1.1 Animation-week.com (the “Website”) is provided to you by HM Publishing (“HM Publishing”, “us”, “we” or “our”). Our registered office is at 6th Floor, 25 Farringdon Street, London, EC4A 4AB and our registered company number is 09308093.
2 USE OF THE WEBSITE
2.1 You should have read all the Terms and Conditions prior to using the Website. You should also save and/or print out a copy of these Terms and Conditions for your future reference.
2.2 We may from time to time vary the Terms and Conditions. The revised Terms and Conditions will be available via the Website. Please check our Terms and Conditions regularly to ensure you are aware of any variations we may make. If you continue to use our Website, you will be deemed to have accepted such variations. If you do not agree to such variations, you should not use our Website.
3 WEBSITE CONTENT
3.1 This Website is directed at individuals who are involved or otherwise interested in the animation industry and not at children.
3.2 From time to time, we may feature content on the Website (such as animation trailers) that may be unsuitable for children (e.g. they may contain images of a sexual or violent nature). Therefore if you are accessing such content, please ensure that you do not make such content available to children.
4 ACCESS TO OUR WEBSITE
4.1 This Website is directed to people residing in the United Kingdom. We do not represent that content available on or through this Website is appropriate or available in other locations. We may limit the availability of the Website or any service or product described on the Website to any person or geographic area at any time. If you choose to access our site from outside the United Kingdom, you do so at your own risk.
4.2 You may only access the Website for individual, personal and non-commercial use.
4.4 Access to our Website is permitted on a temporary basis. We update the Website regularly and so may change the content at any time. We reserve the right to withdraw or amend the Website without notice or withdraw your access to our Website [and/or your account] at any time and for any reason and we will not be liable for any resulting loss or damage to the fullest extent permissible in law.
5 AVAILABILITY OF OUR WEBSITE
5.1 Please note that use of the Website is subject to your computer and/or device complying with our minimum standard technical specifications and compatibility requirements. You are advised to check this specification to ensure that your computer and/or portable device is compatible with the Website and we shall not be liable for any failure arising in the Website which arises from incompatibility (including, without limitation, minimum storage and memory requirements from time to time).
5.2 You acknowledge that we cannot guarantee that our Website will:
(a) be compatible with all or any hardware or software which you may use;
(b) be available all the time or at any specific time;
(c) be accurate and up to date; or
(d) be error-free or free of viruses, electronic bugs, Trojan horses or other harmful components and you must take your own precautions accordingly.
5.3 You also acknowledge that:
(a) we cannot guarantee the speed or security of our Website; and
(b) we will not be responsible for any damage or loss you may suffer directly or indirectly as a result of any virus attack that can be traced to our Website to the fullest extent permissible by law.
5.4 We will also have no liability to you for any failure to maintain the Website.
6 YOUR USE
6.1 You must not interfere with, or disrupt, the Website or any servers or networks connected to the Website, including by transmitting any worms, viruses, malware, spyware or any other code of a destructive, malicious or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any page of the Website is rendered or displayed in a user’s browser or device.
6.2 You must not access the Website or any Materials (defined below) via a means not authorised in writing in advance by us, including but not limited to, automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies).
6.4 You agree not to use the Website for any illegal or unauthorised purpose. You agree to comply with all laws, rules and regulations applicable to your use of the Website, including, but not limited to copyright and other intellectual property laws.
6.5 You must not change, modify, adapt or alter the Website or change, modify or alter another website so as to inaccurately imply an association with the Website or with HM Publishing.
6.6 If you breach any of these Terms and Conditions, or any of the other terms and policies referred to in these Terms and Conditions, your account and ability to access and use your account and the Website may be terminated by us immediately by giving written notice to you using the contact details you gave to us on registration.
6.7 You are not permitted to use, or cause others to use, any automated system or software to extract content or data from our Website except in cases where you or any applicable third party has entered into a written agreement with us that expressly permits such activity.
7 YOUR PRIVACY & COOKIES
8 INTELLECTUAL PROPERTY RIGHTS
8.1 The Website and all information, music, images, photographs, videos and other content displayed on the Website (“Material(s)”) are protected by certain rights. These rights include all patents, rights to inventions, copyright, database rights, performer’s property rights, moral rights, trademarks and service marks, business names and domain names, goodwill and the right to sue for passing off or unfair competition, rights in designs and all other intellectual property and proprietary rights, in each case whether registered or unregistered (“Rights”). These Rights either belong directly to HM Publishing or are licensed to us from their respective owners or licensors.
8.2 You may only view, print out, use, quote from and cite the Website and the Materials for your own personal, non-commercial use and on the condition that you give appropriate acknowledgment to us where appropriate.
8.3 We expressly reserve all Rights in and to the Website and the Materials and your use of the Website and the Materials is subject to the following restrictions. You must not:
(a) remove any copyright or other proprietary notices contained in the Materials;
(b) use any Materials in any manner that may infringe any of our rights or the rights of a third party;
(c) use the Materials in any way that might be illegal or breach the Terms and Conditions;
(d) reproduce, modify, edit, mix or remix, apply any voiceover or commentary, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or exploit the Website and/or the Materials in any way for any commercial purpose, without our prior written consent; or
(e) use the Website or Materials in any way that is in contravention of any applicable law or regulation or in any manner that will violate the privacy, publicity or personal rights of others or in any defamatory, obscene, threatening, abusive or hateful material including without limitation using the Website or any Materials in connection or association with any obscene, defamatory, illegal, pornographic material or in relation to products and services that relate to firearms, gambling, pharmaceuticals, pornography or tobacco or otherwise than in accordance with normal standards of decency.
8.4 Any use of the Website or the Materials in a manner not expressly permitted by the Terms and Conditions may constitute an infringement of our Rights and/or the Rights of our licensors. We and our licensors reserve the right to exercise all rights and remedies available in respect of any infringement of Rights in the Website or the Materials accessible on it.
9 USER CONTENT
9.1 The Website may from time to time incorporate functionality, such as discussion boards/forums that allow users to upload to the Website their own content including but not limited to your name, graphics, logos, marks, text, images, photographs and other information or material (“User Content”). Whenever you make use of a feature that allows you to upload User Content to the Website, or to make contact with other users of the Website, you must comply with the following rules.
9.2 Any User Content you upload to the Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your User Content, but you are required to grant us a non-exclusive, royalty free, licence to reproduce, modify, translate, make available, distribute and sub-license the User Content in whole or in part, and in any form.
9.3 You shall ensure that any User Content you upload does not:
(a) breach any of our policies in force from time to time;
(b) infringe the intellectual property rights or any other right of a third party;
(c) contain any material which is defamatory of any other person;
(d) contain any material which is obscene, discriminatory, sexist or offensive or otherwise be likely to harass, upset, embarrass or alarm any other person;
(e) contains any malicious code, such as viruses, or potentially harmful programs or material;
(f) breach any applicable law or regulation.
9.4 We are under no obligation to monitor or screen User Content, although we will take such necessary action against any misconduct or unlawful User Content as may be required under applicable law or as we deem appropriate.
9.6 We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.
9.7 The views expressed by other users on the Website do not represent our views or values and we cannot control individuals who upload User Content. We will therefore not be responsible, or liable to you or any third party, for the content or accuracy of any User Content posted by you or any other user of the Website.
9.9 You are solely responsible for securing and backing up your User Content.
10.1 We reserve all Rights in the name “animationweek”, “HM Publishing”, the [animation-week.com] domain name and all related domains and sub-domains, our logo and our service marks, brand names, trading names and/or trademarks appearing on the Website. Other trademarks, products and company names mentioned on the Website may be the trademarks of their respective owners or licensors and the Rights in such marks are reserved to their respective owners or licensors.
10.2 Nothing in the Terms and Conditions should be construed as granting any licence or right to use any such trademarks or our domain name.
11 RELIANCE ON INFORMATION POSTED
11.1 While we take steps to ensure that the Materials do not contain inaccuracies and typographical errors, we cannot guarantee this and we do not warrant the completeness or accuracy of the Materials.
11.2 Materials posted on the Website are not intended as advice and should not be relied upon as such. We therefore disclaim all liability and responsibility arising from any reliance placed on such information to the fullest extent permissible by applicable law.
12 OUR LIABILITY TO YOU
12.1 We will only be liable to you under or in connection with your use of the Website for losses which you suffer as a direct result of our breach of these Terms and Conditions.
12.2 We shall not be liable under these Terms and Conditions, howsoever caused for any business losses that you may incur, including but not limited to lost data, lost profits or business interruption, or for any indirect, special, incidental or consequential damage or loss.
12.3 We do not exclude our liability (if any) to you for:
(a) personal injury or death resulting from our negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any matter for which it would be illegal for us to exclude, or to attempt to exclude, our liability.
13 YOUR LIABILITY TO US
13.1 You acknowledge that any use by you of the Materials or the Website in a manner not expressly permitted by these Terms and Conditions may mean that you are infringing our Rights and/or the Rights of our third party licensors and we and our licensors reserve all rights and remedies against you in respect of any such infringement.
13.2 You hereby agree to compensate HM Publishing, its group companies, its clients, associates and affiliates from and against any loss, cost, damage, expense or liability they may suffer as a result of:
(b) your unauthorised use of the Materials and/or the Website.
14 LINKING TO THE WEBSITE
14.1 You may link to any page of the Website for non-commercial purposes provided that you do so in a way that is fair and legal and which does not damage our reputation or take advantage of it. For the avoidance of doubt, the linking site must not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.
14.2 You must not link to the Website in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
14.3 You must not remove, obscure or modify in any way any advertisements, copyright notice, or other information on the Website. The Website must not be framed on any other site.
14.4 If you would like to link to the Website for commercial purposes or any purpose not included above, please contact us using the details below.
14.5 We reserve the right to withdraw linking permission at any time and without notice.
15 THIRD PARTY WEBSITES & SERVICES
15.1 The Website and/or the Materials may contain links to third party websites and services. If you decide to visit any third party site or use a third party service, you do so at your own risk. We are not responsible for the content, accuracy or opinions expressed on such websites or services. Links do not imply that we are, or the Website are, affiliated to or associated with such sites or services.
15.2 Your browsing and interaction on any other website or your use of other services, including websites and services which have a link to the Website, is subject to that operator’s own rules and policies. Please read those rules and policies before proceeding.
16 GENERAL PROVISIONS & APPLICABLE LAW
16.1 You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
16.2 If any provision of these Terms and Conditions is found to be invalid for any reason, the invalidity of that provision will not affect the remaining provisions of these Terms and Conditions, which will remain in full force and effect.
16.3 Failure by either of us to exercise any right or remedy under these Terms and Conditions does not constitute a waiver of that right or remedy.
16.4 The English Courts will have exclusive jurisdiction over any claim arising from or related to the Website or these Terms and Conditions. English Law will apply to these Terms and Conditions.
17 ENQUIRIES & COMPLAINTS
17.1 If you have an enquiry or complaint about the Website (including the Materials that appear on our Website), you should contact us and we will try to answer your enquiry or resolve any complaint as soon as possible.
17.2 If you have any suggestions for improvements or additions that you would like to see on the Website, please contact us.
Last updated: 22 December 2018