Terms and conditions
Dated October 2018
Welcome to bbcstudios.com/sales. This website (the “Site”) is managed by BBC Studios Distribution Limited a company incorporated in England and Wales with company number 01420028, whose registered office is at 1 Television Centre, 101 Wood Lane, London W12 7FA.
A Customer is any person given access to the Site in accordance with these Terms and Conditions. Any reference to “you”, “your” means you a Customer.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING ANY OF THE SITE. These Terms and Conditions govern your access to and use of the Site and constitute an agreement between you and STUDIOS, by entering the Site you accept these Terms and Conditions and are legally bound by them. These Terms and Conditions are subject to change at any time, and it is your responsibility to check these Terms and Conditions regularly in case there are any changes. Continuing to use the Site after a change has been made constitutes your acceptance of the changes.
If these Terms and Conditions are not accepted in full, you do not have permission to access the contents of the Site and therefore the use of this Site must be terminated immediately.
2. Intellectual Property Rights
All rights, including copyright and database rights, in this Site and its contents (including but not limited to all text, images, software, illustrations, artwork, high resolution photography, video clips and audio clips) are owned by or licensed to STUDIOS, or otherwise used by STUDIOS as permitted by applicable law.
The names, images and logos identifying the BBC, STUDIOS or third parties and their products and services are the proprietary marks of BBC, STUDIOS and/or third parties.
For the avoidance of doubt, nothing in these Terms and Conditions will operate to transfer or license any rights owned by STUDIOS in any BBC, STUDIOS or any other third party trade-marks or logos and any rights owned by STUDIOS as owner or on behalf of licensors as licensee as appropriate in the Site and its contents.
3. Limitations On Use
This is a business-to-business Site that is primarily intended to provide information about STUDIOS's products and services to current and potential Customers of STUDIOS in the broadcast industry. The Site is not for personal use by individuals or for use in any way that is unlawful, or harms the BBC or STUDIOS or any person or entity, as determined by STUDIOS in its sole discretion.The materials on the Site are only made available to potential Customers to view via the Site, or to share with other potential Customers who are registered with the Site via the internal sharing tools. Under no circumstance are you permitted to share, copy, duplicate, take copies or in any other way replicate or distribute any of the materials contained on the Site, with the exception of the information sheets which you may download for your own use only.
The Site is also intended as a catalogue of material which is available to be licensed by STUDIOS’s Customers only.
Other than as set out above any other use of the Site or its contents requires the prior written permission of STUDIOS.
4. Customer Registration And Accounts
In order to register with the Site you are required to complete the registration form and submit the same for STUDIOS approval.
You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by STUDIOS’s registration process. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information or another person’s name. You acknowledge and agree that STUDIOS may take steps to verify the accuracy of the information you provide. You also agree to promptly notify STUDIOS at the address set out in Section 14.14 of any unauthorised use of your username, password, other account information or any breach of security that you become aware of involving or relating to the Site.
You must maintain the confidentiality of your username, password and your account and are responsible for doing so and for all activities that occur under your account.
STUDIOS has access to each account and may view each customer’s viewing history, any Playlists and/or Notes created (both as defined in Section 5 below).
STUDIOS may suspend and/or terminate (either in whole or in part) your use of any user name, password or this Site immediately for misrepresenting your identity, for otherwise failing to comply with these Terms and Conditions, for infringing copyright or for any other reason whatsoever.
5. Notes And Playlists
5.1 Where the functionality of the Site permits, you can make/post notes against programmes (“Notes”) which you can chose to share with your colleagues who have valid Site accounts. You acknowledge that any Notes made are made at your own risk. STUDIOS is not responsible or does not endorse the opinion, advice or recommendations made by other Customers on the Site and disclaim any liability in connection with such Notes.
STUDIOS reserves the right to screen, refuse to post, remove or edit any Notes from time to time for any or no reason.
You will not post any Note that is defamatory, constitutes a contempt of court or misuse of any confidential information or which might in anyway bring STUDIOS and/or the BBC into disrepute.
5.2 You can create your own playlists of programmes on the Site (“Playlist(s)”) which can be saved and viewed later by you on the Site and/or shared via email with colleagues who have a Site account. For the avoidance of doubt, the programmes on a Playlist will only be viewable on the Site by Customers with valid accounts.
5.3 STUDIOS can also create and share Playlists with its Customers.
You shall indemnify STUDIOS, its affiliates and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of these Terms and Conditions or your unauthorised use of any content from this Site.
Limitations, Exclusions and Disclaimers
This Site and the content, information, names, images, pictures, logos and icons regarding or relating to the BBC and/or STUDIOS, its products and services (or to third party products and services), is provided “AS IS” and on an “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
The Site is for information only. Nothing on this site amounts to an offer by STUDIOS to supply any goods or services. The fact that a particular product or service is featured in the catalogue does not necessarily mean that it is available.
STUDIOS does not warrant that the functions or the material contained in this Site will be uninterrupted or error free, that defects will be corrected, or that this Site or the server or any software or other device that makes it available are free of viruses or bugs.
STUDIOS does not warrant or represent the full functionality, accuracy or reliability of the materials.
STUDIOS may change the Site or delete content or features at any time, in any way, for any or no reason in its sole discretion.
The limitations, exclusions, and disclaimers in this Section and elsewhere in these Terms and Conditions apply to the maximum extent permitted by applicable law.
Limitations of Studios Liability
Subject to damages for death or personal injury or any other loss which is not permitted to be excluded by law, in no event will the BBC and/or STUDIOS be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever (whether such losses were foreseen, foreseeable, known or otherwise) arising from use or loss of use, data, loss of revenue or anticipated profits, loss of business, loss of opportunity, loss of goodwill or injury or reputation or profits, whether in action of contract, negligence or other tortious action, arising out of or in connection with the use of the Site, any software on the Site or download of any material.
Events beyond studio's reasonable control
STUDIOS will be in no way liable to Customers for any delay or failure in performance which is due to a so-called act of God, strike or other official or unofficial labour dispute, union action, riot or civil commotion or any other cause outside its reasonable control, including (without limitation) directives from the DCMS, OFCOM or other government or regulatory body.
This Site may contain links to external websites. STUDIOS is not responsible for the content of external websites. STUDIOS does not produce or maintain these websites and therefore will accept no responsibility in respect of the material on such websites. Inclusion of a link to an external website does not imply any endorsement by or affiliation with STUDIOS of the website, its content, any product or service its operators may provide.
STUDIOS may terminate these Terms and Conditions at its sole discretion without cause at any time with immediate effect.
Customer may terminate these Terms and Conditions at its sole discretion without cause at any time with immediate effect by ceasing to use the Site.
On the termination of these Terms and Conditions, all rights granted to the Customer under the Terms and Conditions will cease immediately and any use of the Site and/or its contents by the Customer will cease immediately and the Customer will destroy all materials obtained from the Site and all copies thereof, whether made under these Terms and Conditions or otherwise.
The provisions of these Terms and Conditions which by their nature should survive the termination of these Terms and Conditions, shall survive such termination.
You must keep the information contained on the Site confidential and must not disclose details of any of the programmes (including but not limited to plotline, casting, locations, information sheets) or any other associated information with any third party without the written consent of STUDIOS, except where:
- you are sharing the information with someone else who has access to the Site; or
- disclosure is required by any law, stock exchange rule, regulation, court order or governmental agency, in which case you must tell us as quickly as reasonably practical (and if possible prior to making any disclosure) and use your reasonable endeavours to ensure such information is treated confidentially.
14.1 These Terms and Conditions and any contract arising between STUDIOS and you as a result of your use of this Site shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising here from shall be exclusively subject to the jurisdiction of the courts of England and Wales. Notwithstanding the foregoing, you agree that STUDIOS has the right in its discretion to commence any action in any non-UK jurisdiction in order to obtain injunctive or other relief, in the event that in STUDIOS’s opinion, it is desirable to do so.
14.2 Nothing in these Terms and Conditions will be construed as creating a partnership, joint venture or agency relationship between STUDIOS and the Customer.
14.3 Any failure or delay by STUDIOS in exercising its rights under any provisions of these Terms and Conditions will not be construed as a waiver of those rights.
14.4 These Terms and Conditions do not create or confer any rights on third parties under the Contracts (Rights of Third Parties) Act 1999 (as may be amended or replaced).
14.5 These Terms and Conditions are personal to the Customer and will not be assigned or otherwise transferred in whole or in part by the Customer.
14.6 If any part of these Terms and Conditions is proven to be invalid, unenforceable or illegal, the other provisions will remain in force.
14.7 If there is any conflict between these Terms and Conditions and/or specific terms appearing elsewhere on this Site relating to specific material then the latter shall prevail.
14.8 These Terms and Conditions, including any additional terms, supersede all prior agreements and understandings between the parties concerning its subject matter and constitute the entire agreement between the parties.
14.9 If you have any comments or complaints about the Site you can contact STUDIOS at the address set out in Section 14.14 below.
14.10 If you receive any enquiries which relate to STUDIOS, the Site and/or its contents, you should promptly refer such enquiries to STUDIOS at the address set out in Section 14.14 below.
14.11 If you think that certain content should not be appearing on the Site then please contact us at the address set out in Section 13.13 below.
BBC Studios Distribution Limited, company number 01420028, registered address 1 Television Centre, 101 Wood Lane, London, United Kingdom, W12 7FA