The Cleared Folio – Website Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE

These terms tell you the rules for using our website www.theclearedfolio.com (our site).
Who we are and how to contact us
www.theclearedfolio.com is a site operated by The Cleared Folio Ltd (We/Us/Our). We are a limited company registered in England and Wales under company number 11599003 and have our registered office at 71-75 Shelton Street, Covent Garden, London, England, WC2H 9JQ.
To contact us, please email hello@theclearedfolio.com
By using our site you accept these terms
By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our site. We recommend that you print a copy of these terms for future reference.
There are other terms that may apply to you
Your use of the site will also be governed by our Production Company Licence (as applicable), which is available at https://theclearedfolio.com/pages/production-licence

We may make changes to these terms
We may amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on [15/12/20].
We may make changes to our site
We may update and change our site from time to time to reflect changes to our services, our users’ needs and our business priorities.
We may suspend or withdraw our site
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at hello@theclearedfolio.com.
How you may use material on our site
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by intellectual property rights (such as copyright). All such rights are reserved.
You may only download artwork and content from our website in accordance with our ordering process and may only use and/or modify materials you have downloaded in accordance with these terms and our Production Company Licence.
When downloading artwork and content from our website, you must specify the production you are downloading the artwork for (Production) and not use the artwork for any other purposes without payment of an additional fee in accordance with the Production Company Licence. If the Production is a long-running drama or soap opera the downloaded artwork may be used within a specified and named set but not on multiple or different sets. For the avoidance of doubt no artwork or content from our website may be incorporated into any logo, trade mark or service mark or any merchandise unless agreed by us in writing.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
Artwork must be destroyed or held in Production Storage after filming, to ensure the continuing integrity of the clearance licence. You are prohibited from selling, rehiring the work or gifting to another party, either in digital or physical form.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Do not rely on information on this site
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
We are not responsible for websites we link to
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
User-generated content is not approved by us
Our website includes information and materials uploaded by other users of the site. This information and these materials have not been verified or approved by us. Any views expressed by other users on our site do not represent our views or values.
If you wish to complain about information and materials uploaded by other users please contact us on hello@theclearedfolio.com.
Our responsibility for loss or damage suffered by you
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our site; or
use of or reliance on any content displayed on our site.
In particular, we will not be liable for:
loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
We are not responsible for viruses and you must not introduce them
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your computer, device and system to access our site. You should use your own virus protection software.
You must not misuse our site 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 our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, 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 by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Rules about linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
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.
We reserve the right to withdraw linking permission without notice.
If you wish to make any use of content on our site other than that set out above, please contact hello@theclearedfolio.com.
Which country’s laws apply to any disputes?
If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.