Domestic Terms & Conditions

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND ACHIVEFILM.CO.UK. BY CLICKING THE "I AGREE" BUTTON, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. ACHIVEFILM.CO.UK RESERVES THE RIGHT TO CHANGE THIS AGREEMENT FROM TIME TO TIME AT ITS SOLE DISCRETION. YOUR USE OF THE SITE, AND ITS USE BY YOUR DIRECTORS, EMPLOYEES OR AGENTS, WILL BE SUBJECT TO THE MOST CURRENT VERSION OF THIS AGREEMENT POSTED ON THE SITE AT THE TIME OF SUCH USE.


OWNERSHIP OF THIS WEBSITE


This website is owned and operated by Heathwood Studios Limited hereafter called ("Archivefilm.co.uk"). All elements of the site, including the content and the general design are protected by copyright, trademark and other English and international laws relating to intellectual property and copyright. All images and related information on this website are owned or controlled by Archivefilm.co.uk.


Except as stated below, the contents of this website may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior express written permission of Archivefilm.co.uk.


You may not distribute, display or copy any of the contents of the pages contained in this website to third parties including, but not limited to "caching" any material on this website for access by third parties and "mirroring" any material on this website. You may provide a link to this website from any other website without Archivefilm.co.uk prior permission PROVIDED THAT you will remove such link if so requested in writing by Archivefilm.co.uk.


All references to "you" herein are also deemed to be references to your directors, employees and agents or anyone else who accesses this website on your behalf or using information obtained by or from you.


In these Terms and Conditions, “Material" is a file containing moving footage and is referred to as "Material".


PLEASE NOTE: THESE TERMS AND CONDITIONS ARE APPLICABLE TO THE LICENSING OF MATERIAL DIRECTLY FROM ARCHIVEFILM.CO.UK. ALL OTHER USES, INCLUDING, WITHOUT LIMITATION, FOR BROADCAST OR CORPORATE TELEVISION ARE SUBJECT TO ARCHIVEFILM.CO.UK "OFF-LINE" TERMS AND CONDITIONS.


AVAILABILITY OF IMAGE FILES


Moving Image Files may be licensed via this website in two ways:


1.        Licences of low resolution preview footage ("Material");


2.        These licences are available on the terms set out in this agreement.


NO PERFORMERS' CONSENTS, PERSONALITY RIGHTS, MUSIC OR OTHER CONSENTS OR RELEASES EXIST ON ANY IMAGE FILE. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING ANY NECESSARY RELEASES OR CONSENTS REQURIED FOR YOUR INTENDED USE OF THE IMAGE FILES AND PAYING FOR THESE.


LICENCE OF PREVIEW MATERIAL ("MATERIAL LICENCE")


Archivefilm.co.uk grants you the personal, non-transferable, and nonexclusive right to copy the Preview Moving Image File(s) you have selected onto your computer hard drive and to use the Preview Moving Image File(s) (such downloaded Preview Moving Image File(s) being herein referred to as the "Downloaded Preview (“MATERIAL") in the following manner only:


1.        The usage must be non-commercial;


2.        The usage must be for personal, research or private study, criticism, review or educational purposes; and


3.        The Downloaded Preview Moving Files must not be made available via websites on the worldwide web and may only be made available on an internal website (i.e. an intranet which is not accessible to the general public) which is available in the UK only on an educational non-profit-making basis.


For example, you may include a Downloaded Material in an email and send it to a friend or friends or a school or college can use a Downloaded Material on its intranet.


1.  IT can be used in PowerPoint presentations in the classroom or to invited audiences only; or


2.  For commercial or non-commercial web publishers to use in an editorial context on their password protected online environments and web sites


For use pursuant to 1 above, Schools, Colleges and Educational institutes may edit Downloaded Material for educational purposes only.


For uses pursuant to 2 above, each Downloaded Material must be used in linear form and may not be edited into any form of traditional television or radio programme, re-voiced, re-edited or changed in any way.


PLEASE BE AWARE THAT TO PREVENT THIS MISUSE OF FILES THERE IS A SMALL COPYRIGHT LOGO ON THE BOTTOM RIGHT HAND CORNER OF EACH CLIP.


SUPPLY OF MATERIAL


Before Archivefilm.co.uk will allow you to download Material, you will need to register. You agree to furnish accurate information when registering with Archivefilm.co.uk. You are responsible for maintaining the confidentiality of your user name and password. You will not permit any third party to obtain your User name and/or password and you will notify Archivefilm.co.uk of any unauthorised access or suspected unauthorised access as soon as you become aware of the same. Where any payment is due for any Material, you will be liable for payment for all Material  downloaded by others, with or without your knowledge or permission prior to the time that you notify Archivefilm.co.uk of any unauthorised use.


Your details are held in accordance with our Data Protection Registration.


If you wish to download material only then once your registration data has been received and you have informed by Archivefilm.co.uk of which Material you wish to download, Archivefilm.co.uk will enable you to download your chosen Material.


You confirm you are over 18 years of age and if you are ordering any service on behalf of a company or partnership that you have the necessary authority to do so.



  • Delivery


Once there is a legally binding contract between you and Archivefilm.co.uk, Archivefilm.co.uk will enable you to download your chosen material



  • Price


The price shown for each product is exclusive of VAT which will be added where applicable.


Archivefilm.co.uk reserves the right to change prices listed without notice and reserves the right to decline to supply services to any individual or company. No responsibility can be accepted for late delivery or non delivery due to circumstances beyond Archivefilm.co.uk control.



  • Payment


Payment for the Material you have ordered can be made by one of the following credit/debit cards:




    • PayPal

    • Visa

    • MasterCard

    • Switch

    • Delta



All prices are quoted in Pounds Sterling and payment cannot be accepted in any other currency.



  • Cancellation


Once you have submitted your payment details, they have been accepted and Archivefilm.co.uk has made the Material available to you, you may not cancel the contract.


DURATION OF THE LICENCE


Unless otherwise agreed or unless this agreement is otherwise terminated, use of any Downloaded is strictly limited to one year from the date that there is a legally binding contract between you and Archivefilm.co.uk. The licence period for Downloaded Material, for Personal Use only is indefinite or until you are notified that such period has ended by Archivefilm.co.uk. Following the end of the licence period, then unless, in the case of Downloaded Material, this period is otherwise extended in writing by Archivefilm.co.uk, you must delete the Downloaded Material from all electronic and removable media and destroy any other copy of the same.


Online resources for commercial enterprise, selling on to schools, education partners or other customers or for publication over the World Wide Web.


Commercial resources and resources published over the World Wide Web by LEAs, RBCs and Schools may list items from the British Pathe Archive using the item titles and ID numbers.


The licence will run for three years from date of download.


RESTRICTIONS AS TO USE AND STORAGE OF DOWNLOADED MATERIAL


Save as otherwise permitted herein, the following are strictly prohibited unless the prior written consent of Archivefilm.co.uk has been previously obtained:



  • Use of any Downloaded Material other than in accordance with the terms of the licence granted herein;

  • Creation of any derivative of a Downloaded Material;

  • Use of any Downloaded Material in a manner that is defamatory, pornographic or obscene, whether directly or in context or juxtaposition with specific subject matter is strictly prohibited;

  • Use of any Downloaded Material in any way that violates a depicted person's right of privacy or publicity, or to infringe on any trade name, trademark or service mark is strictly prohibited;

  • Use of any Downloaded Material to promote a business that sells or licenses moving or photographic images, or otherwise competes with Archivefilm.co.uk in any manner is strictly prohibited.

  • Shipping, transferring or exporting any Downloaded Material into any country or use any Downloaded Material in any manner prohibited by any export laws, restrictions or regulations.

  • Using, copying, archiving, publishing, distributing, republishing, transmitting, sub-licensing, re-licensing, renting, leasing or otherwise dealing with any Downloaded Material and you will not permit any of the foregoing actions to be undertaken by anyone other than you or other authorised users of any Downloaded Material;

  • Copying or publishing any Downloaded Material to a network or bulletin board, (e.g. YouTube, face book etc) or otherwise distributing or allowing any of the Downloaded Material to be distributed to or used by anyone other than the authorised users;

  • Removing any copyright, watermarks contained in any Downloaded Material.


TERMINATION


Without prejudice to its other rights, Archivefilm.co.uk shall have the right to terminate any licence granted to you immediately by notice in writing if:


a.  you shall default on any payment due hereunder or shall otherwise be in breach of the terms of this Agreement or any other agreement between you and Archivefilm.co.uk;


b.  you enter into a voluntary arrangement or a petition for bankruptcy is presented or a bankruptcy order is made against you or if you have a receiver or administrative receiver appointed over you or over any part of your undertakings or assets or shall pass a resolution for winding up (otherwise than for the purpose of a bona fide scheme of solvent amalgamation or reconstruction where the resulting entity shall assume all of your liabilities) or a court of competent jurisdiction shall make an order to that effect or if you shall become subject to an administration order or shall enter into any voluntary arrangement with your creditors or shall cease or threaten to cease to carry on your business.


c.  In the case of Material Licences only, Archivefilm.co.uk reserves the right to restrict or remove your access to Material at any time, or revoke your authorisation to view, download and use the Material and information on this website at any time, and you shall immediately discontinue your use of the same upon written notice from Archivefilm.co.uk.


Upon termination of this Agreement for whatever reason, the following provisions shall apply:


a. Termination of this Agreement shall not prejudice any right, action or remedy which shall have accrued or thereafter accrue to either you or Archivefilm.co.uk;


b. You shall immediately cease use of any Downloaded Material licensed to you by Archivefilm.co.uk under this Agreement or any other agreement between you and Archivefilm.co.uk;


c. Archivefilm.co.uk shall not be obliged to refund to you any payments previously made to Archivefilm.co.uk.


INDEMNITY


You agree to indemnify and hold Archivefilm.co.uk and/or the rights owner(s) of any Downloaded Material, harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable legal expenses, arising from the use of any Downloaded Material or any breach or alleged breach of this Agreement.


NO WARRANTY


The Material is provided "as-is." To the fullest extent permitted by law, Archivefilm.co.uk excludes all warranties and representations, expressed or implied, including but not limited to any implied warranties of satisfactory quality, fitness for any particular purpose, arising from a course of dealing or course of performance, no infringement, quality of material, or compatibility with any computer hardware or other equipment, operating system or software programme.


Without limiting the foregoing, Archivefilm.co.uk gives no rights or warranties with respect to the use of names, trademarks, registered or copyrighted designs or works of art depicted in any Downloaded Material, and you must satisfy yourself that all necessary rights, consents or permissions as may be required for reproduction are secured. Archivefilm.co.uk identifies each image to the best of its ability, but cannot be held responsible for erroneous or incomplete information.


Archivefilm.co.uk makes no representation or warranties as to the accuracy of the content, or that the use of this website will be uninterrupted or error free or that this website is free from viruses or any other malicious or impairing computer programme. This website could include technical or other mistakes, inaccuracies or typographical errors. The use of this site is at your own risk.


LIMITATION OF LIABILITY


Under no circumstances shall Archivefilm.co.uk be liable to you under, or in connection with, this Agreement, or your use of this site or from your access or use of any Material, in contract or tort or otherwise and whether or not arising as a result of negligence for any loss of business, contracts, profits, anticipated savings or data or for any other indirect or consequential or economic loss whatsoever.


Archivefilm.co.uk liability to you arising out of or in connection with this Agreement or the performance of or the observance of its obligations under this Agreement shall be limited to the fee paid to Archivefilm.co.uk for the licence for such Downloaded Material.


You are solely responsible for determining whether an Material or any related information is appropriate for your intended use and complies with any applicable laws, regulations, codes of practice or rules relating to such use.


Neither party shall be liable for any delay or non-performance under this Agreement caused by any event beyond its reasonable control (a "Force Majeure event") PROVIDED THAT the party affected gives prompt notice in writing to the other party of such Force Majeure event and uses all reasonable endeavours to continue to perform its obligations under this Agreement. Either party may terminate this Agreement if such Force Majeure event continues and has continued for more than one month.


PROTECTION OF IMAGES


All Downloaded Material remain the property of Archivefilm.co.uk. You will not acquire any right, title or interest in or to any Downloaded Material, including, without limitation, any electronic reproduction or promotional rights, and you will not make, authorise or permit any use of the digital files made therefrom other than as specified herein.


All rights not specifically granted to you are reserved to Archivefilm.co.uk. Archivefilm.co.uk copyright information and Material identification number must be retained with the Material while you retain them.


CREDIT


Images used editorially should bear a credit line to "Archivefilm.co.uk".


GOVERNING LAW


This Agreement will be interpreted and construed in all respects in accordance with the laws of England and any dispute in relation to such agreement shall be subject to the exclusive jurisdiction of the English Courts.


MISCELLANEOUS


This Agreement is not assignable or transferable by you.


This website may contain links to other websites not under the control of Archivefilm.co.uk and are not associated with Archivefilm.co.uk. Archivefilm.co.uk is not responsible for the content of these sites and does not necessarily endorse the material on these sites.


This Agreement contains all the terms of the agreement between Archivefilm.co.uk and you concerning the use of Downloaded Material, and no terms or conditions may be added or deleted unless made in writing and signed by both parties. These terms and/or any other terms agreed in writing by Archivefilm.co.uk supersede any and all terms of your purchase order or other purported terms and conditions.


If any term, condition, or provision of these terms and conditions is determined to be unlawful, invalid, void , or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired thereby.


No failure to exercise and no delay in exercising on the part of either of the parties any right, power or privilege shall operate as a waiver thereof nor shall any single or partial exercise of any right, power or privilege preclude any other or future exercise of any right, power or privilege.


In the event that any Material is used by you in any web publication, you shall provide Archivefilm.co.uk with the relevant url for the usage.


CONTACT INFORMATION


In the event that you wish to contact Archivefilm.co.uk for any reason, contact details are as set out on Archivefilm.co.uk web site or you may email info@archivefilm.co.uk instantly.


If you have any questions or queries regarding any of the services or products featured please send an email to info@archivefilm.co.uk


COMPANY INFORMATION


Archivefilm.co.uk is a subsidiary of Heathwood Studios Limited is an English company. Registered Office,


Heathwood Studios, Birchwood Rise, Dover, Kent CT17 9TH. Registration No: 5953832. Telephone number: 44 (0)1304 208382. VAT number: 397 7406 02