Terms and conditions of use

1.      Introduction

1.1    These terms and conditions shall govern your use of our website.

1.2    By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3    If you register with our website or submit any material to our website, we will ask you to expressly agree to these terms and conditions.

2.      Copyright notice

2.1    Copyright (c) 2023 Greengage Business Communications Ltd trading as Moving Image.

2.2    Subject to the express provisions of these terms and conditions:

(a)    we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b)    all the copyright and other intellectual property rights in our website and the material on our website are reserved.

3.      Permission to use website

3.1    You may:

(a)    view pages from our website in a web browser;

(b)    download pages from our website for caching in a web browser;

(c)    print pages from our website for your own personal and non-commercial use, provided that such printing is not systematic or excessive;

(d)    stream audio and video files from our website using the media player on our website; and

(e)    use our website services by means of a web browser,

       subject to the other provisions of these terms and conditions.

3.2    Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.3    You may only use our website for your own personal and business purposes; you must not use our website for any other purposes.

3.4    Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.5    Unless you own or control the relevant rights in the material, you must not:

(a)    republish material from our website (including republication on another website);

(b)    sell, rent or sub-license material from our website; or

(c)    exploit material from our website for a commercial purpose that we have not granted explicit permission for.

3.6    Notwithstanding Section 3.5, you may redistribute:

(a)    our newsletter in electronic form to any person;

(b)    hyperlinks to any content on our website to any person.

3.7    We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.

4.      Misuse of website

4.1    You must not:

(a)    use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;

(b)    use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)    hack or otherwise tamper with our website;

(d)    probe, scan or test the vulnerability of our website without our permission;

(e)    circumvent any authentication or security systems or processes on or relating to our website;

(f)    use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus,Trojan horse, worm, keystroke logger, root kit or other malicious computer software;

(g)    use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing.

4.2    You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current and complete.

5.      Registration and accounts

5.1    You may apply for an account with our website by completing and submitting the contact form on our website at https://www.moving-image.video/contact.

5.2    You must not allow any other person to use your account to access the website.

5.3    You must notify us in writing immediately if you become aware of any unauthorised use of your account.

5.4    You must not use any other person's account to access the website.

6.      User login details

6.1    If you register for an account with our website, we will provide you with a user ID (we will normally ask you to use your email address) and you will be asked to choose a password.

6.2    Your user ID must not be liable to mislead and must comply with the content rules set out in Section 9; you must not use your account or user ID for or in connection with the impersonation of any person.

6.3    You must keep your password confidential.

6.4    You must notify us in writing immediately if you become aware of any disclosure of your password.

6.5    You are responsible for any activity on our website arising out of any failure to keep your password confidential, and maybe held liable for any losses arising out of such a failure.

7.      Cancellation and suspension of account

7.1    We may:

(a)    suspend your account;

(b)    cancel your account; and/or

(c)    edit your account details,

       at any time in our sole discretion with or without notice to you.

7.2    We will usually cancel an account if it remains unused for a continuous period of 18 months.

7.3    You may cancel your account on our website using your account control panel on the website.

8.      Our rights to use your content

8.1    In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

8.2    You grant to us a worldwide, non-exclusive, royalty-free licence reproduce, store and, with your specific consent, publish your content on and in relation to this website.

8.3    You grant to us the right to sub-license the rights licensed under Section 8.2.

8.4    You may edit your content to the extent permitted using the editing functionality made available on our website.

8.5    Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

9.      Rules about your content

9.1    You warrant and represent that your content will comply with these terms and conditions.

9.2    Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against anyperson (in each case in any jurisdiction and under any applicable law).

9.3    Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a)    be libelous or maliciously false;

(b)    be obscene or indecent;

(c)    infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right;

(d)    infringe any right of confidence, right of privacy or right under data protection legislation.

10.    Limited warranties

10.1  While we use reasonable endeavours to ensure information on our website is accurate, we do not warrant or represent:

(a)    the completeness or accuracy of the information published on our website;

(b)    that the material on the website is up to date;

(c)    that the website will operate without fault; or

(d)    that the website or any service on the website will remain available, except underthe terms of any separate agreement we may reach with you.

11.    Limitations and exclusions of liability

11.1  Nothing in these terms and conditions will:

(a)    limit or exclude any liability for death or personal injury resulting from negligence;

(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)    exclude any liabilities that may not be excluded under applicable law.

11.2  The limitations and exclusions of liability set out in this Section 11 and elsewhere in these terms and conditions:

(a)    are subject to Section 11.1; and

(b)    govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

11.3  We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

11.4  We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

11.5  We will not be liable to you in respect of any loss or corruption of any data, database or software.

12.    Breaches of these terms and conditions

12.1  Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)    send you one or more formal warnings;

(b)    temporarily suspend your access to our website;

(c)    permanently prohibit you from accessing our website;

(d)    commence legal action against you, whether for breach of contract or otherwise; and/or

(e)    suspend, amend or delete your account on our website.

13.    Variation

13.1  We may revise these terms and conditions from time to time.

14.    Assignment

14.1  You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

14.2  You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

15.    Severability

15.1  If a provision of these terms and conditions is determined by any court or othercompetent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

15.2  If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

16.    Third party rights

16.1  A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

16.2  The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

17.    Entire agreement

17.1  Subject to Section 11.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

18.    Law and jurisdiction

18.1  These terms and conditions shall be governed by and construed in accordance with English law.

18.2  Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

19.    Statutory and regulatory disclosures

19.1  We adhere to the Electronic Commerce (EC Directive) Regulations 2002; you can find the online version of the Regulations at https://www.legislation.gov.uk/uksi/2002/2013/made.

19.2  We are registered as a member of EVCOM, which can be found at https://www.evcom.org.uk/membership-and-directory.

19.3  Our VAT number is GB 223 5102 58.

20.    Our details

20.1  This website is owned and operated by Greengage Business Communications Ltd trading as Moving Image.

20.2  We are registered in England and Wales under registration number 9786575.

20.3  Our principal place of business is at 18 Finsbury Square, London EC2A 1AH.

20.4  You can contact us via our website contact form at https://www.moving-image.video/contact.