This site is owned and operated by Films at 59 Limited whose office is located at:

59 Cotham Hill,
Cotham
Bristol
BS6 6JR

1. Definitions

In these terms and conditions:

"our site" means our precedents on the internet;

"our" "we" and "us" means Films@59 Limited and, where applicable, its officers, employees and authorised agents;

"you" and "your" include any business with which you are associated and on behalf of which you use our website ("your business")

2. Terms of Use

Each time you use or cause access to this website, you agree to be bound by these Terms of Use, and as amended from time to time with or without notice to you. In addition, if you are using a particular service on or through this website, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms of Use. Please see our Privacy Policy, which is incorporated into these Terms of Use by reference.

3. Our Service

3.1

Our web site and services provided to you on and through our web site on an "AS IS" basis. You agree that the owners of this web site exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this web site and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.

3.2

We will:

3.2.1

exercise reasonable care in compiling our website;

3.2.2

use reasonable efforts to make our website available to you at all times; and

3.2.3

take the steps set out in our privacy policy to endeavour to secure any personal data and credit card information you give to us.

4. Your Responsibilities and Registration Obligations

In order to use this web site, you must register on our site, agree to provide truthful information when requested. When registering, you explicitly agree to our Terms of Use and as may be modified by us from time to time and available here. You agree that you will use website only for your internal business purposes and that you shall not exploit our website or any of its contents for any commercial purposes unless this has been agreed in writing with us.

5. Privacy Policy

You agree that we may collect, store and use information about you in accordance with our Privacy Policy. You acknowledge and agree to be bound by the terms of our Privacy Policy.

6. Registration and Password

You agree the only user name or login name and password that you are provided by us in order to access our website ("Confidential Information") as well as any Content you may have access to on our website is confidential. Your use of the Confidential Information shall be at all times only in accordance with the express purpose listed on registration form or as otherwise expressly permitted by us. You will not authorise any third party to access or use our website without our express permission. All Confidential Information shall remain our exclusive property and the terms of this Agreement shall apply to all Confidential Information, whether provided in oral or written form, and regardless of whether the Confidential Information is otherwise protected under copyright, trade mark or other proprietary property laws.

You agree to keep all Confidential Information in strict confidence in perpetuity, except to the extent required by law, and to take all reasonable precautions to prevent the disclosure of the Confidential Information to anyone. You assume liability for damages arising from any breach of these terms including unauthorised use or disclosure of the Confidential Information by your agents or employees. In the event of any breach, or threatened breach, of this Agreement we shall be entitled, in addition to all other available remedies, to specific performance and injunctive or other equitable relief as well as direct, indirect and consequential damages. It is agreed that no failure or delay by us in exercising any right, privilege or power hereunder shall operate as a waiver of this Agreement, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, privilege or power hereunder. The provisions of this clause shall continue in perpetuity. We may terminate your right to access and use the Confidential Information at any time for any reason.

7. Your Conduct

7.1

You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("Content"), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that our web site may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission.

7.2

You explicitly agree, in using this website or any service provided, that you shall not:

7.2.1

provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libellous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;

7.2.2

impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you

7.2.3

collect or harvest any data about other users;

7.2.4

provide or use this web site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;

7.2.5

provide any Content that may give rise to our civil or criminal liability or which may consititue or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.

8. Submission of Content on this Website

By providing any Content to our web site you agree that:

(a) All rights of the producer of any Content contained within this web site are reserved. Such license will apply with respect to any form, media, technology known or later developed;

(b) You acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice.

9. Third Party Services

Goods and services of third parties may be advertised and/or made available on or through this web site. We have no control whatsoever over:

(a) the quality, legality or safety of any advertised items or of any other characteristics upon which you may choose to rely;

(b) the accuracy of any statement made by any of the third parties; and/or

(c) the capacity of the third party to contract with you.

Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties and in recognition of this, you waive any claim you may have against us that is connected with a dispute you may have with any third parties. This waiver shall not apply in the event of any fraud or wilful misrepresentation by us.

10. Indemnification

You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney's fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this web site or service, your provision of Content, your violation of this Terms of Use or any other violation of the rights of another person or party.

11. Disclaimer of Warranties

11.1

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11.2

WE MAKE NO REPRESENTATION OR WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. WE DO NOT REPRESENT OR WARRANT TO YOU THAT OUR WEBSITE OR ANY OF ITS CONTENTS WILL BE ACCURATE, COMPLETE OR RELIABLE OR THAT ANY SERVICES (WHETHER OR NOT PROVIDED BY US) WILL BE PROVIDED WITH DUE CARE AND SKILL. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.

11.3

Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.

12. Limitation of Liability

12.1

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF:

12.1.1

THE USE OF OR THE INABILITY TO USE THE SERVICE;

12.2.2

THE COST TO OBTAIN SUBSTITUTE SERVICES;

12.2.3

UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS;

12.2.4

STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;

12.2.5

THE UNAVAILABILITY OF OUR WEBSITE OR OUR SERVICES;

12.2.6

ANY DELAY IN PROVIDING OR FAILURE TO PROVIDE OR MAKE AVAILABLE SERVICES OR ANY NEGLIGENT PROVISION OF SERVICES;

12.2.7

ANY MISREPRESENTATION ON OR RELATING TO OUR WEBSITE OR THE SERVICES (OTHER THAN A FRAUDULENT MISREPRESENTATION MADE BY US OR ON OUR BEHALF)

12.2

Our maximum liability to your business in respect of your use of our website or any services we provide or make available to you through or in relation to our website will be the amount of any fees paid on behalf of your business to us in respect of the transaction which may have been affected.

12.3

You agree that each of these limitations is reasonable having regard to the nature of our website and then particularly given that when you transfer information or use our services you will enter into a separate contract with us in each case.

12.4

None of the exclusions or limitations in this clause 11 shall exclude or restrict our liability for death or personal injury caused by our negligence.

12.5

None of the above exclusions shall affect any statutory rights which are not capable of being excluded. However, in such case our obligation, where permitted by law, will be limited to the resupply of our website or services to you.

12.6

Each of the above exclusions or limitations shall be construed as separate, and severable, provision of these terms and conditions.

13. Reservation of Rights

We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.

14. Notification of Copyright Infringement

If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted at the following address:

Click to contact our webmaster

15. Applicable Law

You agree that this Terms of Use and any dispute arising out of your use of this web site or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this web site is located, without regard to its conflict of law provisions. By registering or using this web site and service you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of the owner of this web site is located.

16. Miscellaneous Information

16.1

In the event that this Terms of Use conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Terms of Use will remain valid and intact;

16.2

The failure of either party to assert any right under this Terms of Use shall not be considered a waiver of any that party's right and that right will remain in full force and effect;

16.3

You agree that without regard to any statue or contrary law that any claim or cause arising out of this web site or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred;

16.4

We may assign our rights and obligations under this Terms of Use and we shall be relieved of any further obligation.

17. Events Beyond our Control

We shall not be liable to you for any breach of these terms and conditions of use or any failure to provide or delay in providing our services through our web site resulting from any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, fire, explosion or accident.

18. Unenforceability

The enforceability or otherwise of any provisions of these terms and conditions shall not affect the enforceability of the rest of these terms.