Terms of Use

Last updated 14.06.2023 

BACKGROUND: 

These Terms of Use (these “Terms”) together with any and all other documents referred to herein, set out the Terms under which you may use this website, http://www.pal.film (“Our Site”).  Please read these Terms carefully and ensure that you understand them.  Your agreement to comply with and be bound by these Terms is deemed to occur upon your first use of Our Site.  These Terms do not apply to the sale of goods. Instead you need to refer to the seller’s terms and the buyer’s terms. 

Definitions and Interpretation 

1.1 In these Terms, unless the context otherwise requires, the following expressions have the following meanings:

“Account”	means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 4;
“Content”	means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
“User/you/yours”	means any person, natural, corporate or charitable who makes use of Our Site for any purpose;
“User Content”	means any content submitted to Our Site by Users including, but not limited to assets reviews, comments, forum posts etc.;
“We/Us/Our”	means PRODUCTION ASSET LISTING LIMITED (company number 12854440) a company registered in England and Wales and our registered office is at 14 Queens Road, Hersham, Walton-On-Thames, England, KT12 5LS.;
“Working Day”	09.00 hrs to 17.30 hrs on any day between Monday and Friday (inclusive) when the banks in London, UK are open for business.

2. Information About Us

2.1 Our Site, pal.film is owned and operated by Production Asset Listing Limited. 

2.2 Our VAT number is <<VAT number>>.

2.3 To contact us, telephone our customer service team at <<Number>> or email [email protected]. How to give us formal notice of any matter under the Contract is set out in clause 16.

3. Access to Our Site

3.1 Access to Our Site is free of charge.

3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.

3.3 Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

4. Accounts

4.1 Certain parts of Our Site (including the ability to purchase assets from Us) may require an Account in order to access them.

4.2 You may not create an Account if you are under 18 years of age.  

4.3 When creating an Account, the information you provide must be accurate and complete.  If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.

4.4 We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers, and symbols.  It is your responsibility to keep your password safe.  You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately at [email protected].  We will not be liable for any unauthorised use of your Account; you will however be liable for any unauthorised use of your Account whether you were aware of that use or not.

4.5 You must not use anyone else’s Account without their permission or the authority to do so.

4.6 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 17.

4.7 If you wish to close your Account, you may do so at any time.  Closing your Account will result in the removal of your information.  Closing your Account will also remove access to any areas of Our Site requiring an Account for access.

4.8 If you close your Account, any reviews, comments and forum postings etc. you have created on Our Site will be deleted.

5. Intellectual Property Rights

5.1 With the exception of User Content (see Clause 6), all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us.  All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.

5.2 Subject to sub-Clauses 5.3 and 5.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.

5.3 You may:

5.3.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);

5.3.2 Download Our Site (or any part of it) for caching;

5.3.3 Print page(s) from Our Site for personal (private) use or for reference during / record of a commercial transaction;

5.3.4 Download extracts from pages on Our Site; and

5.3.5 Save pages from Our Site for later and/or offline viewing.

5.4 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.

5.5 You may not use any Content printed, saved or downloaded from Our Site for commercial purposes other than the sale or purchase of production assets without first obtaining a licence from Us (or our licensors, as appropriate) to do so.  This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.

5.6 Nothing in these Terms limits or excludes the fair dealing provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

6. User Content

6.1 User Content on Our Site includes (but is not necessarily limited to) asset listings and descriptions, reviews of asset purchases, comments and forums.

6.2 An Account is required if you wish to submit User Content.  Please refer to Clause 4 for more information.

6.3 You agree that you will be solely responsible for your User Content.  Specifically, you agree, legally assure Us and promise that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 12.

6.4 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the promises given by you under sub-Clause 6.3.  You will be responsible for any loss or damage suffered by Us as a result of such breach.

6.5 You (and that includes anyone who has permitted you to include content owned by them) retain ownership of your User Content and all intellectual property rights subsisting therein.  When you submit User Content you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting Our Site. In addition, you also grant other Users the right to copy and quote your User Content within Our Site.

6.6 If you wish to remove User Content from Our Site, the User Content in question will be anonymised by removing your user name and any avatar you have applied to it.  Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).

6.7 We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.

7. Links to Our Site

7.1 You may link to Our Site provided that:

7.1.1 you do so in a fair and legal manner;

7.1.2 you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;

7.1.3 you do not use any logos or trademarks displayed on Our Site without Our express written permission; and

7.1.4 you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

7.2 Framing or embedding of Our Site on other websites is not permitted without Our express written permission.  Please contact Us at [email protected] for further information or if you find Our Site framed or embedded elsewhere.

7.3 You may not link to Our Site from any other site the main content of which contains material that:

7.3.1 is sexually explicit;

7.3.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;

7.3.3 promotes violence;

7.3.4 promotes or assists in any form of unlawful activity;

7.3.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;

7.3.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, embarrass, or incite others to commit violence against another person;

7.3.7 is calculated or is otherwise likely to deceive another person;

7.3.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;

7.3.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.3);

7.3.10 implies any form of affiliation with Us where none exists;

7.3.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or

7.3.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

7.4 The content restrictions in sub-Clause 7.3 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 7.3.  You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content.  You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.

8. Links to Other Sites

Links to other sites may be included on Our Site.  Unless expressly stated, these sites are not under Our control.  We neither assume nor accept responsibility or liability for the content of third party sites.  The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

9. Disclaimers

9.1 Nothing on Our Site which is content we have included ourselves constitutes our advice on which you should rely.  It is provided for general information purposes only.

9.2 Insofar as is permitted by law, We offer no assurance, promise, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.  If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies.  

9.3 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date.  We do not, however, offer no assurance, promise, or guarantee (whether express or implied) that the Content is complete, accurate, or up-to-date.  Please note that this exception does not apply to information concerning assets for sale through Our Site.  Please refer to Our Seller Terms for more information. 

9.4 We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in User Content.  Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.

10. Our Liability

10.1 The provisions of this Clause 10 apply only to the use of Our Site and not to the sale of assets, which is governed separately by Our Seller Terms.

10.2 To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.

10.3 To the fullest extent permissible by law, We exclude all assurances, promises, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.

10.4 We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

10.5 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware.  However, subject to sub-Clause 10.2, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.

10.6 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

10.7 Nothing in these Terms excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.  

11. Viruses, Malware and Security

11.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.

11.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

11.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

11.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

11.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

11.6 By breaching the provisions of sub-Clauses 11.3 to 11.5, you may be committing a criminal offence under the Computer Misuse Act 1990.  If you do then your breach will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our Site will cease immediately in the event of such a breach.

12. Acceptable Usage Policy

12.1 You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 12.  Specifically:

12.1.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;

12.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;

12.1.3 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

12.1.4 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

12.2 When submitting User Content (or communicating in any other way using Our Site), you must not submit, communicate (other than in the context of a assets which the seller is making available for sale under appropriate age restrictions) or otherwise do anything that:

12.2.1 is sexually explicit;

12.2.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;

12.2.3 promotes or incites hatred or violence;

12.2.4 promotes or assists in any form of unlawful activity;

12.2.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation or age;

12.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

12.2.7 is calculated or is otherwise likely to deceive;

12.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;

12.2.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 12.2);

12.2.10 implies any form of affiliation with Us where none exists;

12.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trademarks and database rights) of any other party; or

12.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

12.3 Where, in the context of an asset which the seller is making available for sale any part of clause 12.2 would otherwise be infringed, We reserve the right to impose what We, in our sole discretion believe to be appropriate restrictions to the availability of the seller’s assets for sale or viewing on Our Site.

12.4 We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 12 or any of the other provisions of these Terms.  Specifically, We may take one or more of the following actions:

12.4.1 suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;

12.4.2 remove any User Content submitted by you that violates this Acceptable Usage Policy; 

12.4.3 issue you with a written warning;

12.4.4 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

12.4.5 take further legal action against you as appropriate;

12.4.6 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

12.4.7 any other actions which We deem reasonably appropriate (and lawful).

12.5 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms.

13. Privacy and Cookies

Use of Our Site is also governed by Privacy Policy. This policy is incorporated into these Terms by this reference.

14. Changes to these Terms

14.1 We may alter these Terms at any time.  Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented.  You are therefore advised to check this page from time to time.

14.2 In the event of any conflict between the current version of these Terms and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

15. Contacting Us

To contact Us, please email Us at [email protected] or using any of the methods provided on Our contact page.

16. Communications from Us

16.1 If We have your contact details (if, for example, you have an Account) We may from time to time send you important notices by email.  Such notices may relate to matters including, but not limited to, service changes, changes to these Terms, Our Terms of Sale, and changes to your Account, but not marketing information.

16.2 We will never send you marketing emails of any kind unless and until 

16.2.1 you have sold or bought a assets from Our Site, or 

16.2.2 we have your express consent to do so. 

If you do give such consent, you may opt out at any time.  Any and all marketing emails sent by Us include an unsubscribe link.  If you opt out of receiving emails from us at any time, it may take up to 14 business days for Us to comply with your request.  During that time, you may continue to receive emails from Us.

16.3 Email marketing options can also be changed in your Account preferences.

16.4 For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at [email protected] or via Our contact page.

17. Data Protection

17.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of Data Protection Laws applicable to the United Kingdom from time to time. At the time of publication of these Terms these include the Data Protection Act 2018 and the UK-retained version of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) referred to as UK GDPR and your rights under the GDPR.

17.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy.

17.3 All personal data we collect is hosted in the UK and We do not transfer your personal information outside the EEA for any reason.

18. Law and Jurisdiction

18.1 These Terms, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the laws of England.

18.2 Any disputes concerning these Terms, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England.