Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND MAKE SURE YOU UNDERSTAND AND ACCEPT THEM BEFORE USING THIS SITE AND OUR SERVICES.
1. WHO WE ARE AND HOW TO CONTACT US
1.1. The Film Office Limited is a company registered in England under company number 08585143 whose registered office is at 7-13 Cotton's Gardens, London, England, E2 8DN (“The Film Office”, "we", “us”).
1.2. The Film Office operates the websites at www.filmoffice.co.uk (including further related sites ending with filmoffice.co.uk) and www.filmhub.co.uk (the “Sites”).
1.3. The Sites provide users with access to text, graphics, photographic images, data and links in connection with the provision of locations and related services set out in more detail at clause 7 below (the “Services”).
1.4. Access to and use of the Sites and the Services shall be at all times strictly subject to the terms and conditions of use set out herein (these “Terms”).
1.5. These Terms (together with any further documents or policies referred to herein) set out the legal terms and conditions on which we operate the Sites and, subject to clause 1.6 below, provide the Services. By using the Sites, you (“you”) confirm that you accept and agree to be bound by the Terms in relation to your access to and use of the Sites, the Services and any External Materials (as defined in clause 11.11 below) provided to you through the Sites. If you do not accept and agree to these Terms, you must not access or use the Sites and will not be able to procure the Services. We recommend that you print a copy of these Terms for your future reference. You are also responsible for ensuring that any persons who access the Sites using your internet connection are aware of these Terms and that they comply with them.
1.6. Notwithstanding clause 1.5 above, you acknowledge and accept that these Terms may not represent the entire agreement relating to the provision of the Services and that certain Services (for example the procurement of a licence or permit) will also be subject to agreement of additional terms between you and The Film Office and/or certain third parties from time to time.
1.7. A full list of the defined terms used in the Terms can be found at clause 19 below.
2. FURTHER TERMS THAT MAY APPLY TO YOU
2.1. These Terms expressly refer to the following additional policies, which also apply to your use of the Sites and the Services:
3. CHANGES TO THESE TERMS
3.1. We may amend these Terms from time to time. Every time you wish to use the Sites and/or procure any of the Services, please check these Terms to ensure you fully understand those that apply at that time.
4. CHANGES TO OUR SITES
4.1. We fully reserve our right without limitation (and without liability to you or any third party) and without notice to develop, modify, add to, remove from, suspend, or discontinue temporarily or permanently the Sites and/or the Services from time to time.
4.2. Further, we do not guarantee that the Sites or any further content (including any External Materials) on the Sites, will always be available or be uninterrupted.
5. YOUR FILMHUB ACCOUNT
5.1. In order to access the Services, you will first need to create an account with us (an “Account”) by entering your details where indicated using the online registration formhere.
5.2. To open an Account you must provide all the information which is requested on the registration pages.
5.3. If you are opening an account on behalf of a business or other legal entity, you represent and warrant that you have the authority to legally bind that entity and to grant us all permissions and licences granted in these Terms.
5.4. It is your responsibility to keep your contact details up-to-date on your Account. We may, from time to time, send you important information using the details that you have provided to us. If those details are incorrect or not up-to-date you may not receive important information relating to your Account, the Services or these Terms.
5.5. You must keep your Account details (including your password and username) strictly confidential.
5.6. Your Account is non-transferable and must not be used by anyone other than you. We reserve the right to terminate your Account with immediate effect if we have reason to believe it is being used by anyone other than you and/or you have not kept your log in details confidential.
5.7. You shall be liable for all activities that are undertaken using your Account and you shall compensate us for all and any losses, damages, costs and expenses we may suffer as a result of any failure by you to keep your password strictly confidential.
5.8. We reserve our right to terminate or suspend your Account at any time if we suspect you have acted in breach of these Terms.
5.9. You may terminate your Account at any time provided you do not have any outstanding obligations or payments under or connection with these Terms.
6. PERSONAL INFORMATION
7. THE SERVICES
7.1. The Services we offer include:
7.1.1. Services relating to the FilmHub Location Library. The core of our business, we operate the FilmHub Location Library in order to match Licence Applicants (including filmmakers, event organisers and anyone else looking for a location) with Property Owners looking to generate income from their property or location. Licence Applicants should refer particularly to clause 7.2 below, and Property Owners should refer particularly to clauses 7.3 and 8.
7.1.2. Services relating to the Film Office London Boroughs. We are also the official film office for the Film Office London Boroughs. This means we are the sole point of contact and manage all film and photography enquiries, issue all film and photography permits and assist with making all necessary arrangements in relation to all council services in relation to a film or photographic enquiry (including parking, road closures, traffic management street filming or location hire) within the Film Office London Boroughs. We offer information and support within normal office hours (9am to 6pm Monday to Friday) and at any time during a shoot or other on-location activity. We can also assist with liaising with local residents, businesses authorities and emergency services. See the information set out on the Sites for further details of the services we provide in relation to the Film Office London Boroughs. All enquiries and requests should be made via your Account. Please note, such permits and arrangements are subject to additional charges as detailed on the Sites (and may require you to enter into a further agreement with us) and updated from time to time.
7.1.3. Equipment Hire. From time to time we may recommend local equipment hire providers to you and may also feature such recommended providers from time to time on the Sites. Please note, The Film Office accepts no liability whatsoever for any such recommendations and, for the avoidance of doubt, the websites of such recommended providers would fall within the definition of External Materials set out at clause 11.11 of these Terms.
7.2. Licence Applicants. In order to hire one of our Locations or obtain a permit (to film or for any other activity requiring a permit) in the Film Office London Boroughs, you will need to log into your Account and follow the instructions onscreen to enter information relating to your chosen location, the proposed activity and the wider production or Project (which may include if you are filming, without limitation, where and when you want to film; details of the action/scene to be filmed; details of the cast, crew and equipment to be used; any parking/traffic requirements; details of your production and confirmation that appropriate public and general liability insurance is in place). Please note, you will be required to enter into a separate agreement with us in respect of your hire of each Location.
7.3. Property Owners. In order to register a Location with us, you will need to provide details of your property or location by using the online registration form here. Once you have registered your Location with us, we will provide the following services to you (forming a part of the Services under these Terms):
Property Management and Liaison Services
7.3.1. provision of a point of contact for enquiries relating to your Location during business hours with out of hours contact services 24 hours a day, 365 days a year for stakeholders who may be affected by the Services;
7.3.2. marketing of your Location for use as a filming location (and for all other Project types);
7.3.3. arranging and overseeing (where requested) access to your location by Licence Applicants (and, where relevant, Licence Applicants’ employees, affiliates, agents or sub-contractors) whether or not you wish to be present at any viewing (or whether or not you wish to nominate another person to be present on your behalf);
7.3.4. provision of all necessary liaison services between yourself, the emergency services, local residents, businesses and other parties likely to be affected by the Licence Applicant’s hire of your Location for their Project;
7.3.5. provision of general information to yourself and Licence Applicants relating to any additional likely charges or other requirements connected to the hire of your Location;
7.3.6. negotiation and provision of a Location Hire Licence Agreement (based on our standard terms) to govern any hire of your Location, to be agreed between each Licence Applicant and The Film Office (“Location Hire Licence Agreement”) (which, unless otherwise agreed with you, shall include an indemnity from the Licence Applicant in favour of you in respect of loss, damage, injury, liability, costs, claims or demands or proceedings arising out of or in connection with the use of your Location by the Licence Applicant). You agree that for the purposes of entering into the Location Hire Licence Agreement, we shall be your authorised agent and you hereby authorise us to enter into such Location Hire Licence Agreement in our name and that you shall honour the terms of such Location Hire Licence Agreement and not do anything which would conflict with those terms;
7.3.7. in connection with 7.3.6, negotiation of all Fees with Licence Applicant and notification to you of the agreed Location Hire Fee;
7.3.8. provision of information on local support services;
7.3.9. provision of a centralised invoicing and payment processing facility in respect of the hire of your Location;
7.3.10. provision of information to you in respect of the Location Hire Fee and any other available income in respect of any proposed hire;
7.3.11. provision of updates and briefings to you during the hire of your Location;
7.3.12. promotion (at our discretion) of positive media attention around the use of your Location; and
7.3.13. consultation with you or any representative acting on your behalf (nominated in accordance with clause 8.2.5) before approving any hire of your Location that either (i) may reasonably be deemed as sensitive or controversial, or (ii) is of a Project-type that you have identified to us as requiring consultation before approval.
7.4. Location Managers. In order to become entitled to receive a Location Manager Fee, you will need to ensure the relevant Property Owner uses the link you provide when they register their Location (or ensure the relevant Property Owner uses the ‘Location Manager Invite Code’, available via your ‘My Account’ pages, to link their Location to your Account). Further instructions are set out on the Sites.
8. OBLIGATIONS - PROPERTY OWNERS
Please note: this clause 8 only applies to Property Owners
8.1.1. Subject to 8.1.2 and 8.1.3, to grant The Film Office the right to hire out your Location(s) while your Location(s) is/are registered on the FilmHub Location Library;
8.1.2. to grant The Film Office the right to take tentative bookings from Licence Applicants of your Location and to notify you of the same (whereupon you will be entitled to approve such bookings and you agree to confirm the same shall do so in writing);
8.1.3. (during any period in which a tentative booking is in place) to notify us immediately if you receive any other enquiries (or other circumstances arise) relating to the hire or use of your Location on or around the dates of the tentative booking;
8.1.4. that you shall not enter into any arrangement or liaise directly with any Licence Applicant, or its employees, affiliates, agents or sub-contractors in respect of your Location(s) or any Project;
8.1.5. that you shall not levy additional hire charges for your Location when a Project is taking place;
8.1.6. to make available your Location to a hiring Licence Applicant, free from interference or obstruction on your part (or at your instruction or under your permission);
8.1.7. to grant all access to your Location as required by the Licence Applicant (including access for all required personnel, equipment, sets, vehicles, plant and machinery);
8.1.8. (subject always to your prior written approval) that the Licence Applicant shall have the right (acting in good faith) to make such changes, additions and/or alterations to your Location (interior and exterior) as may be required for the Project;
8.1.9. to notify us (in order to enable us to notify Licence Applicant) of any policies or procedures which must be complied with when entering the Location or using it for the Projects;
8.1.10. that the Licence Applicant shall have the right to identify your Location by its actual name and location or to represent your Location as being another location whether real or fictitious and/or to attribute fictitious and/or real events as having taken place at your Location;
8.1.11. that all Intellectual Property Rights arising out of the hire of your Location by a Licence Applicant in respect of the Project (or otherwise) shall belong absolutely and in full to that Licence Applicant;
8.1.12. that the above rights or entitlements granted to (or commitments made to) us or (to the extent applicable) Licence Applicants, under this paragraph 8.1, shall also be deemed to apply to our and the relevant Licence Applicant’s respective employees, affiliates, agents and sub-contractors.
8.2.1. warrant, represent and undertake that you have the absolute right to (i) discharge all relevant obligations, and (ii) grant the rights in respect of your Location as set out within or required in connection with this agreement;
8.2.2. shall grant the Licence Applicant the right to enter and film, photograph and record all or any part of your Location including names, signs and identifying insignia of the Location using such personnel and equipment as the Licence Applicant considers necessary or desirable;
8.2.3. except to the extent identified by you in writing prior to the signature of this Agreement, warrant, represent and undertake that no further consents are required from any person (including without limitation planning consent) with respect to the parties entering into this agreement;
8.2.4. shall not (without the express written agreement of the relevant Licence Applicant) take any photographs or recordings of the Licence Applicant’s activities at your Location;
8.2.5. shall nominate an individual to liaise with us for the purposes of these Terms; and
8.2.6. agree not to make any disclosure or supply any information to any third party relating to any matters arising in connection with any hire by a Licence Applicant of your Location or otherwise under these Terms.
8.2.7. the above commitments under this paragraph 8.1 shall be deemed to apply to the benefit of our and (to the extent applicable), the relevant Licence Applicant’s, respective employees, affiliates, agents and sub-contractors as well as to us and, to the extent applicable, the relevant Licence Applicant themselves.
9. PAYMENT TERMS
9.1.1. In consideration for the provision of the Services to you (as a Licence Applicant), you shall pay The Film Office all Fees due in accordance with this clause 9.
9.1.2. All Fees are exclusive of value added tax.
9.1.3. All Fees are payable prior to the date(s) on which you will be using a hired Location and/or the date(s) on which the Services are to be performed (except where otherwise expressly agreed with us in writing).
9.1.5. All payments must be made by debit or credit card, bank transfer or other accepted payment method indicated on the Sites by following the instructions set out on the Sites.
9.1.6. In the event of a cancellation or refund (on reasonable notice), Fees will be refunded to the same payment method used to make the payment to us. Such refunds shall be subject to any applicable cancellation charges set out on the Sites from time to time and we shall not be required to refund any Fees to the extent we have made payments to third parties in reliance on such Fees being retained by us or if those Fees are charges levied by and now owed to third parties (for example, fees charged by and paid to London Boroughs).
9.1.7. The name on any debit or credit card or bank account used for payment of Fees should be exactly the same as the name on your account (or belong to a company or entity identified within the production details submitted to us).
9.2. Property Owners
9.2.1. As soon as practicable following receipt of a Location Hire Fee from a Licence Applicant (and within 14 days of receipt by us of the Location Hire Fee in any event, subject to us receiving from the Property Owner a valid invoice) we will transfer to the relevant Property Owner the Location Hire Fee less our Location Hire Commission and any disbursements reasonably incurred (and agreed with you in advance, wherever possible).
9.2.2. Save where otherwise agreed in writing our Location Hire Commission shall be 20% of the Location Hire Fee.
9.2.3. All sums payable under this Agreement are exclusive of VAT. If VAT is payable, Film Office shall require the Licensee to pay the applicable VAT subject to receipt by the Licensee of a valid VAT invoice.
9.3. Location Manager Fee
9.3.1. The Location Manager Fee (in the event one is applicable) shall be payable to the Location Manager quarterly out of our Location Hire Commission.
9.3.2. The Location Manager should invoice The Film Office at the end of each Quarter.
9.3.3. Save where otherwise agreed in writing, the Location Manager Fee (where one is applicable) shall be 25% of the relevant Location Hire Commission.
9.4. In the event you have any questions or concerns relating to any Fees or other sums payable under or in connection with these Terms, please email firstname.lastname@example.org
10. INTELLECTUAL PROPERTY IN OUR WEBSITES
10.1. The Intellectual Property Rights in all software, text and visual content made available to you on the Sites remains at all times the property of The Film Office (and its licensors). All rights are expressly reserved by The Film Office (and its licensors).
10.2. You hereby grant The Film Office a worldwide, perpetual, irrevocable, sub-licensable, royalty-free, non-exclusive licence to use, copy, reproduce, modify and/or publish any images, text or other content uploaded by you to public-facing areas of the Sites in any way we see fit (whether on the Sites or via other platforms, media or publications) without further notice or payment to you or any third party.
10.3. We hereby grant to you a revocable, royalty-free, non-exclusive licence to access the Sites provided that you comply in full with these Terms at all times. Your access to the Sites confers no rights whatsoever to the content and related intellectual property rights contained within the Sites.
10.4. If you suspect that any content on the Sites may infringe any intellectual property rights that you own or control, please email email@example.com.
11.1. Nothing in these Terms shall operate to exclude or limit our liability for:
11.1.1. death or personal injury caused by our negligence; or
11.1.2. any breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982; or
11.1.3. fraud; or
11.1.4. any other liability which cannot be excluded or limited under applicable law.
11.2. Subject to paragraph 11.1, if we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable.
The Sites and the Services
11.3. We shall in no circumstances be liable to you for any loss of profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity, or for any indirect or consequential loss or damage arising out of or in connection with our breach of these Terms or otherwise arising out of your access to and/or use of the Sites (including but not limited to the External Materials) and/or the Services.
11.4. Subject to clause 11.1, our aggregate liability to you in respect of any claims based on events arising out of or in connection with these Terms, the Sites and/or the Services, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed the greater of (i) £10,000, or (ii) the value of the aggregate Location Hire Fee paid by you to The Film Office or sums received by you via The Film Office in connection with the Services within the immediately preceding 12 month period.
11.5. (As a Licence Applicant) you shall indemnify and hold The Film Office (and Film Office’s agents, subcontractors, consultants and employees) harmless against all damages, costs, claims and expenses incurred during your use of a Location (including loss or damage to any equipment or property at the Location) attributable to any act or omission of you, your guests or attendees at the Location and your agents, subcontractors, consultants or employees or any other person or entity for whom you are responsible or whom you invite onto the Location.
11.6. (As a Property Owner) you shall indemnify The Film Office (and Film Office’s agents, subcontractors, consultants and employees) against any loss, claims or proceedings however arising in connection with (i) any dispute over the validity of your title and/or ownership of your Location and/or your right to grant the rights granted under or in connection with these Terms), and (ii) in respect of any actual or alleged breach or non-performance by you of any or all of your obligations, representations, warranties and/or undertakings contained in these Terms.
11.7. To the extent that The Film Office's performance of its obligations under these Terms or in connection with the Services is prevented or delayed by any act or omission by you or your agents, subcontractors, consultants or employees, The Film Office shall:
11.7.1. not be liable for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay;
11.7.2. be entitled to payment of any fees (that would have been due to us if not for the prevention or delay) despite any such prevention or delay; and
11.7.3. be entitled to recover any additional costs, charges or losses we sustain or incur that arise directly or indirectly from such prevention or delay.
11.8. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation any act of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or obstruction or failure of public or private telecommunications networks and/or the internet.
11.9. If an Event Outside Our Control takes place that affects the performance of our obligations to you:
11.9.1. we will contact you as soon as reasonably possible to notify you; and
11.9.2. our obligations will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
Disclaimer - the Sites
11.10. Although we make reasonable efforts to update the information on the Sites, we make no representations, warranties or guarantees, whether express or implied, that the content on the Sites is accurate, complete, up to date or error-free.
11.12. In the unlikely event that the Sites damage a device or any digital content belonging to you and strictly to the extent that the damage is directly attributable to our failure to use reasonable care and skill in operating the Sites, you may be entitled to require us to repair the damage (or to compensate you for any irreparable damage). If you feel this may be the case, please write to us clearly setting out the circumstances using the address provided in clause 1.1 or email firstname.lastname@example.org.
12. LINKING TO THIS SITE
12.1. You may link to any of the Sites’ home pages, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
12.2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
12.3. You must not establish a link to the Sites in any website that is not owned by you without first obtaining all necessary consents.
12.4. The Sites must not be framed on any other website, nor may you create a link to any part of our site other than the home page.
12.5. We reserve the right to withdraw linking permission without notice.
12.6. If you wish to link to or make any use of content on our Sites other than that set out above, please contact email@example.com
13. USE OF SITE CONTENT
13.1. You may store, display and print off one copy of any content supplied on the Sites solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the Sites.
13.2. You must not modify the paper or digital copies you have printed off or downloaded (in accordance with clause 13.1 above) in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Further, our status and that of any identified contributors as the authors of content on the Sites must always be acknowledged.
13.3. We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity that you may suffer in relation to your use of this Sites and/or the Services.
13.4. You may use the Sites for lawful purposes only. You may not use the Sites and/or the Services:
13.4.1. in any way that breaches any applicable local, national or international law or regulation;
13.4.2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; or
13.4.3. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
13.5. Any breach of this clause 13 will result in your right to use the Sites ceasing automatically and with immediate effect and may result in legal action being taken against you.
14. SITE SECURITY AND MISUSE OF THE SITES
14.1. We do not guarantee that the Sites will be secure or free from bugs or viruses.
14.2. You are responsible for configuring your information technology, computer programmes and platform to access our Sites. You should use your own virus protection software. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or any other technologically harmful material that may infect your computer hardware, computer software, data or other property due to your use of the Sites.
14.3. You must not misuse the Sites by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Sites, the server on which the Sites are stored or any server, computer or database connected to the Sites. You must not attack the Sites via a denial-of-service attack or a distributed denial-of service attack. By breaching this clause, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities fully (and will disclose your identity to them to the extent that we are able to do so). In the event of such a breach, your right to use the Sites will cease immediately.
14.4. You are responsible for any content you upload to the Sites and you shall ensure that any such content does not infringe any applicable laws, regulations or third party rights (including material which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred, menacing, blasphemous or in breach of any third party Intellectual Property Rights) (Inappropriate Content).
14.5. We reserve our right to remove any content from the Sites where we reasonably suspect such content is Inappropriate Content without notice to you.
14.6. You shall indemnify us against all damages, losses and expenses arising as a result of any action or claim that the content that you have uploaded constitutes Inappropriate Content.
15. CONTACT US
15.1. If you have any questions, complaints or suggestions in relation to the Sites, the Services or these Terms, please email firstname.lastname@example.org and we shall deal with your query or complaint as quickly as possible.
16. LEGAL DISPUTES
16.1. We would rather attempt to resolve any dispute with you through good faith discussions before resorting to legal proceedings. Therefore, if you have any issue or complaint in relation to the Sites, your Account, these Terms or the Services please write to us using address in clause 1.1 or the email address in clause 15 above.
17. NO PARTNERSHIP
Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party (except as expressly set out in these Terms), or authorise any party to make or enter into any commitments for or on behalf of any other party except as provided in these Terms (expressly including clause 7).
18. OTHER IMPORTANT TERMS
18.1. We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.
18.2. You may not assign these Terms to any third party.
18.3. This contract, created by you accepting these Terms, is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
18.4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
18.5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
18.6. In the case of any conflict between the English language version of the Terms and any versions in other languages, the English language version shall prevail. For the avoidance of doubt, reliance should not be placed on translations of the Terms produced by online translation services (such as Google Translate).
18.7. These Terms are governed by the laws of England and Wales. This means that any dispute or claim arising out of or in connection with these Terms will be governed by the laws of England and Wales. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.
19. GLOSSARY AND INTERPRETATION
19.1. The following definitions can be found in the relevant paragraphs, or as set out below:
“Account”: has the meaning set out at clause 5.1;
“Booking Fee”: means a one-off booking fee charged by us to Licence Applicants when they engage us for Services to cover our library and booking administration costs incurred in setting the Licence Applicant up as our customer;
“Content”: any kind of text, data, information, graphic detail, image, audio or video material;
“Event Outside Our Control”: has the meaning set out at clause 11.8;
“External Materials”: has the meaning set out at clause 11.11;
“Fee” any fee payable for the Services (including, without limitation, Location Hire Fees and all charges issued by the Film Office London Boroughs and including the Booking Fee).
“FilmHub Location Library”: the full library of Locations available to hire as set out (and updated) from time to time at www.filmhub.co.uk
“Film Office London Boroughs”: means the London boroughs that have appointed us as their official film office, as set out (and as updated from time to time) on the Sites.
“Inappropriate Content” see clause 14.4.
“Intellectual Property Rights”: means patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights including all rights in the graphic, photographic and textual content on the Sites, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
“Licence Applicant”: any Account-holder who hires (or is looking to hire) a Location and/or to obtain a permit (whether for filming or otherwise).
“Location”: a property or location featured on the FilmHub Location Library.
“Location Hire Licence Agreement” see clause 7.3.6.
“Location Hire Commission”: our charges (as set out on the Sites or agreed in writing from time to time), deducted from the Location Hire Fee.
“Location Hire Fee”: the fee charged to a Licence Applicant for use of a Location.
“Location Manager”: an Account-holder who causes a Property Owner to register its Location on the FilmHub Location Library.
“Location Manager Fee”: the commission payable to a Location Manager relating to a Location they caused to be added to the FilmHub Location Library.
“Property Owner”: the owner, company or individual with management authority of a Location.
“Project”: the proposed activities or events forming or connected to the principal reason behind the Licence Applicant hiring the Location. Such activities or events may include (without limitation) any filming, photography (including still photography), parking, recording processes, broadcasting, internet media, set-up and operation of production offices, storage, live performances, social or private events and public relations/brand activation.
“Services”: see clause 1.3;
“Sites”: see clause 1.2;
“Terms”: see clause 1.4; and
“The Film Office”, “we”, “ us”: see clause 1.1;
“Quarter”; means a three month period within a calendar year, running as follows: 1 January to 31 March; 1 April to 30 June; 1 July to 30 September; and 1 October to 31 December.
“you”: see clause 1.5.
19.2. A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time. A reference to a statute or statutory provision includes any subordinate legislation made from time to time under that statute or statutory provision.
19.3. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
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