Terms & Conditions For Users Of Warner Bros. International Television Production Website
Please read these Terms of Use carefully before using this site.
By using this website, the Warner Bros. International Television Production Website (the “ Site ”) you agree to abide by these terms and conditions (“ Terms of Use ”). If you do not agree with the Terms of Use you are not permitted to use the Site. Warner Bros International Television Production, a division of Warner Bros. Entertainment Inc. (" WBITVP ") reserve the right, in their sole discretion, to modify, alter or otherwise change the Terms of Use at any time, therefore, any time you enter this Site make sure to check this Terms of Use Agreement for any updates.
About The Site
The Site is owned, controlled and operated by WBITVP, and is a secured trade website for registrants authorized by WBITVP (“ Users ”) to use in order to view, download and/or otherwise utilize certain creative, publicity and other marketing materials relating to television product for which WBITP owns and/or controls distribution rights (“ Content ”). Users have the non-exclusive right to use Content subject to the restrictions on use set forth in these Terms of Use and any other restrictions communicated by WBITVP in the territory or territories for which WBITVP has granted the User access to the Site and Content (“ Territory ”).
Use Of Content
The Content and other Information (as defined below) made available on the Site may be used by you only for the purposes set forth in this Terms of Use. You agree to comply with the Terms of Use and all policies, restrictions and procedures posted by WBITVP on the Site from time to time regarding the use, publication, posting and/or dissemination of such Content. Unless agreed otherwise in writing in advance by WBITVP, if you are granted use of the Site by WBITVP, you must observe (and ensure that everyone within your organization who has use of the Site is aware of and observes) (a) any specific requirements set out on the Site in relation to any particular Content; and (b) the following:
•You may only use the Site and/or Content for the purpose of (i) reviewing and/or educating yourself about the Content; (ii) presenting the Content to prospective licensees for the purposes of promoting the availability of the Content for licensing purposes in the Territory;
•The Content may not be broadcast or otherwise communicated to the public without the prior written approval of WBITVP. Subsequently, the Content shall not be sold, loaned, transferred and/or syndicated to any third party without WBITVP’s prior written approval.
•Content must only be used during the period for which it is available on the Site. The Content must be stored safely to prevent unauthorized use, access or copying during this time and then destroyed or returned to WBITVP on WBITVP’s request
•Any use of the Content must include all logos, symbols, credits, artwork, copyright notices and/or other wording requested by WBITVP and/or included with the Content on the Site.
•The Content may not be altered, resequenced, reordered, decompiled, edited or modified in any way (including, without limitation, by altering any encryption, or any burnt-in/embedded warnings or watermarks, whether visible or invisible, and however located, encoded or displayed). You must first obtain written permission and approval from WBITVP for any changes to the Content.
•The Content, or any elements thereof, may not be used to create new works of any kind or nature, including, without limitation, those which are derivative of the Content without prior written approval from WBITVP in each case
•All rights not expressly granted to you are reserved exclusively to WBITVP and you agree not to use any Content in any way not authorized. You further acknowledge and agree that WBITVP owns and retains all right, title and interest in each and every copy of the Content made by you or on your behalf.
Contact Information
Should you require WBITP’s assistance, such as with your Account Information (as defined below) or Registration Information (as defined below), with instructions on how to use the Site or with any questions about whether your proposed use of the Content is permitted under these Terms of Use, please contact WBITP at the following dedicated email address: admin@wbitvp.com
Registration
In order to use the Site, you must first provide the information required to complete the registration request on the registration request page (“Registration Request”), and WBITVP must approve your Registration Request. WBITVP reserves the right at any time, in its sole discretion, without notice, to deny access to the Site or any part thereof, not to approve the Registration Request or to rescind a previously approved Registration Request. You agree, at all times, to: (a) provide current, complete, true and accurate Registration Information; (b) maintain and update your Registration Information as required to keep it current, complete and accurate; and (c) provide additional information about you and your organization which is pertinent to your use of the Site and the Content thereon, as may be requested by WBITVP from time to time.
User IDs & Passwords
WBITVP reserves the right to require you to periodically change your user identification and password or to require you to comply with additional or different access and authentication requirements. You agree to exercise reasonable care and control to maintain the security of your user identification and password and account with WBITVP (collectively, " Account Information "). You shall not disclose your Account Information to anyone else, and you shall not use anyone else's Account Information, even if WBITVP has granted such person or someone from his or her organization access to the Site. You agree to notify us immediately about any unauthorized use of your Account Information and/or the Content, any breach of security, such as for example only, someone stealing your Account Information, someone gaining unauthorized access to the Site by using your Account Information and/or someone hacking into the Site through a security breach affecting your computer, network, hardware and/or software.
Privacy
In part to optimize web pages for each User's computer, and thereby to provide an enhanced online experience, certain non-personal information concerning the visitors to WBITVP's Web Site is recorded through the standard operation of WBITVP's Internet servers. (Information tracked includes without limitation the type of browser being used by the visitor, the type of operating system being used by the visitor, and the domain name of the visitor's Internet service provider.) E-mail addresses and other personally identifiable data about visitors to this site are known to WBITVP only when voluntarily submitted by visitors.
Personally identifiable information that may be collected in connection with Users’ registration on and use of the Site is retained by WBITVP solely for the purpose of operation of the Site or for the purposes for which you provided it. Generally, we will process your personal information when considering your application for access to and use of the Site, when processing, tracking and managing your use of the Site and downloading Content from the Site, when processing your requests and otherwise managing your account, when reviewing your feedback, if any, and when responding to your enquiries.
Any personal information that we collect is stored on servers located in the United Kingdom and may be accessed by WBITVP affiliates outside of the United Kingdom for the purposes stated above. Where your personal data is transferred to or accessed from outside of the United Kingdom, we will take reasonable steps to ensure that we have necessary measures in place to ensure that your personal information is adequately protected. Where you provide personal information relating to another individual (for instance where you provide contact details for another individual) please ensure you have obtained consent of the relevant individual before submitting their personal data to us. WBITVP shall not transfer any personally identifiable information relating to Users outside of the Warner Bros. Entertainment Inc. group companies.
Security & Hacking
You shall not violate or attempt to violate or authorize anyone else to violate or attempt to violate the security of the Site or to disrupt or interrupt the operation or interactivity of the Site. Violations of the foregoing may result in civil or criminal liability. You are solely responsible for the security of your communications to and through the Site.
Intellectual Property Rights & Restrictions
The Site and all materials on the Site (including but not limited to, the Content and other information, such as text, images, graphics, icons, illustrations, photographs, designs, logos, audio clips, and video clips) (“Information”) are subject to copyright, trademark, service mark and/or other intellectual property or proprietary rights (collectively, " Intellectual Property Rights "), and all such Intellectual Property Rights are owned and controlled by WBITVP, its parent and/or affiliated companies, or by other parties that have licensed their material to WBITVP, its parent and/or affiliated companies. Use of the Intellectual Property on this Site for any purpose other than as permitted under this Terms of Use constitutes a violation of the applicable Intellectual Property Rights and is prohibited. The Content may not otherwise be modified, copied, reproduced, published, republished, uploaded, posted, transmitted, retransmitted, distributed, sold or publicly exhibited, in whole or in part, in any manner without the prior written authorization of WBITVP in each case. The compilation of all content on this Site is the exclusive property of WBITVP and international copyright laws. Also, to the extent permitted by applicable laws, decompiling, reverse engineering, disassembling or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based in whole or in part on such software, is prohibited. You acknowledge and agree that you do not acquire any ownership rights by virtue of accessing and/or downloading any content or material from the Site and that all rights not expressly granted hereunder are expressly reserved to WBITVP. Without limitation to the foregoing, the use of any Content or any other website and/or networked computer environment is prohibited.
Submissions By You
To the extent that you submit any emails, notes, messages, postings, ideas, suggestions, concepts, documents, tables, diagrams, synopsis, artwork, images or other materials (collectively, " Submissions "), such Submissions shall be deemed irrevocable gifts to WBITVP and shall become the property of WBITVP, and WBITVP shall, subject to any intellectual property rights or contractual obligations of which you advise WBITVP in writing with the Submission, be exclusively entitled to use and exploit the Submissions (without payment to, consideration for, or liability to the individual or entity responsible for the Submissions) throughout the universe in perpetuity or for the duration of legal protection, as applicable, in all media, markets and languages, and in any manner, for any purpose, and through any methods or means now known or hereafter devised.
You hereby represent and warrant that: (i) you hold all the necessary rights, licenses, consents and permissions required to make any and all Submissions that you submit; (ii) any and all Submissions that you submit do not violate, breach or infringe any laws, regulations or codes or otherwise infringe anyone’s legal rights (including, but not limited to, those of confidentiality, defamation, libel, personality, publicity, privacy and intellectual property).
Publicity & Confidentiality
Users shall in no event make, cause or authorize the disclosure, by any means and/or media, of any news stories, public announcements, public communications, public references, advertisements, claims of endorsement, or trade references relating directly or indirectly to the Site and/or the Content except as expressly permitted pursuant to this Terms of Use or any Other Agreements (as defined below).
Termination
Without limiting any of WBITVP’s other rights herein to control access to and use of the Site, either you or WBITVP may terminate this agreement without notice for any reason at any time. WBITVP may and will terminate your access to, and use of, the Site immediately, if, in its sole discretion, WBITVP believes that your conduct fails to conform to these Terms of Use. WBITVP reserves the right to investigate suspected violations of these Terms of Use.
Warranty Disclaimer
YOU ACKNOWLEDGE THAT YOU ARE A “PROFESSIONAL” AND NOT A “NON-PROFESSIONAL” OR A “CONSUMER” FOR THE PURPOSES OF APPLICABLE LAW.
YOU USE THE SITE, THE CONTENT, THE INFORMATION SOLELY AT YOUR OWN RISK. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE CONTENT, THE SITE, THE INFORMATION, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION OR COMPATIBILITY. WBITVP DOES NOT WARRANT THAT THE SITE, THE CONTENT, ANY SOFTWARE, INFORMATION, OR ANY PART THEREOF, WILL BE AVAILABLE, COMPATIBLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, THAT ERRORS OR DEFECTS IN THEM WILL BE DISCOVERED OR CORRECTED, OR THAT THEY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
WBITVP DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SITE, THE CONTENT, THE INFORMATION REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF WBITVP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Jurisdictional Issues
You and WBITVP each agree that the substantive laws of England will govern with respect to all matters relating to or arising out of this Terms of Use, or the use (or inability to use) the Site, and that such laws will apply without regard to principles of conflict of laws. You and WBITVP agree and hereby submit to the exclusive jurisdiction of the Courts of England.
WBITVP does not warrant or represent that the Site complies, in whole or in part, with any foreign laws, if and to the extent that foreign laws are applicable. Those who choose to access the Site from locations outside of the United Kingdom do so at their own risk, and WBITVP disclaims all liability associated with such access.
Severability
Should any of the terms and conditions herein be held invalid, that invalid provision shall be construed to be consistent with the applicable law, and in a manner so as to remain consistent with the original intent of WBITVP. Provisions not otherwise held invalid shall remain in force and effect.
Other Agreements
If you are currently a party to, or become a party to, another agreement with WBITVP that governs your access to and use of any of the Content and Information available on or through the Site, the terms of that agreement will supersede this Terms of Use to the extent inconsistent.
Submissions, Postings and E-mails
The Warner Group is interested in hearing from you regarding your questions or comments about our Site. However, the Warner Group does not accept or consider unsolicited submissions of any kind (e.g. scripts, treatments, concepts, or any other materials) in any format, by any means of transmission (including email). Any such submissions are either returned to the sender without being reviewed and/or deleted or discarded without being reviewed. Therefore, please do not send any unsolicited submissions to any member of the Warner Group.
From time to time, areas on this Site may expressly request submissions of concepts, stories, or other potential content from you (” Invited Submissions ”). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on this Site to govern those submissions (” Additional Terms ”), as they will affect your legal rights. Unless otherwise stated in any Additional Terms, you hereby irrevocably assign to the Warner Group, all rights throughout the world and in perpetuity, or for the maximum period permitted by law, in any Invited Submissions that you make including without limitation, all and any ideas, suggestions, themes, characterisations, concepts, drawings, designs, images, film, video, software, music, text, stories, dialogue, titles and other material contained therein. Unless otherwise agreed in writing with the Warner Group, such assignment shall be royalty free and you hereby agree not look to the Warner Group for any remuneration. To the extent permitted by applicable law, you waive all moral rights in respect of the Invited Submissions which you now or at any time are entitled in any part of the world and confirm that no such rights have been asserted.
The Warner Group shall be entitled to use, reproduce, edit, re-edit, modify, adapt, publish, translate, license, create derivative works from and distribute or incorporate all or any part of the Invited Submissions (without payment to, consideration for, or liability to you) throughout the universe for any purpose and in any and all media, markets and languages, in any manner and through any method, form, medium or technology now known or later devised to the extent permitted by applicable law.
Furthermore, you undertake, represent and warrant that (i) you hold all the necessary rights, licensees, consents and permissions, required to make any and all Invited Submissions that you submit and to grant the assignment above; and (ii) any and all Invited Submissions that you submit do not violate, breach or infringe any laws, regulations or codes or otherwise infringe anyone’s legal rights (including, without limitation, those of intellectual property, moral rights, confidentiality, defamation, libel, personality, publicity and privacy).
Both the Terms of Use and any Additional Terms apply in full to any Invited Submissions you make. To the extent there is any conflict or ambiguity between these Terms of Use and any Additional Terms, the Additional Terms shall prevail.
If no Additional Terms govern those submissions, then these Terms of Use will apply in full to any Invited Submissions you make.
In any event, any material you send to us including, without limitation, Invited Submissions, will not be treated as confidential.
Please act responsibly when using this Site. You may only use this Site and its contents for lawful purposes and in accordance with applicable laws and you are prohibited from storing, distributing or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users without obtaining their prior consent to do so. You recognise that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by the Warner Group) or privately transmitted on or through this Site are the sole responsibility of the sender, not the Warner Group, and that you are responsible for all material you upload, post or otherwise transmit to or through this Site.
We at the Warner Group require that you do not post e-mails or submit to or publish through Forums or otherwise make available on this Site any content, or act in a way, which in our opinion:
(a)libels, defames, invades privacy, stalks, is obscene or vulgar, pornographic, racist, abusive, harassing, threatening or offensive;
(b)disparages, criticises, belittles, parodies or otherwise portrays in a negative light any actor or character appearing in the content;
(c)seeks to obtain personally identifiable details from children or otherwise seeks to exploit or harm children by exposing them to inappropriate content;
(d)infringes any intellectual property or other right of any entity or person (alive or deceased), including, without limitation, violating anyone’s copyrights or trademarks or their rights of publicity;
(e)violates any law or may be considered to violate any law;
(f) transmits information which you do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement) or otherwise contains personal information relating to another individual and you have not obtained such individual’s consent to disclose such information;
(g) advocates or promotes illegal activity;
(h) impersonates, misleads or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
(i) advertises any commercial endeavour (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles, draws or contests, displaying sponsorship banners, and/or soliciting, whether directly or indirectly, goods or services) except as specifically authorised by the Warner Group on this Site;
(j) solicits funds, advertisers or sponsors;
(k) includes programs which contain viruses, worms, ‘time bombs’ and/or ‘Trojan horses’ or any other computer code, files or programs designed to interrupt, harm, overload, collapse, destroy or limit the functionality of any computer software or hardware or telecommunications;
(l) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Site;
(m) copies any other pages or images on this Site except with appropriate authority;
(n)includes MP3 or other music format files unless specifically authorised by the Warner Group in writing;
(o)amounts to a ‘pyramid’ or similar scheme;
(p) amounts to ‘data warehousing’ (i.e., using any web space made available to you as storage for large files or a large amount of data which are only linked from other sites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us;
(q) disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site;
(r) contains the image of any person without their written permission to post the image on the Service; or and/or
(s) contains links to other sites that contain the kind of content, which falls within the descriptions set out at (a) to (r) above.
In addition, you are prohibited from removing any sponsorship banners or other material inserted by the Warner Group anywhere on this Site (e.g., on any web space made available for your use).
You understand that by using the Site, you may be exposed to materials that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of materials found on the Site. You further acknowledge and agree that you will not rely on any content available on or through the Site, or use such content as a substitute for professional advice.