Terms and Conditions — Silverprint Pictures

WEBSITE TERMS & CONDITIONS OF USE

This is <www.silverprint-pictures.co.uk> (the “Site"); a website operated, owned and controlled by ITV Studios Limited, trading as Silverprint Pictures ("ITV", "we", "us" or "our"), a company registered in England & Wales with its registered office at The London Television Centre, Upper Ground, London SE1 9LT.

The Site’s main purpose is to enable you (as the user of the Site) to (i) learn about Silverprint Pictures, our programmes and the members of our creative team, and (ii) make contact with us.

Your use of this Site (including the content and any other services provided by us from time to time) is subject to the following terms and conditions of use (the “Terms”), which you are deemed to accept by accessing the Site. If you do not agree to these Terms of Use, please do not use the Site. If you have any questions, queries or complaints about these Terms or the Site, please contact us at the email or postal address given in the "How to Contact Us" section below.

Please note that we update these Terms from time to time so please review them regularly. These terms were last updated on 16 November 2017.

1. ABOUT THESE TERMS & CONDITIONS

What do these Terms cover?

These Terms set out important information regarding your rights and obligations, and the restrictions that may apply when you use and access the Site.

Why should you read these Terms?

Please read these Terms (and any applicable third party terms of use and privacy policies) carefully before using the Site. By accessing and continuing to use the Site, you agree to be legally bound by these Terms in force at that time. If you do not agree with any of the Terms, then you should not use the Site.

Will these Terms change?

Please note that we may update and amend these Terms from time to time and the current version of these terms will be posted on the Site. The version of these Terms that is current at the time you access the Site will apply to your use of the Site. It is your responsibility to ensure you review these Terms regularly to familiarise yourself with any changes. Your use of the Site following any such changes will constitute your acceptance of the revised Terms.

Will any other Terms and Conditions apply to your use of the Site?

In addition to these Terms, the following terms and conditions may also apply to your use of the Site:

a. Service-specific Terms: Some areas of this Site or activities on this Site may be subject to additional terms and conditions ("Additional Terms and Conditions"), which you should read carefully before making any use of those areas. Such Additional Terms and Conditions, for example, may apply when entering a competition or prize draw that may be featured on the Site. The Additional Terms and Conditions will not change or replace these Terms regarding any use of this Site, unless otherwise expressly stated. If there is any inconsistency between these Terms and any such Additional Terms and Conditions, the Additional Terms and Conditions will prevail to the extent of such inconsistency.

b. Data Protection Terms: Please read our Privacy Policy and our Cookie Policy posted on our Website, which contain important information about how ITV uses any personal information about you that it receives through your use of the Site. If there is any inconsistency between these Terms and the terms of our Privacy Policy and Cookie Policy, the Privacy Policy and Cookie Policy will prevail to the extent of such inconsistency.

c. Third Party Terms: Please also see the section below entitled "Third party content and services" regarding certain pages and services that are provided on our Site and which are managed, hosted and/or operated by a third party. These pages and services shall include without limitation, any Silverprint Pictures account or pages on online platforms such as Twitter and Instagram (the “Silverprint Pictures Page(s)”), and shall also be deemed to include the Site’s host site of www.squarespace.com.

2. RESPONSBILITY FOR THE AVAILABILITY AND CONTENT OF THE SITE

Who is responsible for the availability and content of the Site?

The Site is provided on an "as is" basis. The Site is made available to you by ITV at our sole and absolute discretion. We may modify or withdraw the Site, or the period during which it is available, at any time at our sole and absolute discretion. We may do this without notice to you. We have absolute editorial control over the Site (including all the material and/or content made available by ITV via the Silverprint Pictures Pages) at all times.

3. YOUR RIGHTS AND OBLIGATIONS WHEN USING THE SITE

What must you comply with to use the Site?

If you comply with these Terms, any applicable terms (including but not limited to our Privacy Policy and Cookies Policy and any applicable Additional Terms and Conditions and/or any specific usage rules that may be posted to any material and content that you access via the Site and/or any third party terms) and with all applicable laws and regulations, you may use the Site.

What are your obligations?

You agree to access the Site solely for your private, non-commercial use. You further agree not to copy, adapt, alter or create a derivative work from any of the material contained in this Site or use any of the material for any purpose other than your personal, non-commercial use. You further agree that you will only use the Site for lawful purposes and in a manner which does not infringe the rights (i.e. copyright) of, or restrict or inhibit the use and enjoyment of the Site by, any third party.

You agree to compensate us in respect of any damages or losses suffered by us as a result of any claim made by a third party relating to: (i) your use of the Site in breach of these Terms (or any other applicable terms), or (ii) your violation of any applicable law or regulation when using the Site.

You acknowledge to us that you are authorised to agree to these Terms and any other terms that apply to the use of the Site (including but not limited to our Privacy Policy and Cookie Policy and any applicable Additional Terms and Conditions and/or any specific usage rules that may be posted in relation to any material and content that you access via the Site and/or any third party terms).

4. OUR RIGHTS, OBLIGATIONS AND LIMITS ON LIABILITY

What are our rights in relation to your use of the Site?

We reserve the right to suspend, restrict or terminate your access to all or any part of the Site at any time at our sole and absolute discretion. We may also permanently ban or temporarily suspend you from using the Site if you do not comply with these Terms or any other applicable terms, at our sole and absolute discretion.

What are our obligations and limits on liability?

Though we endeavour to ensure the accuracy of the information placed on this Site, we do not warrant or guarantee the accuracy or correctness of such information or of any other content, description or material placed on or referred to on this Site.

For the avoidance of doubt, everything on the Site is provided on an ‘AS IS’ and ‘AS AVAILABLE’ basis. We do not warrant that the Site will be free from errors or omissions nor that they will be available uninterrupted and in a fully operating condition, or free from viruses or other harmful components. Not all of the features and functionality of the Site will be available on all devices. We make no guarantee that all or any features of the Site will work on any particular device.

The Site may be suspended temporarily and without notice for any reason including without limitation in the case of system failure, maintenance or repair or due to events reasonably beyond our control. We will not be liable to you or to any other person in the event that all or any part of the Site is unavailable, discontinued, modified or changed in any way.

In addition to other specific exclusions of liability set out in these Terms, we do not accept any liability for:

a. any damage or loss caused to you while using the Site in breach of these Terms, including but not limited to where you are using the Site for purposes other than your own personal, non-commercial use;

b. any loss of data that results from your use of the Site;

c. any loss of income, revenue, business, profits or contracts that results from your use of the Site;

d. any failure, suspension and/or termination of access to the Site and/or any content in connection with or arising out of an event which is outside our reasonable control (including but not limited to strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule regulation or direction, accident or breakdown of plant or machinery, fire, flood, storm or default of suppliers, and where they are beyond our reasonable control, any other acts, events, omissions or accidents);

e. any claims brought against you by a third party except as stated in these Terms; and/or

f. any damage or loss caused to you where such damage or loss (i) is not reasonably foreseeable to you and us when you use the Site, or (ii) is reasonably foreseeable to you and us but is only indirectly related to your use of the Services; in both cases including where the damage or loss results from our breach of these Terms.

Any content or other materials included in the Site do not, and are not intended to, amount to advice on which you should rely. Consequently, we do not accept any responsibility or liability for any actions or omissions that you may take in reliance on such content or materials.

Nothing in these Terms will:

· restrict your statutory rights as a consumer (including your rights to receive a reasonable standard of service, more details about which can be obtained from your local Trading Standards Office or Citizen’s Advice Bureau); or

· limit our liability for death or personal injury resulting from our negligence or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or other liability which cannot be excluded or limited under applicable law.

5. INTELLECTUAL PROPERTY

Who owns the intellectual property in and to the content of the Site?

All rights, including copyrights in the Site and its contents are owned by or licensed to us and may not be used except as provided in these Terms. The names, images, trademarks and logos identifying us or third parties and their products and services are proprietary marks of ITV or third parties. Images of people or places displayed on the Site are either the property of or used with permission by ITV and any unauthorised use of the images may violate the law including but not limited to copyright laws, trademark laws and any laws related to privacy and publicity.

ITV will at its sole discretion enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution as and when it deems necessary.

No licence

Nothing contained in these Terms grants you a licence or a right to use any copyright, trademarks design rights, patents or other intellectual property right owned or controlled by ITV, its licensors or any third party, except to the limited extent necessary to access and use the Site. Should you choose to download, print or copy any content from this Site, you must do so only in accordance with these Terms. In all cases Silverprint Pictures must be acknowledged as the source of the material. You acknowledge that you have no right to use the content in any other manner including for commercial purposes without our express written consent.

Use of Open Source Software

Some of the software used to develop and operate the site may be offered under an open source licence that has been made available to us by SquareSpace, Inc., as the publisher and host of the Site.

6. SUBMISSIONS

Please do not send us any unsolicited original creative materials such as but not limited to screenplays, stories, original artwork, etc. (“Materials”). Any communication or Materials you send to us by any means will be treated as non-confidential and non-proprietary. Our policy is to not read or view any such Materials, and will not return but will destroy such Materials. If you do send us any Materials you expressly acknowledge that such Materials may be, or may contain ideas which are, the same as or similar to those which have been independently developed by us and/or other third parties. You accept and agree that we may have already independently developed or acquired similar projects without use of your Materials or may do so in the future and our use of such independently developed material or ideas shall not constitute a breach of copyright or confidentiality.

7. OTHER IMPORTANT POINTS TO NOTE ABOUT OUR SITE

Are my details kept safe?

We use security measures to keep details you have provided to us safe but we advise that you never reveal to others via the Site and/or the Silverprint Pictures Pages any personal information about yourself or anyone else (for example: telephone number, home address or email address). You are entirely responsible for maintaining the confidentiality of your details when using the Site and/or the Silverprint Pictures Pages.

Can you link to our Site?

You may link your website to the home page of the Site, provided that you own that website and that you do so in a way that is fair, legal and does not take advantage of or damage our reputation and any such link is for non-commercial purposes. Any such link must not, suggest or in any way give the impression that you have any commercial relationship with us, or that we have approved or endorsed such link. You may not create a link to any part of the Site other than the home page. We reserve the right to withdraw permission to link to the home page of Site at any time without notice at our sole and absolute discretion. You may not "deep-link" to pages beyond the home page without our express permission.

Can you frame our Site?

You may not frame our Site on other websites without our express written permission.

8. THIRD PARTY CONTENT AND SERVICES

Do third parties provide content and services on the Site?

Please note that certain pages and services provided as part of the Site (including the Silverprint Pictures Pages) are hosted, managed and operated by a third party. Where this is the case it will normally be indicated on the Site. The Site may contain links to other third party websites, platforms and services through advertising or otherwise, the content of which is not in our control.

Who is responsible for third party content and services?

We are not responsible for the content on any other third party site which you have accessed from the Site or which you may hyperlink from the Site. These third parties are companies wholly independent of us and are solely responsible for all aspects of any transaction you may make using such services. These third parties may have their own privacy policies and/or terms and conditions of use. Your use of such third party websites and services will be governed by their terms and conditions and privacy policies, we therefore recommend you read such terms and conditions and privacy policies and you agree to comply with them. For the contact details of the applicable third party see that third party’s terms and conditions available or referred to on the applicable platform.

You are free to choose whether or not to make use of such third party services. Consequently, we do not accept any responsibility or liability for content incorporated in our Site in this way or any actions or omissions that you may take in reliance on it. We are not responsible for the contents or availability of such third party websites or services (including the failure of any links to them). We do not endorse the material contained in their websites or services. Any links to third party services are provided for your convenience only.

If you use a third party service, you agree that: (i) we won’t be party to any transaction or contract with a third party that you may enter into; (ii) we will not be supplying those services to you; and (iii) we won’t be liable to you for any loss or damage which you may suffer by using those third party websites and/or services. You agree that you will not involve ITV in any dispute you may have with such third party websites and services.

9. OTHER GENERAL TERMS THAT APPLY

These Terms are available on the Site. We will not file or store a copy of these Terms for each interaction or transaction by you via the Site. We therefore recommend that you print and store or save a copy of the Terms for future reference.

You may not assign, sub-licence or otherwise transfer any of your rights or obligations set out in these Terms to any other person.

If we decide to exercise or enforce a right that we have against you (i.e. as a result of you breaching these Terms), it does not prevent us from doing so at a later date.

If you are dissatisfied with the Site or any content or materials on it, your sole exclusive remedy is to discontinue your use of the Site.

These Terms (including all provisions incorporated by reference in these Terms) contain the entire agreement, and supersede any previous agreement (whether oral or written), between us and you in relation to the subject-matter of these Terms. Nothing in these Terms shall limit or exclude any liability for fraud.

If any of these Terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.

These Terms are governed by and construed in accordance with the laws of England and Wales and any disputes arising from or related to the use of the Site shall be subject to the jurisdiction of the courts of England and Wales.

10. HOW TO CONTACT US

If you have any questions, queries or complaints about this Site, you can email us at info@silverprint-pictures.co.uk, or write to us at ITV Studios Limited, (trading as Silverprint Pictures), The London Television Centre, Upper Ground, London SE1 9LT, UK marked for the attention of the Head of Business Affairs, Drama.