Welcome to our Digital Services (defined below) where you can use our digital services, including on demand programme services, view programming information and more.
These Terms and Conditions (the “Terms and Conditions”) apply to our website at lesflicks.com and associated websites, services and applications including LesFlicks Play (the “Digital Services”). The Digital Services are operated and maintained by or on behalf of LesFlicks (“LesFlicks” or “We” or “Us”) with registered address at 16 Falkland House, Bromley Road, London SE6 2Rn.
1.1 Your access and use of the Digital Services constitutes your acceptance of these Terms and Conditions which apply whether you are a registered user or just a visitor to the Digital Services. Please read them carefully before you use the Digital Services. LesFlicks reserves the right to change these Terms and Conditions at any time by posting changes online. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of the Digital Services after changes are posted constitutes your acceptance of these Terms and Conditions, as modified from time to time by any posted changes. If you do not agree to the Terms and Conditions, please refrain from using the Digital Services.
2 OUR DIGITAL SERVICES
2.1 All rights, including without limitation, copyright, database rights and trade mark rights in the Digital Services and its contents, whether audio, text, images, video or any other form (“Content”), are owned by or licensed to LesFlicks, or otherwise used by LesFlicks as permitted by applicable law. The Content is protected by copyright laws and treaties around the world. All such rights are reserved to LesFlicks and/or our licensors.
2.2 You agree that you will access the Digital Services solely for your own private use and not for any commercial or public use. You agree that you may not copy, reproduce, republish, download, post, adapt, create a derivative work from, distribute, store in any medium (including in any other website), broadcast, transmit, re-transmit, modify, or show in public all or any part of the Content without the prior written permission of LesFlicks or in accordance with the Copyright, Designs and Patents Act 1988. You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. In addition, you may not include a link to the Digital Services or display any of the Content surrounded or framed or otherwise surrounded by material not originating from Us without our consent. You may download, display and use the Content in accordance with these Terms and Conditions only on a single computer screen at a time and you may print out a single hard copy of any part of the Content (but not make photocopies of any such hard copy) for your personal non-commercial use only. Any use of the Content not expressly permitted by these Terms and Conditions is prohibited unless authorised in writing by LesFlicks.
2.3 If you print off, copy or download any part of the Digital Services in breach of these Terms and Conditions, your right to use the Digital Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
2.4 We may use content security technology or use other content protection measures. You agree that you will not circumvent, try to adjust or otherwise interfere with our security technology for any reason.
2.5 You agree not to make Content available on unauthorised websites or software applications and not to share content on P2P networks without our permission. We remind you that such conduct is prohibited by law.
2.6 The names, images and logos identifying LesFlicks and its businesses or third parties and their products and services are proprietary marks of LesFlicks and/or third parties. Nothing contained in these Terms and Conditions shall be construed as conferring by implication, estoppel or otherwise any licence or right under any trade mark of LesFlicks or any other third party.
3 REGISTRATION & YOUR PRIVACY
3.2 You may not apply for or create more than one Account per email address without our prior written approval.
3.3 You must be over the age of 16 to create an account with us. If you are under the age of 16 you must have a parent or guardian’s permission to use the Digital Services and your parent or guardian should be the one to register for the Digital Services.
3.4 If you choose, or you are provided with, a password or any other piece of information as part of our security procedures, you agree to keep that information secret and not to disclose it to any third party. You are responsible for maintaining the confidentiality of your password and your Account and you are solely liable for any unauthorised use of your password or Account and for any access to or use of the Digital Services by you or any person or entity using your Account or password.
3.5 You must immediately inform Us of any unauthorised use of your password or Account or any other breach of security.
3.6 We may disable your password at any time if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions.
3.7 You are responsible for how you interact with other Account holders and users of the Digital Services. We reserve the right, but have no obligation, to monitor how you interact with those persons through your Account.
3.9 You may terminate your account by accessing your profile on the Digital Services and following the instructions to do so there.
4 YOUR CONTRIBUTIONS
4.2 You are solely responsible for any contribution you submit to the Digital Services and by submitting your contribution, you:
(i) warrant that such contribution is your own original work and that you have the right to make it available to LesFlicks for all the purposes specified above;
(ii) agree to waive any moral rights in your contribution for the purposes of its submission to and publication on the Digital Services and the other purposes specified above;
(iii) warrant that your contribution does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Digital Services by, any third party; and
(iv) warrant that your use of the Digital Services and submission is not unlawful and does not harass or cause distress or inconvenience to any person and will not contain obscene or offensive content or disrupt the normal flow of dialogue within the Digital Services.
4.3 You will not, nor will you encourage any other party to, make any statement or introduce any content on, or in relation to, the Digital Services which includes:
(i) or promotes swearing and/or unacceptable, indecent, defamatory, threatening, violent or discriminatory (based on race, religion, sex, sexual orientation, national origin, age or disability, physical or mental) language;
(ii) discussions that encourage, promote or provide information about illegal or criminal activities (including but not limited to pornography, explosives, weapons, violence, drugs, programming viruses, computer hacking and copyright infringement);
(iii) posting of addresses for other websites or content that infringes any third party’s intellectual property rights;
(iv) content which breaches any legal duty owed to a third party, such as a contractual duty or duty of confidence;
(v) exchanging telephone numbers or home addresses, the harassment of other users of the Digital Services (either privately or in a public forum), or the impersonation of our staff, celebrities or any other characters or persons;
(vi) false or misleading indications of origin or statements of fact;
(vii) actions that would disrupt or impair the functioning, stability or security of the Digital Services (including but not limited to the introduction of viruses, bugs, worms, Trojan horses or any other form of contaminants);
(viii) advertisements, promotions, unsolicited approaches, or any other use of the Digital Services for unauthorised commercial purposes;
(ix) any derogatory remarks about LesFlicks or the Digital Services; and
(x) content which is detrimental to LesFlicks.
4.4 We will determine, in our discretion, whether there has been a breach of sections 4.2 or 4.3 above through your use of the Digital Services. When a breach of these sections has occurred, We may take such action as We deem appropriate, including:
(i) immediate, temporary or permanent withdrawal of your information or your right to use the Digital Services and/or any of their features;
(ii) issue of a warning to you;
(iii) legal proceedings against you for reimbursement of all costs on an indemnity basis resulting from the breach;
(iv) further legal action against you; and
(v) disclosure of such information to law enforcement authorities as We reasonably feel is necessary,
We exclude liability for actions taken in response to breaches of sections 4.2 and 4.3 above. The responses described in this section above are not limited and We may take any other action We reasonably deem appropriate.
4.5 Although We ask all Digital Services users to adhere to these Terms and Conditions, you acknowledge that other users may submit material that you consider offensive or objectionable. LesFlicks assumes no responsibility or liability for the individual user content submitted to the Digital Services and such submissions do not represent the views of LesFlicks.
5 CHILDREN AND YOUNG PERSONS
5.1 Users under 18 should only use the Digital Services with the permission of a parent or guardian. The parents or guardians of anyone under 18 using the Digital Services should review these Terms and Conditions carefully.
5.2 Contributions submitted and/or read by minors are subject to the consent of their parent or guardian. We advise parents or guardians who permit minors to use the Digital Services that it is important to communicate with the minors about their safety online.
6 OTHER TERMS & CONDITIONS
6.1 Other terms and conditions apply to our competitions and other interactions by you with the Digital Services. If you wish to take part in any competition which is run on or through the Digital Services (“Competition“) you must at the time of entry confirm your agreement to be bound by the general competition rules (LesFlicks General Competitions Terms & Condition) and any other competition specific rules that may apply from time to time as stated in a ‘Competition Notice’. In respect of any other interaction, you will be asked to confirm your consent to any specific terms and conditions at the time. In the event of any inconsistency between such competition terms or other specific terms (collectively “Special Terms”) and these Terms and Conditions, the Special Terms will apply.
6.2 There is no charge to use the Digital Services. However, your internet service provider may impose charges for you to have access to the amount of bandwidth required to watch our programmes live or on demand. In addition, when accessing the Digital Services from a mobile device there may be additional network charges according to your contract.
7.1 While We take every care to ensure that the information on the Digital Services is accurate and complete, some of it is supplied to Us by third parties and We are unable to check its accuracy or completeness. You are advised to verify the accuracy of any information before relying on it. Further, the Digital Services, the Content and the information, names, images, video clips, pictures, logos and icons regarding or relating to LesFlicks, its products and services (or to third party products and services), is provided “AS IS” and on an “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, availability, security and accuracy.
7.2 LesFlicks does not warrant that the functions contained in the Content contained in the Digital Services will be uninterrupted or error free, that defects will be corrected, or that the server and/or the Digital Services and/or other technology that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of any or all of the Content.
7.3 In no event will LesFlicks be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, profits, revenue, business, contracts, anticipated savings or goodwill, whether in contract, negligence or other tortious action, arising out of or in connection with the use of the Digital Services. This does not affect our liability for death or personal injury arising from our negligence, nor any other liability which cannot be excluded or limited under applicable law.
7.5 LesFlicks is not responsible for any adverts posted on the Digital Services. If you agree to purchase goods and/or services from any third party who advertises on the Digital Services, you do so at your own risk and on the terms offered by that third party. The advertiser, not LesFlicks, is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser.
8.1 You agree to indemnify Us and our affiliates and our respective directors, officers, employees and agents, as well as their licensors and suppliers, from and against any and all legal claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of:
(i) any misrepresentation, act or omission made by you in connection with your use of the Digital Services;
(ii) any non-compliance by you of these Terms and Conditions; or
(iii) claims brought by third parties arising from or related to your access or use of the Digital Services, including without limitation any contribution or other information made available by you on the Digital Services.
9.1 No breach by you of any provision of these Terms and Conditions shall be waived or discharged except with the express written consent of LesFlicks.
9.2 No failure or delay by LesFlicks to act in exercising any right, power or privilege under these Terms and Conditions shall operate as a waiver of that right.
9.3 These Terms and Conditions shall not be enforceable by any person who is not a party to these Terms and Conditions, except by any other LesFlicks group company or LesFlicks connected party.
9.4 If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions.
10 LAW & JURISDICTION
10.1 These Terms and Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of England and Wales and by using the Digital Services you agree that the Courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or their subject matter or formation.
10.2 The Digital Services are only intended to be accessed by residents in the United Kingdom. LesFlicks makes no representation that materials available on the Digital Services comply with local laws in other jurisdictions.
11 CONTACT US
11.1 If you have any concerns about any content on the Digital Services or would otherwise like to get in touch with Us, you can contact Us detailing your concerns or other requests by:
- email to: email@example.com
- post to: 16 Falkand House, Bromley Road, London SE6 2RN
11.2 The Digital Services include live and on-demand programme services. Ofcom is the regulator for the editorial content of broadcast and on-demand programme services. More information can be found at ofcom.org.uk.
11.3 The Digital Services contain advertising. The Advertising Standards Authority is the regulator for advertising across all media. More information can be found at www.asa.org.uk and you can write to the Advertising Standards Authority at Advertising Standards Authority Ltd / Committees of Advertising Practice Ltd, Mid City Place, 71 High Holborn, London, WC1V 6QT
These Terms and Conditions were last updated on 1 March 2019.