WEBSITE TERMS AND CONDITIONS

1. WHO WE ARE
The ShortsTV website (“Site”) is made available to you by Shorts International Limited (“SIL”), 6-8 Luke Street, London EC2A 4XY, Company Number 03962510. You can contact us by emailing info@shorts.tv or calling + 44(0)207 613 5400.

2. DEFINITIONS
2.1. “Content” means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site;

2.2. “User Conduct” means the rules set out in clause 6.1, 6.2 and 6.3 of these Terms.

2.3. “you”, “your” “yourself”, means you, the Site end-user.

3. TERMS OF USE
3.1. We provide this Site, subject to the following terms and conditions, and our Privacy Policy and any additional competition or prize draw terms that apply from time to time, that are all hereby incorporated into these terms by reference (together, the “Terms”).

3.2. These Terms may also apply if you are accessing ShortsTV content on third party website or services such as social networking sites. These third-party websites may have their own terms, so you will need to be aware of these. We are not responsible or liable for anything that happens to you when you visit these third-party websites and services.

3.3. Please note that there are some ShortsTV digital services (e.g. our ShortsTV application) which are subject to different terms of use and where this is the case, you will need to read and agree to these terms within the applicable service.

3.4. These Terms apply regardless of the type of device you use to access the Site.

3.5. By accessing the Site, you agree to be bound by the Terms, which may be updated by us from time to time. If you do not wish to be bound by these Terms, you should stop using the Site immediately.

4. USE OF THE SITE
4.1. By accessing any part of the Site, you agree that you will only use the Site:

4.1.1. for your own personal, non-commercial use;

4.1.2. for lawful purposes; and

4.1.3. in a manner which does not infringe the rights (e.g. copyright) of, or restrict or inhibit the use and enjoyment of the Site by, any third party.

4.2. Subject to the section below, you must be at least 16 years old to use the Site.

4.3. If you are under 16 years old:

4.3.1. you must have your parent’s or guardian’s permission before using the Site; and

4.3.2. you must read these Terms with your parent or guardian to make sure you and your parent or guardian understand and agree to these Terms; and

4.3.3. your parent or guardian must agree to these Terms on your behalf before you use the Site.

4.4. We remind you that the Site is designed to appeal to a wide audience and that some of the Content on our Site may not be suitable for children. We remind parents and legal guardians that it is their responsibility to supervise children and to determine whether particular areas of the Site and particular Content is suitable for your child.

4.5. We do not guarantee that our Site, or any Content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons.

5. OWNERSHIP, USE AND INTELLECTUAL PROPERTY RIGHTS
5.1. This Site and all intellectual property rights in it including but not limited to any Content are owned by us, our licensors or both (as applicable). Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.

5.2. Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.

5.3. Trade marks: Shorts and ShortsTV are our trade marks. Other trade marks and trade names may also be used on this Site. The use of any trade marks on the Site is strictly prohibited unless you have our prior written permission.

6. USER CONDUCT
6.1. You agree that you will not use the Site:

6.1.1. for any unlawful purpose;

6.1.2. in any way so that the Site is interrupted, damaged, rendered less efficient or the functionality of the Site is in any way impaired;

6.1.3. to reverse engineer, create a derivative work, de-compile, disassemble, copy, reproduce, communicate and/or make available to the public, republish, download, post, record, broadcast or transmit or use in any other way the Site (or any part thereof including but not limited to any Content or software code) except as permitted by us;

6.1.4. in any way that may damage or disrupt another user’s computer;

6.1.5. 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 Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site 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 Site will cease immediately;

6.1.6. 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;

6.1.7. as a means to threaten, stalk, harass, abuse, or otherwise insult other users or to collect or store personal data about other users;

6.1.8. 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);

6.1.9. 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 Site;

6.1.10. 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 a SIL employee, manager, host or another user; or

6.1.11. 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.

6.2. You may not include a link to the Site or display any of the Content surrounded or framed or otherwise surrounded by material not originating from us without our consent.

6.3. If invited to make contributions to the Site, you agree not to post or transmit:

6.3.1. any defamatory, threatening, false, misleading, discriminatory, harassing, rascist, harmful, indecent, obscene, pornographic or otherwise illegal material (including URLs of third party websites that contain such material);

6.3.2. any material which would violate or infringe in any way upon the rights of others (including intellectual property rights, rights of confidentiality, or rights or privacy), could prejudice any active legal proceedings of which you are aware, or cause distress or inconvenience, encourage violence or racial or religious hatred, or condone or encourage illegal acts of any nature;

6.3.3. any opinions that are vulgar, crude, sexist, rascist or otherwise make comments that are offensive or that are likely to cause someone harm or distress;

6.3.4. any spam such as advertisements for other goods or services, other commercial solicitation, chain letters, pyramid schemes, polls or petitions;

6.3.5. whilst impersonating anyone else or misrepresenting your identity or status;

6.3.6. anything which solicits personal information, email addresses, contact information, passwords or generally, any personally identifying information from anyone;

6.3.7. any material that we have previously removed.

6.4. If you do not adhere to the User Conduct when using the Site, we reserve the right to take such action as we deem appropriate, including:

6.4.1. immediate, temporary or permanent withdrawal of your information or your right to use the Site;

6.4.2. issue of a warning to you;

6.4.3. legal proceedings against you for reimbursement of all costs on an indemnity basis resulting from the breach;

6.4.4. further legal action against you; and

6.4.5. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

7. DISCLAIMER AND LIMITATION OF LIABILITY
7.1. While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk. While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site. We may suspend or terminate operation of the Site at any time as we see fit.

7.2. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any:

7.2.1. losses that:

7.2.1.1. were not foreseeable to you and us when these Terms were formed; or

7.2.1.2. that were not caused by any breach on our part;

7.2.2. business losses; and

7.2.3. losses to non-consumers.

8. INDEMNIFICATION
You agree, to the extent permitted by law, to indemnify, defend and hold harmless SIL and our affiliates, directors, officers, shareholders, employees, licensors, suppliers and agents from and against any complaints, charges, claims, damages, losses, costs, liabilities and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Site; (b) content you post to the Site (if applicable); and (c) your breach of these Terms.

9. PRIZE DRAWS, COMPETITIONS & PROMOTIONS
From time to time, we may offer prize draws, competitions or other promotions that require you to send material or information about yourself. Please note that prize draws, competitions or promotions offered via our Site may be, and often are, governed by a supplemental set of rules that in addition to describing such prize draws, competitions or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and supplemental disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such prize draws, competitions or other promotion, you agree to comply with such rules, that shall be incorporated to these Terms by by reference, and which shall be final and binding in all respects. In the event of any inconsistency between such competition terms or other specific terms (collectively “Special Terms”) and these Terms, the Special Terms will apply.

10. USER PRIVACY
Our Privacy Policy contains information on our treatment of any personal information relating to you that we may collect in the course of providing the Site, for example, if you have signed up to receive our newsletters. Additionally, you may ask questions about privacy issues by sending an email to info@shorts.tv.

11. COMPLAINTS
If you wish to make a complaint about the Site or if you think your intellectual property or other rights have been infringed on the Site or other SIL service, you can give us full details by sending an email to info@shorts.tv.

12. THIRD PARTY SITES
The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

13. CHANGES TO THE TERMS
We reserve the right to change these Terms from time to time and your continued use of the Site following such change shall be deemed to be your acceptance of any such change. It is your responsibility to check these Terms regularly to determine whether they has been changed. If you do not agree to any change in the Terms, then you must immediately stop using the Site.

14. SEVERABILITY
Each provision of these Terms 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.

15. NO WAIVER
No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.

16. CHOICE OF LAW AND JURISDICTION
16.1. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Site.

16.2. These Terms 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 Terms were last updated on 1st May 2018.

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