IMPORTANT LEGAL NOTICE
This legal notice applies to the entire contents of the website under the domain name www.filmfactorylibrary.com (the “Website”).
Please read these terms and conditions carefully before using the Website. By accessing any part of the Website you agree to be bound by these terms and conditions in full (which shall take effect immediately on your first use of the Website) regardless of whether or not you choose to register with us or use any of our services.
If you do not agree to be legally bound by these terms and conditions, please do not access and/or use the Website. We may revise these terms and conditions at any time and you are advised to revisit these terms and conditions each time you access any part of the Website as the current terms and conditions will be binding on you. This notice is issued by Film Factory Library (the “Company”).
PROPERTY RIGHTS
The copyright and other intellectual property rights in all material on the Website (including, without limitation, photographs and graphical images) are owned by the Company or its licensors. This material is protected by various copyright laws and treaties around the world.
IMAGE USAGE:
Although effort has been taken to ensure that images and particulars presented on this website, www.filmfactorylibrary.com are accurate and up-to-date, the viewable images in the location library are no guarantee of the condition of the location or that the colour scheme or furnishings remain the same.
The Company therefore disclaims (to the fullest extent permitted by law) all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone informed by any of its contents.
Copies or extracts of pages from the Website may be downloaded or printed for your own non-commercial, personal or professional use and for reference only. Material on the Website must not be used for external commercial purposes nor edited or altered in any way without seeking prior written permission from the Company.
Film Factory Library will retain the copyright of any photographs taken of the property by Film Factory Library Ltd.
SECURITY ACCESS:
If you are provided with user information and/or a password or any other information relating to the security procedures in connection with the Website you must treat this information as strictly confidential at all times and may only disclose such information to a third party for the purposes of and when associated with a specific project, provided that sufficient care is taken by you to ensure compliance with these terms and conditions by that third party and that such information/access is not abused by that third party. Users shall remain responsible for all actions when access to the Website is obtained through the use of your user information and/or password (whether authorised or unauthorised).
RECCES:
The Company strongly advises that the location is visited by a representative of the hirer prior to the shoot taking place to establish first hand the suitability and availability of the location. The Company, any appointed agent or the location owner cannot be held liable for any loss, damage or inconvenience caused by the unsuitability of the location.
It is the responsibility of the hirer to ascertain whether the location requires any additional permissions (and if so, that these are in place prior to the shoot taking place), be it in relation to areas adjacent to the location, from the local authority or other third parties, in order to facilitate the shoot.
The Company insists that a qualified Location Manager be employed by the Hirer to oversee the Shoot/Event, to undertake a recce, to organise access, parking, permissions and responsible care of the Property. Responsibility for the obtaining of permissions, notification of relevant authorities, and the notification of neighbours, rests entirely with the Hirer.
The Company will not be liable for any loss or damage suffered by the Hirer or the Owner as a result of the Hire, or the cancellation of the Hire. The total extent of the Company’s liability shall in any event not exceed the total of the Company’s Charges and/or Commission if applicable.
UPLOADING MATERIAL:
Any material uploaded to the Website by Film Factory Library will be considered non-confidential and non-proprietary and the Company and its licensors shall have the right to copy, disclose, incorporate, distribute and otherwise use such material in any way (including within the Website, whether on private pages or within the location library) for any commercial and non-commercial purposes.
For the avoidance of doubt, if you do not want to grant the Company and its licensors the rights set out above, please do not send to the Film Factory Library for uploading.
WEBSITE ACCESS:
Every effort is taken to ensure access to the Website is available 24 hours a day; however the Company shall not be liable if for any reason the Website is unavailable at any time or for any period. Access to the site may be suspended temporarily and without notice in case of system failure, maintenance or repair or for reasons beyond the Company’s control.
SECURITY ACCESS:
If you are provided with user information and/or a password or any other information relating to the security procedures in connection with the Website you must treat this information as strictly confidential at all times and may only disclose such information to a third party for the purposes of and when associated with a specific project, provided that sufficient care is taken by you to ensure compliance with these terms and conditions by that third party and that such information/access is not abused by that third party.
For the avoidance of doubt, you shall remain responsible for all actions when access to the Website is obtained through the use of your user information and/or password (whether authorised or unauthorised).
LIABILITY:
The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Company’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website. Nothing in these terms and conditions shall exclude or limit the Company’s liability for (i) death or personal injury caused by negligence or (ii) fraud; or (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
VIRUSES:
The Company shall not be liable for any loss or damage (howsoever caused and whether direct or indirect) caused by a distributed denial-of-services attack, computer virus, technical fault or other technologically harmful material that may infect your computer equipment, computer games, data or other proprietary material due to your use of the Website or to the download of any material from the Website, or on any website linked to it.
WEBSITE USE:
You agree to use the Website only for lawful purposes and shall not misuse the Website (including, without limitation, by hacking). You are prohibited from posting or transmitting to or from the Website any material that is
1.) threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or 2.) for which you have not obtained all necessary licences and/or approvals;
3.) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world;
4.) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of this clause.
FEES:
As your Agent, Film Factory Library will negotiate location hire fees on your behalf. The Owner should not discuss fees directly with the Client and we will endeavour to obtain the highest rates for the use of your Premises with careful consideration to the following: the client’s budget; the length of time on site; the type of action proposed; how many members of crew are to be present; how much inconvenience may be caused.
Film Factory Library works on commission that is paid by the Production. Commission is added on to all location hire and overtime fees agreed with the owner (and emailed to them at the time of the enquiry). Film Factory Library’s commission is variable please ask for current rate.
You will be paid on the first day of access or when the Client pays us whichever comes first. The Owner has no obligation to provide the Client with access to the Premises until the Location Hire Fee and Security Deposit have been paid in full to the Company and cleared in the Company’s bank account. Film Factory Library will invoice the Client directly.
Film Factory Library is VAT registered.
If you are VAT registered you must provide Film Factory Library with a VAT invoice before we pay you. If you are not VAT registered, we simply send you a remittance. Overtime fees will be discussed with you and stated within the Location Hire Agreement.
PAYMENT:
Any administration fees, location hire fees and if necessary, damage deposits are payable to the Company strictly in advance of the shoot in the form of cash, cheque (made payable to “Film Factory Library Ltd”), BACS or CHAPS payments. Payment will only be deemed to have been received by the Company when it has cleared into the Company’s bank account. Failure to pay the fees in full in advance of the shoot may result in access to the location being prohibited.
PREMISES HIRE AGREEMENT:
Once a location has been booked, Film Factory Library will draw up a Premise Hire Agreement which will set out, amongst other things, the rights and obligations surrounding the use of the location, the images taken and the rights of the Agent, the location owner and the hirer.
Any person signing the Premise Hire Agreement must be validly authorised to do so and anyone knowingly misrepresenting themselves to be so authorised will be liable for any damage or loss suffered by the Company and/or the location owner.
PUBLIC LIABILITY INSURANCE:
To hire any of the Premises on Locality’s database you must provide proof of valid Public Liability Insurance of a minimum of £10,000,000. The Public Liability Insurance cover must be in the same name as the Company on the Premise Hire Agreement.
Failure to provide proof of valid Public Liability Insurance and/or failure to sign and deliver the Hire Agreement in advance of the shoot will result in access to the location being prohibited.
BOOKING A LOCATION:
Availability and suitability of any given location appearing on Film Factory Library’s website can only be confirmed upon entering in to the Premises Hire Agreement. If the hirer is put in contact with an owner via Film Factory Library but chooses to negotiate directly with the owner Film Factory Library will still charge you an administration fee.
Locations provided to us by Owners will be subject to commission charges on bookings arising out of any introduction through the Agent; such charges are applicable whether or not the booking is finalised through the Agent, and apply equally to repeat bookings.
CANCELLATION OF A SHOOT:
The following actions may result in the termination of a shoot by the Company:
1.) non-payment of the location library fees, location hire fees and/or (if applicable) the damage deposit prior to the commencement of the shoot;
2.) failure to provide proof of valid Public Liability Insurance and/or failure to sign and deliver the Location Hire Agreement prior to the commencement of the shoot;
3.) the provision of inaccurate, incomplete or misleading information by the hirer in connection with the Location Hire Agreement;
4.) any breach of these terms and conditions.
GOVERNING LAW:
These terms and conditions shall be governed by and interpreted in accordance with English law and are subject to the exclusive jurisdiction of the English Courts.