LISTINGS TERMS AND CONDITIONS

TERMS AND CONDITIONS FOR PRODUCTION COMPANIES AND JOURNALISTS

This page (together with the documents referred to in it) tells you the terms and conditions (Terms) on which we publish listings on our website www.beonscreen.com (our site) (the Service). Please read these Terms carefully and make sure that you understand them, before asking us to place a listing on our site. By placing a listing on, or using our site, you agree to be bound by these Terms.

You should print a copy of these Terms for future reference. They apply to you in addition to our website terms of use, our acceptable use policy and our privacy policy.

If you accept these Terms, please check the check box to indicate your acceptance when prompted to do so. Please understand that if you refuse to accept these Terms, you will not be able to place any listings on our site.

Information About Us

We operate the website www.beonscreen.com We are Beonscreen Limited, a limited company registered in England and Wales under company number 04568357 and with our registered office at Beonscreen Ltd - One Eastwood Binley Business Park - Coventry - CV3 2UB. Our main trading address is the same as our registered office address. Our VAT number is 826 8254 09.

Service Availability

  1. Our site is mainly aimed at UK production companies. We do accept listings from production companies outside the UK provided that it is lawful in the jurisdiction in which you are resident for you to access our site and use our Service and for you to produce any programme that you list, and by registering to use our Service you warrant to us that this is the case. Listings are only advertised via updates to our members who are located in the UK, but they will be visible to all members (within and outside the UK) by searching or browsing our site.
  2. Although we aim to offer you the best service possible, we make no promise that the Service will meet your requirements. We cannot guarantee that the Service will be fault free. If a fault occurs in the Service you should report it to us immediately by contacting us at beonscreen support or by emailing support@beonscreen.com and we will attempt to correct the fault as soon as we reasonably can.
  3. Your access to the Service or our delivery of the Service may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the Service as soon as we reasonably can.

YOUR STATUS AND GENERAL OBLIGATIONS

  1. By applying to place a listing on our site, you warrant that:
    1. You are the authorised representative of any entity on whose behalf you purport to register on our site or add any listing to our site and that you are authorised to bind that entity to these Terms;
    2. You are at least 18 years old (or, if higher, the relevant minimum age in the jurisdiction in which you are resident);
    3. You and any entity on whose behalf you purport to register on our site or add any listing to our site are resident in the UK or another jurisdiction in which it is lawful for you and that entity to access our site and use our Service and for you and that entity to produce any programme that you list;
    4. You and any entity on whose behalf you purport to register on our site or add any listing to our site have the legal capacity and the legal right to offer the participation and/or audience tickets referred to in the listing;
    5. You and any entity on whose behalf you purport to register on our site or add any listing to our site are authorised by any third party named in such a listing to publish their name and that they have agreed the content of any such listing prior to you adding it to our site;
    6. All information and materials that you provide to us in connection with your registration, your listing and its subject matter are complete, accurate, legal, non-defamatory, decent, honest and truthful and comply with the British Code of Advertising Practice and any other relevant codes under the general supervision of the Advertising Standards Authority, and with all current relevant legislation;
    7. (g) the publication of the listing by us on our site will not breach any contract, infringe any third party intellectual property rights or other rights, or make us liable to any proceedings, and/or harm our reputation in any way; and
    8. in relation to any listing which contains any photograph or video by which any living person is or can be identified, you have obtained the necessary consent of that person and complied with the Data Protection Act 1998 (as amended from time to time) in all respects.
  2. The Service does not include the provision of computer or other necessary equipment to access the Service. To use the Service you will require internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone or other costs that you may incur.
  3. Whilst we review each listing before it is placed on our site, we do not control and shall not be responsible for the content of your listing, which you agree is your sole responsibility. Accordingly, you shall be responsible for any losses, expenses or other costs incurred by us caused by an untrue or misleading statement or description, or inaccurate or misleading photograph or video supplied. We reserve the right to refuse to publish any listing (or to withdraw any listing already published) without reason and to classify, edit and delete any listing at our sole discretion. We may at any time remove any material (including without limitation videos or photographs) from the listing which in our opinion is unlawful or has been placed on the listing in breach of clause 3.1 above or is otherwise in breach of these Terms or any contract between us. You are entirely responsible for the production of any programme that you list, for any participants introduced to you via our site and any liability to them in connection with their participation in that production. By publishing a listing on our site, we neither endorse nor condone it.
  4. Application for the Service is conducted in the English language only.
  5. You agree to provide true, accurate, current and complete information about you and your company as prompted by the service registration process (registration details). You further agree that, in providing such registration details, you will not knowingly omit or misrepresent any material facts or information and that you will promptly enter corrected or updated registration details via the Service, or otherwise advise us promptly in writing of any such changes or updates. You also agree to update your registration details (including, but not limited to, your current email address) as soon as they change
  6. When you register to use the Service, you will need to enter a unique user name which will appear on your public profile. You will need to provide us with a unique email address and password to access your account (User ID). You agree that you will not allow another person to use your User ID to access or use the Service under any circumstances. You agree that you are solely and entirely responsible for your User ID and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to keep it secure. We are not liable for any charges, damages, liabilities or losses caused by or related to the theft of your User ID, your disclosure of your User ID, or you allowing another person to access and use the Service using your User ID.
  7. Your user ID must NOT include any of the following:
    1. obscene or profane words;
    2. another user's username;
  8. You are solely and entirely responsible for any and all use of your account, including any charges incurred relating to the Service. You agree to immediately notify us of any unauthorised use of your account or any other breach of security known to you.
  9. You acknowledge that the complete privacy of your data and messages transmitted over the internet while using the Service cannot be guaranteed.
  10. When you submit your registration details to us, we will send you an email confirming receipt of your registration details, but this does not require us to accept your registration for the Service (see clause 4 below).

HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

  1. All registrations and listings are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that we have approved your registration and/ or the placing of your listing (as the case may be) on our site (confirmation). The contract between us (Contract) will only be formed when we send you the registration and/or listing confirmation (as the case may be).

DATA PROTECTION

  1. All information received by us in relation to your registration for the Service and/or your use of our site and/or the Service will be used in accordance with our privacy policy. By sending your registration details to us you are confirming that you have read and agreed to our privacy policy.
  2. In particular you should note that by submitting a listing to us, you are requesting that your listing appears on our site. This means that the listing and any data you have included in it can potentially be viewed by all persons with internet access throughout the world. By applying to place a listing on our site, you consent to the publication of your data in this way.

INTELLECTUAL PROPERTY

  1. All intellectual property rights (including, without limitation, copyright, trade marks, database rights and design rights (whether registered or not)) (IPRs) in our site, and in any logo, copy, text, artwork, photographs or other materials which we have created, and/or in any way altered for you, shall belong to us absolutely. To the extent that any such IPRs are not automatically vested in us, you assign to us all such IPRs. You shall, at our request, sign and execute all such documents and do all such acts as we may reasonably require to vest the IPRs in us, and to protect and enforce them. You further undertake that neither you nor any other person will assert any moral rights in or relating to the IPRs against us or any third party.
  2. In respect of any materials (except those referred to in clause 6.1 above) which you supply to us (materials), you grant us a non-exclusive, worldwide, irrevocable, perpetual and royalty free licence to use the materials for any purpose.
  3. You shall indemnify and keep us fully and effectively indemnified against all actions, suits, claims, demands, costs, charges, damages, losses and expenses (including legal expenses on an indemnity basis) suffered or incurred by us due to, or arising out of:
    1. the publication by us of any listing for you in accordance with your instructions or specifications including (without limitation) any claim for defamation or for the infringement of any third party's IPRs; or
    2. any breach by you of these Terms, our website terms of use or our acceptable use policy.

OUR STATUS AND OBLIGATIONS

  1. We cannot give any undertaking that any individuals who submit an application to you via our site in response to your listing will be suitable for your requirements, and any such warranties are disclaimed by us absolutely.
  2. We aim to process listings supplied to us online promptly following receipt, and publish them on our site once you have made your payment. As soon as we have accepted a listing for publication on our site, we will send you a confirmation message via our site’s messaging facility explaining that the listing has gone live on our site. We reserve the right at our sole discretion to reject any listing, and if we do so we are not obliged to tell you our reasons. We will however attempt to send a message to you as soon as reasonably practicable following such rejection notifying you that your listing has been rejected, and we will not charge you the listing fee in respect of the rejected listing.

SUSPENSION AND CANCELLATION OF YOUR REGISTRATION OR LISTING

  1. We may suspend or cancel your registration immediately and remove your listing(s) from our site at our reasonable discretion or if you breach any of your obligations under these Terms, including without limitation any of the warranties contained in clause 3.1 above.
  2. You can cancel your registration at any time by informing us in writing. If you do so, you must stop using the Service. Cancelling your registration will not entitle you to a refund in respect of any listing(s) that you have previously placed on our site, whether or not they are still running at the time of cancellation. Any listings running at the time that you cancel your registration will be removed from our site*, without any liability to you on our part.
  3. The suspension or cancellation of your registration and/or the Contract and/or your right to use the Service shall not affect either your or our rights or liabilities.

MODIFICATION OF SERVICE

We reserve the right to modify, suspend or discontinue the Service (or any part of it) or remove any listing without notice to you, and shall not be liable to you if we exercise these rights. Where reasonably practicable, we will try to give you reasonable notice of any discontinuation of the Service or removal of any listing. If we discontinue the Service entirely or remove a listing, you will not be entitled to receive a refund of all or any part of the listing fee.

LISTING FEE AND PAYMENT

  1. Listing fees can be paid via credit or debit card or, alternatively, out of pre-paid credits purchased via the credits system available on our site
  2. Pre-paid credits have no cash value and may only be used to pay for our Service. They are transferrable to other members of our site but, subject to clause 10.3, they are non-refundable and cannot be redeemed for cash.
  3. We reserve the right to withdraw the credits system at any time, in which event we will pay to you within a reasonable time the sterling equivalent of any credit balance held on your account.
  4. The listing fee is as stated on our site from time to time (listing fee). All listing fees must be paid in pounds sterling and prior to the placing of the listing on our site (unless you already have sufficient credits in your account, in which case we will deduct the relevant number of credits from your balance), and we are not obliged to publish any listing that has not been paid for in advance by one of these methods.
  5. Payment for all listing fees must be by credit or debit card or out of any credits balance in your account. We accept payments of listing fees and top-ups of your credits by Visa and MasterCard. We will charge your credit or debit card at the time that you submit your listing or top-up your credits.
  6. In the event that you fail to pay the listing fee on the due date for any reason or you have insufficient credits in your account, your relevant listing(s) will be cancelled automatically and without further notice and we will remove your listing(s) from our site with immediate effect, without any further liability to you on our part.

OUR LIABILITY TO YOU

  1. Subject to clause 11.3, if we fail to comply with these Terms, we shall only be liable to you for the amount of the listing fee paid by you for the listing to which such failure relates.
  2. Subject to clause 11.3, we will not be liable for losses that result from our failure to comply with these Terms that fall into the following categories even if such losses result from our deliberate breach:
    1. loss of income or revenue;
    2. loss of business;
    3. loss of profits;
    4. loss of anticipated savings;
    5. loss of data; or
    6. waste of management or office time.
  3. However, this clause 11.2 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 11.2.

  4. We do not in any way exclude or limit our liability for:
    1. death or personal injury caused by our negligence;
    2. fraud or fraudulent misrepresentation; or
    3. any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

NOTICES AND COMMUNICATIONS

All notices given by you to us must be given to Beonscreen Limited at beonscreen support or by email to support@beonscreen.com . We may give notice to you at either the email or postal address you provide to us when applying to place an listing on our site, 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 email 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 email, that such email was sent to the specified email address of the addressee.

TRANSFER OF RIGHTS AND OBLIGATIONS

  1. The Contract between you and us is binding on you and us and on our respective successors and assignees.
  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.
  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.

EVENTS OUTSIDE OUR CONTROL

  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 an event outside our reasonable control (Event Outside Our Control).
  2. An Event Outside Our Control includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
    1. strikes, lock-outs or other industrial action;
    2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
    3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
    4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
    5. impossibility of the use of public or private telecommunications networks;
    6. the acts, decrees, legislation, regulations or restrictions of any government; and
    7. pandemic or epidemic.
  3. Our performance under any Contract is deemed to be suspended for the period that the Event Outside Our Control 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 Event Outside Our Control to a close or to find a solution by which our obligations under the Contract may be performed despite the Event Outside Our Control.

WAIVER

  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, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
  2. A waiver by us of any default will not constitute a waiver of any subsequent default.
  3. No waiver by us of any of these Terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12 above.

SEVERABILITY

If any court or competent authority decides that any of the provisions of these Terms or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

ENTIRE AGREEMENT

  1. These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
  2. We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the documents referred to in them.
  3. Each of us agrees that our only liability in respect of those representations and warranties that are set out in these Terms (whether made innocently or negligently) will be for breach of contract
  4. Nothing in this clause limits or excludes any liability for fraud.

OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

  1. We have the right to revise and amend these Terms from time to time
  2. You will be subject to the policies and Terms in force at the time that you register for the Service, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply as soon as it comes into force), or if we notify you of the change to those policies or these Terms before we send you the listing confirmation (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within seven working days of receipt of such notice and cancel your registration within the same timescale).

LAW AND JURISDICTION

Contracts for registering for the Service, placing a listing on our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

THIRD PARTY RIGHTS

A person who is not a party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.