1.1 Application of Terms of Use
These terms of use ("Terms of Use") govern how any user ("you") may use www.lifeinadayuk.me (the "Website") and the photos, text, video clips, audio clips and music clips (collectively the "Material") you are able to download from the Website. These terms may vary from time to time.
1.2 About Us
This Website is owned by World in a Day Films Limited ("us" or "we"). We are the production company of Life in a Day, the feature film to which this website relates (the "Film").
The purpose of this Website is to allow you a unique way to promote the Film by downloading Material from which to create your own trailer of the Film and/or poster for the Film and share your creations with your acquaintances in accordance with these Terms of Use.
You can also request a premiere screening of the Film at a participating cinema via this Website.
If you sign up as a Micro Mogul you may also request a special preview screening at a participating cinema with the option of signing up with www.easyfundraising.org.uk to ensure 25% of the value of tickets purchased as a direct result of your efforts at promotion, will go to a charity of your choice.
In using this Website, creating your Work and using the Material, you agree to be bound by the restrictions outlined in this clause.
You may:
(a) download Material from the Website for the purposes outlined in these Terms of Use;
(b) copy, reproduce, adapt, translate, alter, rearrange, edit, cut, dub or subtitle in any language, delete from, the Material for the sole purposes of creating your own trailer(s) to promote the Film and/or your own poster(s) to promote the Film (collectively "Your Work");
(b) distribute Your Work to people you know via email or make Your Work available to the public by uploading to your own personal website or posting Your Work or a link to Your Work, on web sites such as YouTube, Facebook, Twitter or MySpace;
(c) use the Facebook application made available on the Website to personalise a version of the Film's poster;
(d) become a Micro Mogul as described in these Terms of Use; and
(e) request screenings of the Film as described in clause 7 below.
You can only use this Website if you are a resident of the UK.
In using this Website, creating your Work and using the Material, you agree to be bound by the restrictions outlined in this clause.
You may not:
(a) use any of the Material in any way whatsoever other than to promote the Film as contemplated by the Website eg you may not include any Material in your own short film or on your website; and
(b) sub-licence or assign any rights granted to you under these Terms of Use to any other third party eg you may not forward Material you have downloaded for others to use.
(c) infringe any law;
(d) infringe the rights (including any intellectual property rights) of any third party;
(e) do any act which would bring us, Scott Free Films, YouTube or any contributor to the making of the Film or any party related in any way to the Film into disrepute, or do anything which would be defamatory to any of the parties referred to in this clause or cause us to have any liability to any third party;
(f) charge others for viewing your Work in any way whatsoever;
(g) directly or indirectly suggest any endorsement by us or any party associated with the Film in any way whatsoever in the distribution of your Work; or
(h) distribute any viruses or other harmful programs or spam, stalk, harrass, cause distress or inconvenience to your recipients of your Work, invade anyone's privacy, in connection with this Website.
All the Material made available on this Website is owned or licenced by us.
5.1 Our licence to you
Subject to clause 4 (What You Cannot Do), we grant you a worldwide, non-exclusive, royalty-free licence to copy, reproduce, adapt, translate, alter, rearrange, edit, cut, dub or subtitle in any language, delete from the Material (including without limitation the right to extract audio only or picture only content from the Material) for the sole purpose of making your Work to promote the Film throughout the world, by distributing your Work via email to people you know or making Your Work available to the public by uploading to your own personal website or posting Your Work or a link to Your Work, on web sites such as YouTube, Facebook, Twitter or MySpace.
5.2 Your licence to us
To the extent that you create any intellectual property rights in Your Work (which you retain ownership of), you grant us a worldwide, non-exclusive, irrevocable, royalty-free licence to communicate your Work, or any part thereof, to the public via the Website, or in any media formats and through any media channels in order to advertise, promote, publicise, broadcast, exhibit, distribute and exploit the Film in any way whatsoever, throughout the world in perpetuity in all media and by any and all means now known or devised in future.
5.3 Moral rights
To the fullest extent permitted by law, you irrevocably waive the benefits of and agree not to assert or exercise and waive and release us, Scott Free Films, YouTube or any contributor to the making of the Film, or any party related in any way to the Film, from any and all claims that you may now or hereafter have in any jurisdiction based on any provision of law known as "moral rights" or "droit moral" or any similar rights or unfair competition with respect to our exploitation of Your Work (if any) without further notification or compensation to you of any kind, and you agree not to instigate, support, maintain, or authorise any action, claim, or lawsuit against us, Scott Free Films, YouTube or any contributor to the making of the Film, or any party related in any way to the Film, or any other person in connection with your Work or the Film, on the grounds that any use of Your Work or any derivative works thereof, infringe or violate any rights of you and/or any participant therein.
6. Privacy
(a) For the purposes of the Data Protection Act 1998 ("DPA") and any related legislation, and any analogous legislation applicable in any other jurisdiction, you agree and give your consent to the holding and processing of personal data, including sensitive personal data as such terms are defined in the DPA, relating to you by us and any companies in the same group as us or under common control or ownership with us and, where relevant our and their respective employees, agents and advisers, solely for purposes connected with these Terms of Use (including without limitation the enforcement of the same), the Film, and to ensure compliance with our legal and regulatory obligations.
(b) You acknowledge that the processing of personal data pursuant to sub-clause (a) above may involve the disclosure of such personal data to third parties, including without limitation legal and regulatory bodies, distributors and licensees of the Film, YouTube, sponsors and advertisers and other persons connected with the Film.
(c) The disclosure and processing of your personal data pursuant to clauses (a) and (b) above may involve the transfer of such personal data outside the European Economic Area including the US and other jurisdictions where data protection regulations may not offer the same protection as those applicable within the European Economic Area. You consent to such transfers.
(d) You have the right to require personal data held by us relating to you or such person (as applicable) to be removed from all records held by us by sending an email to the following email address: privacylifeinaday@gmail.com.
Through the Website you may request that the Film be shown at a participating cinema listed on the Website, either as a preview screening or a premiere on 14 June.
If your request is successful we will notify you about how to claim your ticket.
You may also wish to sign up as a Micro Mogul on the Website. A Micro Mogul is able to more actively promote the Film by:
- promoting a unique personal URL created for you when you sign up as a Micro Mogul on the Website in the form of www.lifeinaday/[unique identifier] and with www.easyfundraising.org.uk, directing people to purchase tickets from Vue.com, (25% of the value of tickets sell under this scheme will be donated to a charity of your choice).
- requesting special preview screenings generally.
We are not the administrators of the Micro Mogul charity scheme. Please read the terms and conditions available at www.easyfundraising.org.uk.
Please note that it is up to the participating cinema, not us, whether the cinema will preview the Film at a special screening.
10.1 Inaccuracies and technical problems
To the extent permitted by applicable law, neither us nor any of our respective parents, subsidiaries, affiliates, advertising and promotion agencies, legal and financial advisors, any and all companies associated with the Film (including without limitation Scott Free Films Limited) and each of their respective officers, directors, shareholders, agents, licensees, licensors and employees, nor any Internet access providers (collectively "Released Parties") are responsible for incorrect or inaccurate entry of information, human error, technical malfunction, lost/delayed data transmission, omission, interruption, deletion, defect, line failure of any telephone, computer or other network, computer equipment, software or any combination thereof, inability to access the Website, for problems downloading any Material from the Website whatsoever.
10.2 Our breach
In the event of any breach by us of these Terms of Use, your sole remedy shall be for damages (if any) actually suffered by you and you shall not in any circumstances be entitled to rescind your agreement to these Terms of Use or to any injunctive or other equitable relief or to enjoin or restrain the production, broadcast, distribution, exhibition, advertising, publicity, exploitation or communication to the public of the Film.
10.3 Limitation of Liability
To the fullest extent permissible by applicable law, we shall not be liable for any economic losses, loss of goodwill or reputation or special, indirect or consequential losses (whether or not such losses were within the contemplation of you and us at the date of your downloading any Material) suffered or incurred by you arising out of or in connection with these Terms of Use. Our liability arising from or relating to these Terms of Use shall be limited to £100.
Nothing in these Terms of Use shall be construed so as to limit or exclude either you or us from liability for fraudulent misrepresentation, personal injury or death.
10.4 Loss
You agree that the Released Parties shall not be responsible for (and you hereby irrevocably release them from liability for) any claims, losses, liability and damages of any kind (including reasonable lawyers' fees and expenses) asserted against any of them, incurred, sustained or arising in connection with the use or misuse use of any Material (including your Work) including without limitation, any injury, damage, death, loss or accident to person or property, or from your breach of any of these Terms of Use.
In the case that you attempt to deliberately damage the Website, or undermine the legitimate operation of the distribution of Material to promote the Film as contemplated by this Website, we reserve the right to seek damages or other remedies from you or third parties involved in such activities, to the fullest extent permitted by law.
11.1 Your Work
You bear sole liability for Your Work, and agree to indemnify the Released Parties for any damages and/or costs incurred as a result of your breach of these Terms of Use.
11.2 Your equipment
You are solely responsible for all your equipment and software used and any related costs associated when using the Website and downloading any Material.
If you breach any of these Terms of Use, or we believe you may have breached these Terms of Use, in particular do any of the activities listed in the section "What you Cannot Do", we will immediately terminate the licence granted to you under these Terms of Use and, terminating your account, barring you from accessing the Website and removing your Micro Mogul page.
If we terminate your account, you agree to delete everything you have downloaded from the Website and immediately cease whatever actions have infringed these Terms of Use.
We reserve the right to modify, suspend, or discontinue the Website (or any part or content thereof) at any time we will not be liable to you or to any third party for so doing.
13.1 General
If you do not agree to these Terms of Use, your entry in the Competition is invalid.
13.2 Your Age
If you are under 18, you will need a parent or legal guardian to email support@lifeinadayuk.me granting their permission for you to agree to these Terms of Use and participate in any Competition. An email from your parent or legal guardian which confirms:
- who you are (your name, your URL for your Micro Mogul page);
- who they are in relation to you (including their name and whether they are your parent or legal guardian);
- that they have read the Terms of Use; and
- that the parent/legal guardian gives you permission to be involved with the Website and the promotion of the Film,
wil constitute their permission and agreement that your participation and involvement with the Website is for your benefit and agreement on your behalf to these Terms of Use.
13.3 Links to other websites
This Website contains hyperlinks to other websites owned by third parties which are governed by their own terms of use. We do not accept any responsibility or liability for your use of any third party websites.
13.4 Assignment or Sub-licence
We shall be entitled to assign, license, charge or deal in any other manner with these Terms of Use or our rights and benefits under these Terms of Use (in whole or part) to any third party.
13.5 Severability
If any provision of these Terms of Use is invalid, void or unenforceable under the law, such provisions shall in no way affect any other provision of these Terms of Use.
13.6 Governing Law
English law shall apply to these Terms of Use and you and we irrevocably submit to the exclusive jurisdiction of the English Courts in respect of any dispute or claim arising out of or in connection with these Terms of Use.
Need help? Email support@lifeinadayuk.me