any time. However, please note that any of the content on our website may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our website, or any content on it, will be free from errors or omissions.
This website and all of the content it contains, or may in the future contain, such as articles, opinions, text, photographs, illustrations, images, video footage, audio clips and advertising copy, as well as the trademarks, logos and any and all copyrightable material and/or any other form of intellectual property (collectively, the “Material”) are owned by us or licensed to us by third parties. The Material featured on this website is subject to copyright protection unless otherwise indicated and may not be used without our prior written approval. We neither warrant nor represent that your use of the Material displayed on the website will not infringe rights of third parties not owned by or affiliated with us. Authorisation to reproduce any Material must be obtained from the copyright holders concerned. Any unauthorized use, copying, publication, distributing or any other misuse of the Material on our website is prohibited.
We do not permit our pages to be loaded into frames on your site. Our pages must load into the user’s entire window. Any links to third party websites from the site do not amount to any endorsement of that site by us and any use of that site by you is at your own risk. We are not responsible for the contents, accuracy, opinions or links from third party websites and we will not be liable for any loss or damage that may arise from your use of them.
We make every effort to check and test our website however we do not guarantee that it will be secure or free from viruses or bugs. It is always wise for you to run an anti-virus program on all material downloaded from the Internet. We cannot accept any responsibility for any loss, disruption or damage to your data or your computer system which may occur whilst using material derived from this website.
UPLOADING CONTENT TO OUR WEBSITE
Whenever you make use of a feature that allows you to upload content to our website (including, without limitation, any artwork, comments, video or audio material, postings or written content) (each a “contribution”) you must comply with these terms and the content standards set out below. You warrant that any such contribution shall comply with these terms and applicable laws, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Your contribution(s) will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your contribution, but you are required to grant us a limited licence to use, store, copy and distribute that contribution. The rights you licence to us are described below (Rights You Licence).
You agree to only use content in your contribution which has been fully cleared by the relevant rights holder or has been made freely and legally available for use via a legitimate website that obtains licenses from its users for all submitted content.We also have the right to disclose your identity to any third party who is claiming that your contribution constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any contribution posted by you.
We allow users to make contributions to give users a forum to express their opinions and share their ideas and information. We do not monitor, endorse and are not responsible for the content of these messages or the views or opinions expressed by the users.
We reserve the right, but are not obligated, to delete, move or edit contributions, in whole or in part, for any reason in our sole discretion.
RIGHTS YOU LICENCE
When you make a contribution, you hereby grant to us a royalty free, perpetual license to use, store, copy, distribute and make it available to third parties throughout the world in any media as we in our sole discretion sees fit. You hereby waive any so called “moral rights” you may have in and to your contribution(s). You represent and warrant that any contribution is original to you and does not infringe upon, misappropriate or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy or any other proprietary rights. You agree and understand that we are not obligated to use any contribution(s) you make to us through the website or otherwise and you have no right to compel such use.
These content standards apply to your contributions.
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote or advocate any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
Restrictions on Use
You may use this website strictly for personal, non-commercial purposes only. It is forbidden to make any use of this website which is intended to promote and/or generate any revenue for you, your business, any third party or the business of any third party.
You agree not to do any of the following while using the website:
1. harass, stalk or otherwise abuse another user;
2. transmit, post, send, upload, distribute, submit or otherwise make available any content that is false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of us), vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by us in our sole discretion);
3. transmit, post, send, upload, distribute, submit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party;
4. transmit, post, send, upload, distribute, submit or otherwise make available any viruses, Trojan horses or other harmful, disruptive or destructive files or material that may interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications materials or equipment or this website or that interferes with any third party’s uninterrupted use and enjoyment of the website;
5. impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the website or to us;
6. transmit, post, send, upload, distribute, submit or otherwise make available through the website any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas, if any, specifically designated for such purposes; or
7. violate any applicable local, national or international law, rule or regulation or knowingly use the website for any improper or unlawful purposes (including infringing any intellectual property rights).
DISCLAIMER AND LIMITATION OF LIABILITY
You acknowledge that you use the website at your entire risk and that, subject to the limitations below, we shall not be liable for any loss (whether direct, indirect, incidental or consequential damages) resulting from your use of the website.
We make no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions or statements contained on this website and/or the Material. Reference to any product or third party does not constitute or imply its endorsement or recommendation by us. Views and opinions of users of this website do not necessarily state or reflect ours.
Nothing in these terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our website or any content on it, whether express or implied.
BY USING THIS WEBSITE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US AND OUR PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICER AND DIRECTORS HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL FEES, ARISING OUT OF OR RELATING TO ANY BREACH BY YOU OF THESE TERMS OR USE OF THIS WEBSITE BY YOU OR VIA ANY HARDWARE OWNED OR CONTROLLED BY YOU.
IN RELATION TO THIRD PARTY CLAIMS YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN OUR DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT OUR THE WRITTEN CONSENT.
VIOLATIONS AND ADDITIONAL POLICIES
We will determine your compliance with these terms in our sole discretion and our decision shall be final and binding. Any violation of these terms may result in restrictions on your access to all or part of the website. We reserve the right to report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.
No waiver of any of these terms shall be of any force or effect unless made in writing and signed by one of our duly authorized officers. We reserve the right to modify or discontinue this website, or any portion thereof without notice to you or any third party.
These terms are governed by English law and are subject to the non-exclusive jurisdictions of the courts of England and Wales.
If any provision of these terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these terms, which will remain in full force and effect. The section titles in these terms are for your convenience only and do not have any legal or contractual effect.
To contact us, please email hello[at]hammerfilms.com