www.movietexts.com (the “Site”) provides an online service for customised movie messages created from movie templates (the “Materials”) to be sent either via email or by wap push to mobile phones (the “Service”). The Service is provided by 121 movies Ltd (the “Company”). By browsing or using the Site you acknowledge that you have read, understood and agreed to be bound by these Terms and Conditions (the”Terms”).
1. About Us.
The Site is provided by 121 movies ltd (trading as ‘MovieTexts.com’) (“we/us”) under company number 05541916 whose principal place of business is at Cheltenham Film Studios, Hatherley Lane, Cheltenham, Gloucestershire, GL51 6PN.
2. Privacy Policy.
Any personal data which you provide to us through the Site is subject to our Privacy Policy.
3. Copyright.
The Site and its content (including but not limited to, animations, character design, text, software, music, lyrics, sound, photographs, graphics, video, page layouts and design) are protected by intellectual property rights, including copyright and trademark, as detailed in our Copyright and Trade Mark Notice. You acknowledge that all Materials are protected by copyright and owned or controlled by the Company or the parties credited in the copyright notices within the Materials. All Materials are for personal, non-commercial use. You may not modify, reformat, publish, create new or derivative works from, distribute, licence, rent, lease, sell, or in any way exploit any of the Materials in whole or in part or any information learned by you whilst using the Service or accessing the Site. You agree that any copy of the Materials that you make or have in your possession shall be unaltered and shall retain all copyright and other proprietary notices contained therein. All rights not granted or licensed pursuant to the terms of this agreement are hereby expressly reserved to us.
4. The Site.
You may not remove, change or obscure, in any way, anything on the Site and/or the Service or otherwise use any of the Materials obtained whilst using the Site and/or the Service except as set out in these Terms. You hereby agree not to reverse engineer or decompile (whether in whole or in part) any software used in the Service, copy or use any of the Materials from the Site and/or Service for any commercial purpose.
5. Use.
You warrant that you will only use the Site and the Service in accordance with these Terms and in an appropriate and lawful manner and that you shall not (and shall not authorise or permit any other party to): receive, access or transmit any content which is obscene, pornographic, threatening, racist, menacing, defamatory, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise objectionable or unlawful. You also warrant that you will not use the Site to send unsolicited bulk or commercial messages. We reserve the right to limit, in our sole discretion and without prior notice to you, the number of times any MovieText or any other Service can be viewed or downloaded by you or a recipient.
6. Information.
In order to provide the Service to you, we require to hold and process the personal information you give us. We only use this information in order to provide the Service and for carrying out analysis and research in relation to the Service and we only disclose it to other parties for those purposes or where required to do so by law. Where you input details of other people such as email addresses and telephone numbers you should be aware that we will be holding and processing these details on your behalf and we are assuming that you are entitled to give us this information and that those people will not object to us holding it for the purposes of the Service. In any event we will only use this information to provide the Service to you in accordance with your instructions and for no other purpose.
7. Content.
You acknowledge that the Company is unable to exercise control over the security or subject matter of content passing via the Service and the Company hereby excludes all liability of any kind for the transmission or reception of infringing content of whatever nature.
8. Viruses.
All files on the Site have been carefully checked for viruses and corrupt data, however neither the Company nor its employees shall be liable for any kind of damages whatsoever resulting from or arising in connection with files downloaded or transmitted by you from the Site.
9. Disclaimers.
Our trading name and the Site are owned by us and are descriptive of our products and services. Your use of the Site is at your sole risk. The Site and Service are provided on an ‘as is’ and ‘as available’ basis and we do not guarantee that the Site will be suitable for your purposes or requirements. If your computer does not support relevant technology, including encryption, you may not be able to use certain services or access certain information on the Site. The Site is accessed via the World Wide Web (“the web”) which is independent of us. Your use of the web is solely at your own risk and subject to all applicable national and international laws and regulations. We shall have no responsibility for any information or service obtained by you on the web. We do not assume any liability, or responsibility, for any content uploaded, downloaded or otherwise transmitted by you to the Site or any third party. So far as is permitted by law, we disclaim all warranties, conditions and other terms of any kind, whether expressed or implied, whether in contract, tort (including liability for negligence) or otherwise, including, but not limited to any term of satisfactory quality, fitness for a particular purpose, and any standard of reasonable care and skill.
10. Liability.
So far as permitted by law, and except in respect of death or personal injury arising from negligence, we exclude any liability for loss or damage of any kind resulting from the use of the Site (including the reliance upon any information contained on it). We shall not under any circumstances be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this Site, even if we or a representative of ours has been advised of the possibility of such damages. Every effort has been made to ensure the accuracy of the information provided on the website’s pages, however neither the Company nor any of its employees make any warranty, expressed or implied, or assume any legal liability (to the extent permitted by law) or responsibility for the suitability, reliability, timeliness, accuracy or completeness of the service or any part thereof contained on the Site or in the Services.
11. Indemnity.
You agree to indemnify and hold us and our shareholders, directors, officers, employees, assignees and licensees harmless from and against any and all claims, damages, liabilities, costs and expenses, including reasonable attorneys’ fees, arising from any breach of your obligations hereunder.
12. General.
These terms constitute the entire agreement between you and us and shall be governed by the laws of England and the English courts shall have non-exclusive jurisdiction over any dispute. Any failure by us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
13. Variation.
The Company reserves the right to vary or modify this agreement at any time by updating this page. By using the Site you agree to be bound by any such variations.
TERMS OF SALE AGREEMENT
The following agreement (the “Agreement”)contains an additional set of terms which apply to those who choose to purchase a subscription (“Subscription”; “Subscribers” shall be construed accordingly) to use MovieTexts or any other Service supplied by the Site and to those who purchase a MovieText or any other Service on a ‘one off’ basis (“One off Purchasers”). The terms in this Agreement are in addition to the Terms and Conditions above and nothing in this Agreement shall override or replace any of the above Terms and Conditions.
1. Licence.
The Company hereby grants to you a limited licence to use such MovieTexts or other Services of the Site as are from time to time determined, at the Company’s sole discretion, to be available to Subscribers or One off Purchasers.
2. Subscription.
The terms and pricing of the Subscription shall be those as defined on the Site as applicable at the time of Subscription and those terms shall apply to the Subscription for its entire duration. The Company reserves the right to alter the terms and pricing of Subscriptions at any time. Subscriptions that are renewed shall be renewed at the terms and pricing applicable at the time of renewal. Your purchasing of a Subscription does not commit the Company to the future maintenance or availability of the Site nor to the provision of further Services. The company reserves the right to refuse an application for subscription at its sole discretion. Under the United Kingdom Consumer Protection (Distance Selling) Regulations 2000 (“Regulations”), you can postpone commencement of the Service until the seven working day cooling-off period referred to in the Regulations has expired. However, if you choose to become a Member and enter the Site, you are electing to commence the Service immediately and you thereby waive any right under the Regulations to cancel the Service.
3. Your Obligations.
You agree not to disclose your password to anyone else. You agree to ensure that the email address which you supply as part of your subscription application is correct and valid and that you will notify the Company of any change of email address by means of the facilities available on the site.
4. Phone Compatibility.
Not all mobile phones can view movies. You acknowledge that it is your responsibility to ensure that the recipient can view the movie messages you send and that their phone has access to the internet. If you are uncertain whether your recipient’s mobile phone can handle video, the recipient can still pick up your MovieText on the web via the link we send them. Neither the Company nor its employees shall be held liable in any way whatsoever for non delivery of messages. You also acknowledge that it is your responsibility to ensure that the recipient is aware that download charges may be incurred. The Company shall not be responsible for any charges incurred in sending, receiving or downloading any part of the Service.
5. Delivery.
Each MovieText is individually produced. Under normal circumstances your MovieText will be dispatched to your recipient within minutes. However, at peak times when traffic at the site is very high, production and delivery may take longer. Email delivery by third party service providers is beyond our control and we cannot take responsibility for non delivery of email we have despatched. The same applies to SMS messages. These are delivered by mobile service providers and we cannot take responsibility for non delivery of SMS messages we have despatched. If a message has not been received within 24 hours of ordering, you are advised to email us at the earliest opportunity to notify us of the problem, but at any rate within seven days. If you do not notify us within 7 days we will assume the message has been delivered. If our records show the item as having been sent we will, at our discretion, attempt to resend the message free of charge up to a maximum of two more times to the email address or mobile number as originally specified. If the Purchaser’s error caused the non-delivery, payment will not be refunded.
6. Price.
The price of any item purchased as part of the Service will be that quoted on the Site at the time of purchase. The Company will not issue refunds based upon inaccuracies represented by the purchaser. When the buyer uses a credit card to pay for the Service, by approving the purchase of the Service, the buyer authorises the Company or its agents to charge the credit card for the purchase. All prices are inclusive of any applicable VAT. Any details given in relation to exchange rates are approximate and may vary from time to time.
7. Termination.
Either party may terminate this Agreement at any time by sending written notice to the other party of their intention. You may terminate this Agreement by informing us via the Contact Us page. The Company reserves the right to terminate this Agreement and/or suspend your access to the Service immediately and without notice to you in the event that you breach the terms of this Agreement.
8. Refunds.
All refunds shall be solely at the discretion of the Company.
9. General.
These terms constitute the entire agreement between you and us and shall be governed by the laws of England and the English courts shall have non-exclusive jurisdiction over any dispute. Any failure by us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
10. Variation.
The Company reserves the right to vary or modify this agreement at any time by updating this page. By subscribing you agree to be bound by any such variations. If you disagree with any of the Terms in this Agreement or any future changes to the Agreement you should cancel your subscription. If you continue to use the site after the posting of any variations to the Agreement you agree to be bound by the variations.
11. Contact.
Technical support is not available by telephone. If you do have any technical queries please visit our help pages to contact us.
121movies ltd.
Cheltenham Film Studios
Hatherley Lane
Cheltenham
GL51 6PN
121movies is a limited company registered in the U.K.
VAT No: 879 8627 40
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