This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the services (“Services”) listed on our website www.blueberrycreatives.co.uk (“our site”) to you.  Please read these terms and conditions carefully before using any Services or posting any content on our site.  You should understand that by using our site and registering for the Services, you agree to be bound by these terms and conditions and this includes posting any content or information (with or without demo reels or footage), ("User Content") on our site.  Placing content on our site is an acknowledgement that you have read, understand, and agree to be bound by these Terms of Use

WE RESERVE THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS FROM TIME TO TIME AT OUR SOLE DISCRETION.

You should print a copy of these terms and conditions for future reference.

Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them.  Please understand that if you refuse to accept these terms and conditions, you will not be able to access or use Services on our site.

1. Information about us

www.blueberrycreatives.co.uk is a site operated by Blueberry Creative Consultants (“we” / “us” / “our”).  We are registered in England and Wales under company number 4379194 and with our registered office at Ealing Film Studios, Ealing Green, London, W5 5EP].  Our main trading address is Studios, Ealing Green, London, W5 5EP].  Our VAT number is 795713290

2. OWNERSHIP OF THIS WEBSITE

2.1 All elements of the site, including the content and the general design are protected by copyright, trademark and other intellectual property rights under the applicable law. All images and related information on this website (collectively referred to as "Image Files") are (save as set out below) owned or controlled by us or license to us for the purposes of this site only.     

2.2 Except as stated below, the contents of this website (including Image Files) may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior express written permission of us or our licensor. 

2.3 You may not distribute, display or copy any of the contents of the pages contained in this website to third parties by any means including, but not limited to "caching" any material on this website for access by third parties and "mirroring" any material on this website. You may not provide a link to this website from any other website without our express prior written consent. You shall not copy or adapt the HTML code that we create for our site.

2.4 All references to "you" herein are also deemed to be references to your directors, employees and agents or anyone else who accesses this website on your behalf or using information obtained by or from you

3. Service availability

For legal or other reasons some restrictions may be placed on the extent to which Services are available to customers from specific countries. 

4. Your status

By accessing the Services through our site you are entering into a valid legal contract and therefore you warrant that:

You are legally capable of entering into binding contracts; [and]

You are at least 18 years old;

5. Our status

5.1 Please note that we provide the Services as agents on behalf of the third parties whose details and information is contained in our “Sign Up” or “Registration” pages.  Please note the provisions below relating to Our Liability.

5.2 We may also provide links on our site to the websites of other companies, whether affiliated with us or not.  We cannot give any undertaking, that services you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely.  This DISCLAIMER does not affect your statutory rights against the third party seller.

6. LICENCE OF USER CONTENT IMAGE FILES ("IMAGE CONTENT LICENCE")

6.1 Subject to your registration with us we grant you the personal, nontransferable, and nonexclusive right to copy any User Content Image File(s) (including high resolution image files) you have selected onto your computer hard drive and to use the such Files (being herein referred to as the "Selected User Content") in the following manner only:

(a) The usage must be non-commercial; 

(b) The usage must be for personal, research or private study, criticism;

(c) The Selected User Content must not be made available via websites on the worldwide web and may only be made available on an internal website (i.e. an intranet which is not accessible to the general public) which is available in the UK only on an educational non-profit-making basis.

(d) The Selected User Content must not be removed from the computer cache of your computer.

(e) Any Selected User Content that includes any high resolution image File(s) must be used in linear form and may not be edited into any form of traditional television or radio programme, re-voiced, re-edited or changed in any way

6.2 Save as expressly provided herein, the Selected User Content shall not be altered or used in any manner whatsoever.

7 SUPPLY OF USER CONTENT

Before you are able to access and download or stream User Content, you will need to register with us. You agree to furnish accurate information when registering with us. You are responsible for maintaining the confidentiality of your user name and password ("Access Information"). You will not permit any third party to obtain your Access Information and you will immediately notify us of any unauthorised access or suspected unauthorised access as soon as you become aware of the same. Where any payment is due for any Selected User Content, you will be liable for payment for all such User Content downloaded by others, with or without your knowledge or permission prior to the time that you notify us of any unauthorised use.

8. Our liability

8.1 The files to which you are given access hereunder are made available strictly on an "as is" basis. To the fullest extent permitted by law, we hereby exclude all warranties and representations, expressed or implied, including but not limited to any implied warranties of satisfactory quality, fitness for any particular purpose, warranties that such files do not infringe third party rights, warranties as to quality of image, or compatibility with any computer hardware or other equipment, operating system or software programme.

8.2 Without limiting the foregoing, we grant no rights nor give any warranties with respect to the use of names, trademarks, registered or copyrighted designs or works of art depicted in any Selected User Content, and you must satisfy yourself that all necessary rights, consents or permissions as may be required for reproduction are secured. We accept no responsibility for erroneous or incomplete information.

8.3 We make no representation or warranties as to the accuracy of the content, or that the use of this website will be uninterrupted or error free or that this website is free from viruses or any other malicious or impairing computer programme. This website could include technical or other mistakes, inaccuracies or typographical errors.  

8.4 This does not include or limit in any way our liability:

(a) For death or personal injury caused by our negligence;

(b) Under section 2(3) of the Consumer Protection Act 1987; 

(c) For fraud or fraudulent misrepresentation; or

(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

8.5 We are not responsible for indirect losses including but not limited to:

(a) loss of income or revenue

(b) loss of business

(c) loss of profits or contracts

(d) loss of anticipated savings

(e) loss of data

(f) loss of data, or

(g) waste of management or office time

however arising and whether caused by tort (including negligence), breach of contract or otherwise even if foreseeable.

9 RESTRICTIONS AS TO USE AND STORAGE OF SELECTED USER CONTENT

9.1 Save as otherwise permitted herein the following are strictly prohibited in connection with any and all Selected User Content unless our prior written consent has been obtained:

(a) Use other than in accordance with the terms of the licence granted herein;

(b) Creation of any derivative of such User Content;

(c) Use in a manner that is defamatory, pornographic or obscene, whether directly or in context or juxtaposition with specific subject matter;

(d) Use in any way that violates a depicted person's right of privacy or publicity, or to infringe on any trade name, trademark or service mark;

(e) Use to promote a business that sells or licenses moving or photographic images, or otherwise competes with our business in any manner.

(f) copying, archiving, publishing, distributing, republishing, transmitting, sub-licensing, re-licensing, renting, leasing or otherwise dealing with any such User Content; 

(g) removing any copyright, watermarks or other notices contained in any such User Content.

10. POSTING USER CONTENT

10.1 By posting User Content on our site you automatically grant and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, worldwide license to use, copy, perform, display, and distribute such User Content. You also hereby grant each user of our site a non-exclusive license to access your User Content and to use, reproduce, distribute, display and perform such User Content as permitted hereunder.

10.2 Our site is provided for the purpose of the online distribution and publication of User Content and has no obligation to screen communications or information in advance. We are not responsible for screening or monitoring User Content posted by Users. We reserve the right to review and delete any User Content that, in our sole judgment, violates these Terms and Conditions or that violates any applicable law, rule or regulation, or is offensive or illegal or violates the rights of any third party. We may take any action with respect to User Content that we deem necessary or appropriate in our sole discretion if we believe it may create liability for us.

10.3 The following User Content is prohibited on our site. Please note that the list below is for illustration only and is not a complete list of all prohibited User Content. Content that:

 is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; 

 harasses, incites harassment or advocates harassment of another any group or individual; 

 involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; 

 promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; 

 promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files; 

 displays or links to pornographic, indecent or sexually explicit material of any kind; 

 provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or 

We do not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.

10.4 You shall be solely responsible for your User Content and you represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Website and these Terms. 

11 TERMINATION 

Without prejudice to our other rights, we shall have the right to terminate any licence granted to you hereunder and your registration with us immediately by notice to you if you shall default on any payment due hereunder or shall otherwise be in breach of the terms of this Agreement;

12 INDEMNITY

You agree to indemnify and hold us and/or the rights owner(s) of any Selected User Content harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable legal expenses, arising from the use of any Selected User Content or any breach or alleged breach of this Agreement.

13. Written communications

Applicable laws may require that some of the information or communications we send to you should be in writing.  When using our site, you accept that communication with us will be mainly electronic.  We will contact you by e-mail or provide you with information by posting notices on our website.  For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.  This condition does not affect your statutory rights.

14. Notices

All notices given by you to us must be given to Blueberry Creative Consultants at info@blueberrycreatives.co.uk We may give notice to you at either the e-mail or postal address you provide to us when registering, or in any of the ways specified in clause 12 above.  Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.  In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

15 Transfer of rights and obligations

15.1 The contract between you and us is binding on you and us and on our respective successors and assigns.  

15.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.  

15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

16. Events outside our control

16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).  

16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

(a) Strikes, lock-outs or other industrial action.

(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

(e) Impossibility of the use of public or private telecommunications networks.

(f) The acts, decrees, legislation, regulations or restrictions of any government.

16.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.  We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

17. Waiver

17.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

17.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

17.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 6 above.

18. Severability

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

19. Entire agreement

19.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

19.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

19.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

20 DATA PROTECTION

Your details are held in accordance with our Data Protection Registration and our privacy policy. The Company will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant.

21 Our right to vary these terms and conditions

21.1 We have the right to revise and amend these terms and conditions from time to time.  

21.2 You will be subject to the policies and terms and conditions in force at the time that you order services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority.

22 Law and jurisdiction

Contracts for the purchase of Services through our site will be governed by English law.  Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.