TheGateLab.com (the
"Site") is owned and operated by The Gate Films Limited ("we",
"us" or "our").
PLEASE READ THESE
TERMS OF USE CAREFULLY BEFORE USING THIS SITE AND CONTINUING WITH YOUR
REGISTRATION. Please scroll down, read, and tick the box at
the bottom to confirm you have fully read, understood and agree to the
terms of use of the Site.
WARNING - ONLY
ONE ACCOUNT PER PERSON - we may suspend and/or delete an account if
more than one account is found.
1. Introduction
These terms and conditions
govern your use of the Site and your rights and obligations and the
terms and conditions ("Terms") by which we make the Site available.
If you disagree with any part of these Terms or the Privacy Policy (which
is incorporated into the Terms), please do not continue your registration
and do not use or visit the Site.
2. Intellectual
property rights and user content
Unless otherwise stated,
we or our licensors own the copyright, trademarks and other intellectual
property rights in the Site (including without limitation the design,
arrangement and look and feel and the ‘The Gate Lab’ and/or ‘The
Gate Films’ brand) and all material or software or content supplied
as part of the Site other than the User Content. Subject to the licence
below, all these intellectual property rights are reserved.
3. USER CONTENT
Any scripts, treatments,
reviews, comments, data, or other content submitted, uploaded or transmitted
by you to us anywhere on the Site or otherwise for inclusion on the
Site are referred to as "User Content" in these Terms.
By providing User Content
to the Site you confirm this (a) is your own work and not copied from
anyone else or infringing of any third party’s rights, (b) is not
defamatory, obscene, harassing, offensive, threatening, in breach of
anyone’s privacy or in contempt of court, and (c) that use of your
User Content by us in accordance with the rights granted by you will
not infringe any third party’s copyright or other intellectual property
rights, moral rights or other rights and is not subject to further conditions
or payments.
If submitting any User
Content you agree that:
all information provided
by you is accurate, true and up to date in all respects and at all times,
all facts expressed by you in User Content are true to the best of your
knowledge and belief and, if your User Content contains opinions, these
are your own and genuinely and truly held by you, or, if not, that you
accurately attribute them to the author;
all User Content you submit
is original to you and you are fully entitled (and have all necessary
consents) to upload the User Content to the Site;
nothing in the User Content
will infringe the copyright or any other right of any person, breach
any contract or duty of confidence, be defamatory, obscene, offensive,
indecent, harassing, threatening, be in breach of any law or regulation,
breach anyone’s privacy or may constitute a contempt of court or be
calculated to bring any other person into disrepute;
you shall not enter into
nor will you authorise any third party to enter into any agreement,
licence, assignment, charge or other document concerning the User Content
which will or might conflict or interfere with the rights granted herein;
no film, radio, stage, theatrical,
television or other media programme based on the User Content has been
developed, produced or authorised and you have not previously granted,
licensed, assigned, charged or in any way dealt with or encumbered the
rights hereby granted;
all User Content will comply
with any additional terms or requirements on the Site and you will at
all times comply with the Terms; and
you shall not alter or modify,
or attempt to alter or modify any part of the Site or any other User
Content.
You agree to indemnify
and keep indemnified The Gate Lab and The Gate Films Limited from and
against all claims, damages, expenses, costs and liabilities (including
legal fees) relating to or arising from your use of the Site, or your
User Content or any breach or suspected breach of the Terms by you or
your violation of any law or the rights of any third party.
4.
OPTION AND COMMISSION OF USER CONTENT
When you submit your
User Content to the Site, you grant us (and parties authorised by us):
an exclusive free option
in the User Content for a period of twelve months from the date you
upload the project (and automatically extended for a further twelve
months, together the "Option Period") during which time both The
Gate Lab and other users of the Site may contribute and further develop
the User Content;
you agree that during the
Option Period that development may include the commissioning of treatments,
scripts or other development work as The Gate Lab feels appropriate;
during the Option Period,
should The Gate Lab wish to try to obtain a commission or financing
for the User Content from third party broadcasters or other financiers,
the Gate Lab shall notify you [by email]. For the avoidance of
doubt, nothing shall oblige the Gate Lab to develop and/or represent
the User Content to any third party;
in the event that The Gate
Lab secures or may secure a commission, we shall give notice that we
wish to acquire the rights to the User Content and we shall agree in
good faith in line with normal industry standards the terms of such
agreement, whereby GATE shall acquire the certain rights in and to the
User Content.
a non-exclusive worldwide
royalty free licence to use, display, distribute, perform, publish,
store, copy, reproduce, and make available to and communicate to the
public on the Site and in connection with The Gate Lab project (and
to edit, alter, modify and adapt as necessary for such purposes) the
User Content and any other content such as comments and such licence
shall continue in all media now known or invented in the future without
further liability or acknowledgement to you; and
you hereby give us (and
parties authorised by us) all necessary consents and waivers required
to use your User Content and other content in accordance with these
Terms.
The Gate Lab may, in
appropriate circumstances, and at its sole discretion, remove or disable
access to User Content that appears to be legally or otherwise problematic
e.g. it infringes the copyright or other intellectual property or privacy
rights of others, is defamatory etc or for any other reason. In relation
to all reviews, comments and feedback posted on the Site, authors consent
to The Gate Lab editing such reviews to ensure compliance with the Terms.
5. Licence to use
site and rules of conduct
In accessing the Site,
you agree to do so only for your own personal, non-commercial use and
in accordance with the Terms. Unless otherwise stated, you may
not copy, reproduce, download, post, store (including in any other website),
distribute, transmit, broadcast, commercially exploit or modify in any
way the Site’s material or content or permit or assist any third party
to do the same. You
agree to only use the Site for lawful purposes, in a manner which does
not improperly infringe the rights of, or restrict or inhibit the use
and enjoyment of, the Site by any third party. Such restriction
or inhibition includes, but is not limited to, conduct which is libelous,
in breach of anyone’s privacy or which may harass, cause real distress
or inconvenience to any person and the transmission of obscene or offensive
content or interruption of the normal flow of dialogue within the Site.
You agree that you
shall not:
republish material from
this Site (including republication on another website);
sell, rent or otherwise
sub-license any material (including the User Content) on the Site;
reproduce, duplicate, copy
or otherwise exploit material on our Site for a commercial purpose;
edit or otherwise modify
any material on the Site; or
redistribute material from
this Site except for content specifically and expressly made available
for redistribution, such as our newsletter.
Any copying, reproduction,
lending or hiring, public performance, broadcasting or any other form
of distribution of the User Content (including peer to peer transfers)
or any other content available on the Site other than in accordance
with these Terms is prohibited and will constitute a copyright infringement.
6.
COMPLAINTS AND CONTACTING GATE LAB
Although we ask all
users to submit User Content that complies with the Terms, you acknowledge
that User Content supplied by other users may include material you consider
offensive or objectionable. The Gate Lab assumes no responsibility
or liability for User Content and, as the User Content is created by
users, it does not necessarily represent the views of The Gate Lab.
If you become aware
of any misuse of the Site or wish to complain about any User Content
or material on the Site or believe any of your rights have been violated
e.g. your copyright has been infringed or you have been defamed etc.,
you can contact us at the address below.
We will need to know:
the nature of your complaint
and location within the Site of the particular content or user;
for copyright disputes,
identification of the copyrighted work you claim has been infringed
and a statement that you have a good-faith belief the disputed use is
not authorised by the copyright owner, its agent, or the law and that
you are the owner of the copyright interest involved or are authorised
to act on behalf of the owner; and
your name, address, telephone
number and email address and such other information as we may reasonably
request.
7. PRIVACY AND
PERSONAL DATA
Personal information
you are asked to supply or you supply voluntarily as part of the registration,
submission or competition process and any other information relating
to your User Content ("Your Data"), will be used by The Gate Lab,
service providers and other organisations (such as companies involved
in support of the Site) and by their subcontractors, employees, agents
and advisors (including legal advisors) as follows: (i) to administer
your account, submission or User Content; (ii) in making decisions about
whether User Content you seek to submit to the Site should be accepted,
rejected or used; and/or (iii) as set out on the Site or the Terms or
our Privacy Policy. In addition, The Gate Lab may at its discretion
disclose this information to the police, regulatory bodies or any legal
advisers in connection with any alleged criminal offence or suspected
breach of the Terms by you or otherwise where required by law.
You may be requested to take part in
promotional activity and The Foundation reserves the right to use your
name or photograph in any publicity for such purposes.
Your Data supplied as part of your interaction with the Site will, unless
we tell you otherwise, be able to be seen by other users of the Site
so make sure you only provide information you are happy to be seen in
this way. Except as set out above (or where we agree otherwise with
you e.g. in relation to contacting you for marketing), Your Data will
be kept private and confidential, will not be passed on to third parties
without your express consent and will be used in accordance with our
Privacy Policy. By using the Site you are agreeing to Your Data being
used as set out above. Where you submit User Content you agree
that we may contact you to discuss your User Content or to advise you
of changes to The Gate Lab project.
8. Limitations of
liability
The information on
the Site is provided free-of-charge, and you acknowledge that it would
be unreasonable to hold us liable in respect of the Site and the information
contained therein. The Site, User Content and information, images,
logos and content relating to the Site, or The Gate Lab or any of its
associated companies, products and services (or to third party products
and services), are provided ‘AS IS’ and on an ‘AS AVAILABLE’
basis without any representation, endorsement or warranty of any kind,
including but not limited to implied warranties of satisfactory quality,
fitness for a particular purpose, non-infringement, compatibility, security
and/or accuracy.
We will endeavour to
provide the Site using all reasonable care and will use reasonable efforts
to make the Site available to you at all times. However you acknowledge
that the Site is provided over the internet and so the quality and availability
of the Site may be affected by factors that are outside our reasonable
control such as technical faults in your ISP’s and/or telecommunication
providers’ network/service. The Gate Lab is not responsible for any
problems or technical malfunction of any telephone network or lines,
computer on-line systems, servers, providers, computer equipment or
software, or failure of any email or User Content or competition entry
to be received on account of technical problems or traffic congestion
on the Internet, telephone lines or at any website (or any combination
of these things).
We make no guarantee
that the Site will be available, uninterrupted or error free, or that
defects will be corrected, or that the Site or the server that makes
it available are free of viruses or bugs. Except as required by law,
we shall not be responsible for any loss or damage caused by: (a) interruption
or delay to the Site or errors, viruses or bugs contained in the Site
caused by events outside our reasonable control; (b) your negligence,
your breach of the Terms or failure to follow our reasonable instructions;
(c) any incompatibility of the Site with any other software or material
on your equipment; (d) any unauthorised use of the Site; or (e) any
other factor that is outside our reasonable control.
Content, information
and other material on the Site may contain inaccuracies and typographical
errors. We do not warrant the accuracy or completeness of these
or the reliability of any information displayed or distributed through
the Site (including provided through any software). You acknowledge
that reliance on any such information shall be at your sole risk. We
reserve the right, in our sole discretion, to correct any errors or
omissions in any part of the Site and to make changes to the Site and
to the materials, products, programs, services, content or prices described
in the Site at any time without notice.
Our liability is limited
and excluded to the maximum extent permitted under applicable law. We
will not be liable for any direct or indirect loss or damage arising
under these terms and conditions or in connection with the Site, whether
arising in tort, contract, or otherwise. Without limiting the generality
of the foregoing exclusion, we will not be liable for any loss of profit,
contracts, business, goodwill, data, income, revenue or anticipated
savings arising under terms and conditions or in connection with our
Site, whether direct or indirect, and whether arising in tort, contract,
or otherwise.
However, nothing in
these terms and conditions shall exclude or limit our liability for
fraud, for death or personal injury caused by our negligence, or for
any other liability which cannot be excluded or limited under applicable
law.
9. Variation
We reserve the right
to revise and change these Terms at any time by posting changes on the
Site and it is your responsibility to refer to and comply with the most
up to date Terms. Your continued use of the Site after changes are
posted constitutes your acceptance of the Terms as modified.
10. Entire agreement
These Terms together
with our privacy policy constitute the entire agreement between you
and us in relation to your use of the Site, and supersede all previous
agreements in respect of your use of the Site.
11. Law and jurisdiction
This notice will be
governed by and construed in accordance with English law, and any disputes
relating to this notice shall be subject only to the exclusive jurisdiction
of the courts of England.
User Content is only
sought from within the United Kingdom and we make no representation
that any material included on the Site are appropriate or available
for use at other locations and access to them from territories where
their contents are illegal is strictly prohibited. If you access
the Site outside of the United Kingdom, you are responsible for compliance
with all local laws.
If any of the Terms
are held by any court of competent authority to be unlawful, invalid
or unenforceable, in whole or in part, this will not affect the validity
of the remaining Terms which will continue to be valid and enforceable
to the fullest extent permitted by law.
You agree that we can
transfer our rights and obligations under the Terms to any company,
firm or person provided this does not affect your rights under the Terms.
You may not transfer or assign your rights or obligations under the
Terms to anyone else.
12. Our contact
details
The Gate Lab (trading
as The Gate Films Limited) (Company Registration number 03399186) is
incorporated and registered in England and Wales at 109 Timber Wharf,
Castlefield, Manchester, M15 4LD. You can contact us.
The Gate Lab Terms and Conditions
TheGateLab.com (the "Site") is owned and operated by The Gate Films Limited ("we", "us" or "our").
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE AND CONTINUING WITH YOUR REGISTRATION. Please scroll down, read, and tick the box at the bottom to confirm you have fully read, understood and agree to the terms of use of the Site.
WARNING - ONLY ONE ACCOUNT PER PERSON - we may suspend and/or delete an account if more than one account is found.
1. Introduction
These terms and conditions govern your use of the Site and your rights and obligations and the terms and conditions ("Terms") by which we make the Site available. If you disagree with any part of these Terms or the Privacy Policy (which is incorporated into the Terms), please do not continue your registration and do not use or visit the Site.
2. Intellectual property rights and user content
Unless otherwise stated, we or our licensors own the copyright, trademarks and other intellectual property rights in the Site (including without limitation the design, arrangement and look and feel and the ‘The Gate Lab’ and/or ‘The Gate Films’ brand) and all material or software or content supplied as part of the Site other than the User Content. Subject to the licence below, all these intellectual property rights are reserved.
3. USER CONTENT
Any scripts, treatments, reviews, comments, data, or other content submitted, uploaded or transmitted by you to us anywhere on the Site or otherwise for inclusion on the Site are referred to as "User Content" in these Terms.
By providing User Content to the Site you confirm this (a) is your own work and not copied from anyone else or infringing of any third party’s rights, (b) is not defamatory, obscene, harassing, offensive, threatening, in breach of anyone’s privacy or in contempt of court, and (c) that use of your User Content by us in accordance with the rights granted by you will not infringe any third party’s copyright or other intellectual property rights, moral rights or other rights and is not subject to further conditions or payments.
If submitting any User Content you agree that:
You agree to indemnify and keep indemnified The Gate Lab and The Gate Films Limited from and against all claims, damages, expenses, costs and liabilities (including legal fees) relating to or arising from your use of the Site, or your User Content or any breach or suspected breach of the Terms by you or your violation of any law or the rights of any third party.
4. OPTION AND COMMISSION OF USER CONTENT
When you submit your User Content to the Site, you grant us (and parties authorised by us):
The Gate Lab may, in appropriate circumstances, and at its sole discretion, remove or disable access to User Content that appears to be legally or otherwise problematic e.g. it infringes the copyright or other intellectual property or privacy rights of others, is defamatory etc or for any other reason. In relation to all reviews, comments and feedback posted on the Site, authors consent to The Gate Lab editing such reviews to ensure compliance with the Terms.
5. Licence to use site and rules of conduct
In accessing the Site, you agree to do so only for your own personal, non-commercial use and in accordance with the Terms. Unless otherwise stated, you may not copy, reproduce, download, post, store (including in any other website), distribute, transmit, broadcast, commercially exploit or modify in any way the Site’s material or content or permit or assist any third party to do the same. You agree to only use the Site for lawful purposes, in a manner which does not improperly infringe the rights of, or restrict or inhibit the use and enjoyment of, the Site by any third party. Such restriction or inhibition includes, but is not limited to, conduct which is libelous, in breach of anyone’s privacy or which may harass, cause real distress or inconvenience to any person and the transmission of obscene or offensive content or interruption of the normal flow of dialogue within the Site.
You agree that you shall not:
Any copying, reproduction, lending or hiring, public performance, broadcasting or any other form of distribution of the User Content (including peer to peer transfers) or any other content available on the Site other than in accordance with these Terms is prohibited and will constitute a copyright infringement.
6. COMPLAINTS AND CONTACTING GATE LAB
Although we ask all users to submit User Content that complies with the Terms, you acknowledge that User Content supplied by other users may include material you consider offensive or objectionable. The Gate Lab assumes no responsibility or liability for User Content and, as the User Content is created by users, it does not necessarily represent the views of The Gate Lab.
If you become aware of any misuse of the Site or wish to complain about any User Content or material on the Site or believe any of your rights have been violated e.g. your copyright has been infringed or you have been defamed etc., you can contact us at the address below.
We will need to know:
7. PRIVACY AND PERSONAL DATA
Personal information you are asked to supply or you supply voluntarily as part of the registration, submission or competition process and any other information relating to your User Content ("Your Data"), will be used by The Gate Lab, service providers and other organisations (such as companies involved in support of the Site) and by their subcontractors, employees, agents and advisors (including legal advisors) as follows: (i) to administer your account, submission or User Content; (ii) in making decisions about whether User Content you seek to submit to the Site should be accepted, rejected or used; and/or (iii) as set out on the Site or the Terms or our Privacy Policy. In addition, The Gate Lab may at its discretion disclose this information to the police, regulatory bodies or any legal advisers in connection with any alleged criminal offence or suspected breach of the Terms by you or otherwise where required by law.
You may be requested to take part in promotional activity and The Foundation reserves the right to use your name or photograph in any publicity for such purposes.
Your Data supplied as part of your interaction with the Site will, unless we tell you otherwise, be able to be seen by other users of the Site so make sure you only provide information you are happy to be seen in this way. Except as set out above (or where we agree otherwise with you e.g. in relation to contacting you for marketing), Your Data will be kept private and confidential, will not be passed on to third parties without your express consent and will be used in accordance with our Privacy Policy. By using the Site you are agreeing to Your Data being used as set out above. Where you submit User Content you agree that we may contact you to discuss your User Content or to advise you of changes to The Gate Lab project.
8. Limitations of liability
The information on the Site is provided free-of-charge, and you acknowledge that it would be unreasonable to hold us liable in respect of the Site and the information contained therein. The Site, User Content and information, images, logos and content relating to the Site, or The Gate Lab or any of its associated companies, products and services (or to third party products and services), are provided ‘AS IS’ and on an ‘AS AVAILABLE’ basis without any representation, endorsement or warranty of any kind, including but not limited to implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and/or accuracy.
We will endeavour to provide the Site using all reasonable care and will use reasonable efforts to make the Site available to you at all times. However you acknowledge that the Site is provided over the internet and so the quality and availability of the Site may be affected by factors that are outside our reasonable control such as technical faults in your ISP’s and/or telecommunication providers’ network/service. The Gate Lab is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, providers, computer equipment or software, or failure of any email or User Content or competition entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any website (or any combination of these things).
We make no guarantee that the Site will be available, uninterrupted or error free, or that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs. Except as required by law, we shall not be responsible for any loss or damage caused by: (a) interruption or delay to the Site or errors, viruses or bugs contained in the Site caused by events outside our reasonable control; (b) your negligence, your breach of the Terms or failure to follow our reasonable instructions; (c) any incompatibility of the Site with any other software or material on your equipment; (d) any unauthorised use of the Site; or (e) any other factor that is outside our reasonable control.
Content, information and other material on the Site may contain inaccuracies and typographical errors. We do not warrant the accuracy or completeness of these or the reliability of any information displayed or distributed through the Site (including provided through any software). You acknowledge that reliance on any such information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any part of the Site and to make changes to the Site and to the materials, products, programs, services, content or prices described in the Site at any time without notice.
Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct or indirect loss or damage arising under these terms and conditions or in connection with the Site, whether arising in tort, contract, or otherwise. Without limiting the generality of the foregoing exclusion, we will not be liable for any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising under terms and conditions or in connection with our Site, whether direct or indirect, and whether arising in tort, contract, or otherwise.
However, nothing in these terms and conditions shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
9. Variation
We reserve the right to revise and change these Terms at any time by posting changes on the Site and it is your responsibility to refer to and comply with the most up to date Terms. Your continued use of the Site after changes are posted constitutes your acceptance of the Terms as modified.
10. Entire agreement
These Terms together with our privacy policy constitute the entire agreement between you and us in relation to your use of the Site, and supersede all previous agreements in respect of your use of the Site.
11. Law and jurisdiction
This notice will be governed by and construed in accordance with English law, and any disputes relating to this notice shall be subject only to the exclusive jurisdiction of the courts of England.
User Content is only sought from within the United Kingdom and we make no representation that any material included on the Site are appropriate or available for use at other locations and access to them from territories where their contents are illegal is strictly prohibited. If you access the Site outside of the United Kingdom, you are responsible for compliance with all local laws.
If any of the Terms are held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms which will continue to be valid and enforceable to the fullest extent permitted by law.
You agree that we can transfer our rights and obligations under the Terms to any company, firm or person provided this does not affect your rights under the Terms. You may not transfer or assign your rights or obligations under the Terms to anyone else.
12. Our contact details
The Gate Lab (trading as The Gate Films Limited) (Company Registration number 03399186) is incorporated and registered in England and Wales at 109 Timber Wharf, Castlefield, Manchester, M15 4LD. You can contact us.
Last updated Thursday 3 December 2009. © The Gate Films Limited.