Terms of use

1. Introduction

1.1 These terms govern your use of our website.

1.2 By using our website, you accept these terms in full. If you disagree with these terms, you must not use our website.

1.3 If you make a purchase or donation through our website, we will ask you to expressly agree to these terms and may ask you to agree to additional terms.

1.4 Our website uses cookies. By using our website or agreeing to these terms, you consent to our use of cookies in accordance with the terms of our Cookie Policy.

1.5 We will only use your personal information as set out in our Privacy Policy.

2. Who we are and how to contact us

2.1 This website is operated by The Film and Television Charity a private company limited by guarantee with its registered office at 22 Golden Square, London W1F 9AD and registered in England and Wales with company number 4816786.

2.2 Our principal place of business is at 22 Golden Square, London W1F 9AD, United Kingdom.

2.3 We are registered with the Charity Commission; you can find the online version of the register at https://beta.charitycommission.gov.uk, and our registration number is 1099660.

2.4 You can contact us:
(a) by post, using the postal address given above;
(b) using our website contact form;
(c) by telephone, on the contact number published on our website; or
(d) by email, using the email address published on our website.

3. How you may use material on our site

3.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it and on our social media feeds. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

3.2 Subject to the other provisions of these terms, 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 Live Chat by means of a web browser.

3.3 Except as expressly permitted by clause 3.2 or the other provisions of these terms, you must not download any material from our website or save any such material to your computer.

3.4 Unless you own or control the relevant rights in the material, or we have given you our explicit written consent, 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 redistribute material from our website.

3.5 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

3.6 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

3.7 If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

3.8 Notwithstanding the other provisions of this clause 3, you may redistribute marketing communications in print and electronic form to any person.

4. 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 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;
(f) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

4.2 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

5. Viruses

5.1 We do not guarantee that our site will be secure or free from bugs or viruses.

5.2 You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

6. Rules about linking to our site

6.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

6.2 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.

6.3 You must not establish a link to our site in any website that is not owned by you.

6.4 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

6.5 We reserve the right to withdraw linking permission without notice.

6.6 The website in which you are linking must comply in all respects with the content standards set out in these terms.

6.7 If you wish to link to or make any use of content on our site other than that set out above, please contact us using the email address published on our website.

7. We are not responsible for websites we link to

7.1 The Film and TV Charity site contains links to other sites and resources provided by third parties.  These links are shared for your information only and should not be interpreted as endorsed or approved by us. Indeed, we cannot guarantee that third party content will be free of material you may find objectionable or otherwise. The Company disclaims any and all responsibility and liability related to your access or use of any third party content.

8. User-generated content is not approved by us

8.1 This website may include information and materials uploaded by other users of the site. This information and these materials may not have been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

8.2 If you wish to complain about information and materials uploaded by other users please contact us on our website.

9. Your content: licence

9.1 In these terms, “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.

9.2 You retain all of your ownership rights in your content, but 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.

9.3 You grant to us the right to bring an action for infringement of the rights licensed under clause 9.2.

9.4 You may edit your content to the extent permitted using the editing functionality made available on our website.

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

10. Your content: rules

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

10.2 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).

10.3 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

10.4 Your content, and the use of your content by us in accordance with these terms, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement or constitute an incitement to commit a crime;
(f) be in contempt of any court, or in breach of any court order;
(g) be in breach of racial or religious hatred or discrimination legislation;
(h) be blasphemous;
(i) be in breach of official secrets legislation;
(j) be in breach of any contractual obligation owed to any person;
(k) be untrue, false, inaccurate or misleading;
(l) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(m) constitute spam;
(n) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or cause annoyance, inconvenience or needless anxiety to any person.

11. Limited warranties

11.1 We do not warrant or represent:
(a) the completeness, accuracy or suitability of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.

11.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation and, save to the extent expressly provided otherwise in these terms, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

11.3 To the maximum extent permitted by applicable law and subject to clause 12.1, we exclude all representations and warranties relating to the subject matter of these terms, our website and the use of our website.

12. Limitations and exclusions of liability

12.1 Nothing in these terms 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; or
(c) limit or exclude any liabilities in any way that is not permitted under applicable law.

12.2 The limitations and exclusions of liability set out in this clause 12 and elsewhere in these terms:
(a) are subject to clause 12.1; and
(b) govern all liabilities arising under these terms or relating to the subject matter of these terms, 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.

12.3 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.

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

12.5 If you are a business user, 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.

12.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

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

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

13. Breaches of these terms

13.1 Without prejudice to our other rights under these terms, if you breach these terms in any way, or if we reasonably suspect that you have breached these terms 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;
(d) commence legal action against you, whether for breach of contract or otherwise.

13.2 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

14.1 We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

14.2 The revised terms shall apply to the use of our website from the date of publication of the revised terms 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.

14.3 If you have given your express agreement to these terms, we will ask for your express agreement to any revision of these terms; and if you do not give your express agreement to the revised terms within such period as we may specify you must stop using the website.

15. Assignment

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

15.2 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.

16. Severability

16.1 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.

16.2 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.

17. Third party rights

17.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

17.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

18. Law and jurisdiction

18.1 If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

18.2 If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.