TERMS OF SERVICE
We provide our online services to you subject to the following terms and conditions. You must read these terms and conditions before using the online services. By using the online services you agree to be bound by the terms and conditions set out below, which may be updated by us from time to time. In addition, when using particular services or entering competitions, you shall be subject to any further guidelines and rules applicable to such services which may be posted by us from time to time. All such guidelines and rules, including but not limited to the Privacy and Cookies Policy , are hereby incorporated by reference into these terms. In the case of any inconsistency between any such guideline or rule and these terms, the guideline or rule shall prevail. If you do not wish to be bound by these terms and conditions, you may not use the online services.
“Contract” means this agreement;
“Information” means all material delivered by us through the Website;
“Registration Form” means the form you must complete in order to receive newsletters, participate in any SHORTS INTERNATIONAL LIMITED online competition and/or register on the Website for any other reason;
“Registration Information” means all personally identifiable information collected by us when a user registers on the Website and/or participates in any SHORTS INTERNATIONAL LIMITED online competition and/or registers for any other reason;
“Service” means the provision by us to you of all the services within the Website, including but not limited to access to the Information and the Chat Services;
“we”, “us”, “our” means SHORTS INTERNATIONAL LIMITED of 6-8 Luke Street, London EC2A 4XY, Company Number 03962510;
“Website” means the websites and online services situated at www.shortstv.com, eu.shorts.tv, or us.shorts.tv;
“you”, “your” “yourself”, means you, the Service end-user.
REGISTRATION, PASSWORD, SECURITY AND USE
To sign up to receive newsletters and to access all areas of the Website, you must be at least 16 years of age and complete the online registration process by clicking on the “Register” button and providing us with true, accurate, current and complete information about yourself (as prompted by the Registration Form). You will need to submit various details including your name and email address and choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and other account details. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to: (a) notify us immediately of any unauthorised use of your account or any other breach of security; and (b) exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this clause. If you provide any information that is untrue, inaccurate, or not current or complete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, or not current or complete, we have the right to suspend or terminate your access to those parts of the Service requiring registration.
You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that message board postings or other uploaded content will be retained by the Website and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that we have no responsibility or liability for the deletion of or failure to store any messages and other communications or other content maintained or transmitted by the Service. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
DISCLAIMER AND LIMITATION OF LIABILITY
YOU AGREE THAT YOUR USE OF THE WEBSITE AND ANY OTHER WEBSITES AFFILIATED TO IT IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE SERVICE AND ANYTHING CONTAINED WITHIN THE SERVICE, INCLUDING, BUT NOT LIMITED TO, CONTENT, SERVICES, GOODS, OR ADVERTISEMENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND THAT SHORTS INTERNATIONAL LIMITED MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
Shorts International Limited does not warrant that the Service is compatible with your equipment or that the Service, or e-mail sent by Shorts International Limited or its representative, is free of errors or viruses, worms or “Trojan horses,” or any other harmful, invasive, or corrupted files, and is not liable for any damage you may suffer as a result of such destructive features. You agree that Shorts International Limited and its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns shall have no responsibility or liability for: (i) any costs, losses, injuries (excepting personal injuries and death) or damages, whether caused by the negligence of Shorts International Limited, its parent, or their respective affiliates, Suppliers, agents, directors, officers, employees, representatives, general partner, subsidiaries, successors, and assigns, or otherwise arising in connection with the Service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages, or any claim against Shorts International Limited by any other party; or (ii) any fault, inaccuracy, omission, delay, or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment. The content of other Web sites, services, goods, or advertisements that may be linked to the Service is not maintained or controlled by Shorts International Limited. Shorts International Limited is therefore not responsible for the availability, content, or accuracy of other Web sites, services, or goods that may be linked to, or advertised on, the Service. Shorts International Limited does not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Service; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, goods, or advertisements that may be linked to the Service; or (c) make any endorsement, express or implied, of any other Web sites, services, goods, or advertisements that may be linked to the Service. Shorts International Limited is also not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media, and equipment you use to access the Service. You understand that Shorts International Limited and/or third-party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under the terms of service.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL SHORTS INTERNATIONAL LIMITED, ITS SUPPLIERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES EVEN IF SHORTS INTERNATIONAL LIMITED HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION OF THE TOS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL SHORTS INTERNATIONAL LIMITED’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. Nothing herein shall exclude Shorts International Limited’s and/or its employees’ liability for death or personal injury arising from negligence or fraudulent misrepresentation by Shorts International Limited and/or its employees.
RIGHTS GRANTED/ RIGHTS RESERVED
We provide the Information to you solely for your personal, non-commercial purposes and where and to the extent (only) that permission to download and store certain Information is specifically granted in the relevant Information (if at all) you may download the Information onto only one (1) computer hard drive for such purposes. The Information may not be used for any other purpose including without limitation, publication, reproduction or transmission without our express written permission, subject to which you may upload and/ or send material derived from the Information or other material to us. By uploading or sending any material to us, whilst you continue to retain ownership of such material and may continue to use the content outside the Website, you thereby grant to us an irrevocable, unconditional, world-wide, royalty free licence to use such material or any part of it in perpetuity in any and all media and in any manner we may determine in our sole discretion. Furthermore, you thereby waive all so-called moral rights or other similar rights in such material. You agree not to copy, modify, create a derivative work, reverse engineer, reverse assemble or otherwise attempt to discover the source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in the Information.
We reserve the right at our discretion and without any obligation to remove, delete, modify, edit , exploit or otherwise deal at our discretion with any material or content uploaded, or otherwise submitted by you to the Website including without limitation video, audio, still photographs and artwork, links, embedded content, data, information, software, text and personal information.
All rights not expressly granted are reserved to us.
We provide the Service to you solely for your personal, private use. You undertake not to use the Service:
(a) for any unlawful purpose;
(b) in any way so that the Service is interrupted, damaged, rendered less efficient or the functionality of the Service is in any way impaired;
(c) in any way that may damage or disrupt another user’s computer;
(d) for the transmission, uploading or posting of any computer viruses, worms, logic bombs or any harmful or deleterious files or programs; You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this clause, you would commit a criminal offence under the Computer Misuse Act 1990 (UK). We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
(e) to transmit, upload or post any material which is defamatory, offensive, racist, vulgar, libellous or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety;
(f) as a means to threaten, stalk, harass, abuse, or otherwise insult other users or to collect or store personal data about other users;
(g) in a manner which constitutes a violation or infringement of any person, firm or company’s rights (including, but not limited to, rights of copyright or confidentiality);
(h) to transmit any material for the purposes of publicity, promotion and/or advertising without our prior written consent unless such transmission has been specifically requested by another user of the Service;
(i) to create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message, including, but not limited to impersonating an SHORTS INTERNATIONAL LIMITED employee, manager, host or another user; or
(j) to transmit, upload, post or otherwise make available any solicited or unauthorised advertising, promotional materials, “junkmail”, “spam”, “chain letters”, “pyramid schemes” or any duplicative or unsolicited messages.
If you do not adhere to the User Conduct when using the Service, we reserve the right to terminate your use of the Service and/or to remove any content posted by you on the Website. We reserve the right to take such action without first notifying you of our intention to do so.
As part of our service to you we may provide various message board, chatroom, weblog, profile pages and other message and communication facilities (the “Chat Services”) that may provide you and other users an opportunity to submit, upload, post, display, transmit and/or exchange information, ideas, opinions, information, files, messages, transmissions and content with other users and/or with us and these are referred to as a “Post” or “Posting.”. If a Posting originates from you or your User ID, you hereby agree that:
(a) you are placing the Posting in the public domain without reservation of any rights or further control over the Posting or its use and you specifically authorise SHORTS INTERNATIONAL LIMITED and affiliates to use such Posting in whole or in part, throughout the universe, and you are automatically granting SHORTS INTERNATIONAL LIMITED and affiliates a royalty-free, perpetual, irrevocable, unrestricted, unconditional, non-exclusive license to use, reproduce, modify, publish, edit, adapt, create derivative works from, translate, distribute, perform, display and otherwise exploit such Posting and all elements thereof alone or as part of other works in any form, media, or technology, whether now known or hereafter developed or discovered, and to license and sub-license such rights through multiple tiers of sub-licenses, all without any notification or obligation to you, of compensation, attribution or otherwise;
(b) You are the sole and exclusive creator, author and owner of your Posting, and no one else has any right in or to your Posting.
We do not control the content posted by you or other users of the Chat Services and as such, do not guarantee the accuracy, integrity or quality of such content. By using the Chat Services, you acknowledge that you may be exposed to content that is offensive or objectionable. Furthermore, whilst we make every effort to test and check Information and content on the Website for viruses, we recommend that you run anti-virus programs on any Information and/or content obtained via the Chat Services.
Under no circumstances will we be liable in any way for any content or any damage incurred as a result of you accessing any content posted or otherwise transmitted via the Chat Services.
You acknowledge that we have the right (but not the obligation) to refuse access to or remove any content made available via the Chat Services.
If you do not adhere to the User Conduct when using the Chat Services, we reserve the right to terminate your use of the Chat Services and/or to remove any content posted by you on the Website. We reserve the right to take such action without first notifying you of our intention to do so.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge that all copyright, trade marks (whether registered or unregistered) and graphics, logos, designs (including the design, arrangement and look and feel), page headers and button icons, material and content and all other intellectual property rights in the Service, Information and the Website are the intellectual property rights of Shorts International Limited or, with respect to film content, where applicable, its licensors, and shall remain vested in Shorts International Limited or its licensors. Nothing contained herein shall be construed as conferring impliedly or otherwise any licence or right under any trade mark or patent of SHORTS INTERNATIONAL LIMITED, its associated companies or any other third party.
In accessing the Website, you agree that you do so only for your own personal, non-commercial use. You may not, nor may you agree to permit or assist in any way any third party to, copy, reproduce, download, post, store (including in any other web site), distribute, transmit, broadcast, commercially exploit or modify in any way any material or content from the Website without SHORTS INTERNATIONAL LIMITED’s prior written permission.
USER GENERATED CONTENT
You hereby grant SHORTS INTERNATIONAL LIMITED a royalty free, non exclusive, worldwide, licence, in perpetuity, to use your photo, animation, video clips, sound recording, or other material uploaded by you (your “Material”) on any medium including on SHORTS INTERNATIONAL LIMITED’s television channels and/or the Website. SHORTS INTERNATIONAL LIMITED also has the right to commercially exploit, host, store, copy, distribute, modify, edit, incorporate into other material, and/or otherwise treat in any way your Material at its discretion without any payment to You. In particular, you agree to waive all moral rights to the Material. You warrant that you are the sole and exclusive creator, author and owner of your Material, and no one else has any right to your Material, including in any underlying copyrights such as music, footage, artwork and other material. If you are under 18 years of age, you warrant that you have parental or guardian permission to upload Material to the Website. You warrant that you have obtained all rights, permissions and licences necessary for SHORTS INTERNATIONAL LIMITED to use your Material as anticipated by this clause. You must ensure that nothing in your Material infringes any trade mark or copyright or otherwise violates anyone’s right of privacy or publicity, or contains anything that is defamatory or offensive. You must ensure that your Material is free from any lien or claim by anyone, including, but not limited to any union, guild or performance rights society. SHORTS INTERNATIONAL LIMITED reserves the right not to make your Material available on any Website, and the right to remove your Material, or links or any other means of access to your Material, from any Website at SHORTS INTERNATIONAL LIMITED’s discretion at any time. You agree to indemnify and hold SHORTS INTERNATIONAL LIMITED and its affiliates and or subsidiaries harmless from any claims, suits, losses (whether foreseeable or not), damages and expenses (including reasonable legal fees) that arise from any breach of these conditions regarding your Material. For the avoidance of doubt, this clause does not apply to short films submitted to us for our consideration for our distribution services or for broadcast on our channels, which, shall be subject to separate agreements.
We are concerned about the safety and well being of all our users, but children in particular. Parents who allow their children to use the Service should take care to supervise and assist their children. We remind you that the Service is designed to appeal to a wide audience. As the legal guardians, we remind parents that it is their responsibility to supervise children and to determine whether particular areas of the Website are suitable for your child.
You further undertake that in the event that you have any right, claim or action against any other user arising from the use of the Service, you shall pursue such right, claim or action independently of, and without recourse to us. You will fully indemnify and defend us against all claims, liability, damages, costs and expenses, including legal fees, arising out of a breach of this Contract or any use of the Service, the Information or the Website by you. You acknowledge that we have limited control over the nature and content of Information and programs transmitted or received by you or others who use the Service and that we do not examine in any way the use to which you put the Service. You agree to fully indemnify us against any claims or legal proceedings arising in connection with your use of the Service which are brought or threatened against us by any other person.
SUSPENSION AND TERMINATION
We shall have the right to immediately terminate this Contract and/or suspend your access to the Service if you commit a breach of these terms and conditions.
If you want to amend your Registration Information or add or remove your name from an SMS, newsletter or other distribution list (which you have subscribed to on the Website), you can click on the “Update Profile” link when logged in on the Website and amend your profile accordingly.
If you want to remove all of your information from our database, you may do so by sending an email to firstname.lastname@example.org specifying your name, email address and telephone number.
Our Privacy and Cookies Policy contains further information on our treatment of the Registration Information and/or any other personal information relating to you that we collect in the course of providing the Service. Additionally, you may ask questions about privacy issues by sending an email to email@example.com.
COMPLAINTS AND TAKE DOWN
If you wish to make a complaint about the Website or if you think your intellectual property or other rights have been infringed on the Website or other SHORTS INTERNATIONAL LIMITED services, you give us full details by sending an email to firstname.lastname@example.org.
This Website may contain links to other websites which are not controlled by us. This Contract only applies to your use of this Website and the Service and we shall not be responsible for any content on any other websites. Any link to any other website does not amount to an endorsement of that website or its content.
CHANGES TO THIS CONTRACT AND THE SERVICE
We reserve the right to change the terms and conditions of this Contract from time to time and your continued use of the Service following such change shall be deemed to be your acceptance of any such change. It is your responsibility to check this file regularly to determine whether this Contract has been changed. If you do not agree to any change in the terms and conditions of this Contract then you must immediately stop using the Service. We also reserve the right to change and update the Service from time to time.
Each provision of this Contract excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the termination of this Contract.
No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.
CHOICE OF LAW AND JURISDICTION
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Website.
This Contract shall be will be governed by English law and any disputes or claims (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England.
These Website Terms and Conditions were last updated on 25th July 2013.