Terms and Conditions

Please note the following in regard to this website.

MovieMogul Terms of Use

Welcome to MovieMogul brought to you by Moviemogul.co.uk Limited. By visiting or using this website and/or any content or materials available through it (the “Site”) You agree to be bound by these Terms of Use. In these Terms of Use “You” and “Your” refer to You, the person visiting the Site or registered as a user of the Site in accordance with section 2 below, and “We”, “Us” and “Our” refers to MovieMogul or Moviemogul.co.uk Limited as the case may be.

We reserve the right to change the Terms of Use from time to time at Our sole discretion and Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. We recommend that You read through the Terms of Use available on the Site from time to time so that You can be sure that You are aware of the latest version. If You breach any of the Terms of Use, Your authorisation to use this Site automatically and immediately terminates and You must immediately cease use of the Site and destroy any materials downloaded or printed from the Site.

1. Ownership

1.1 This Site is owned and operated by Moviemogul.co.uk Limited. If You would like to make a complaint about anything contained on the Site, please contact Us using the following details:

Moviemogul.co.uk Limited

35 Lime Grove

London

W12 8EE

2. Registration

2.1 You do not need to register as a member of the Site to browse the Site, but You will not be able to access all of the features of the Site. If You are browsing the Site and have not yet registered as a member, Your use of the Site is still subject to these Terms of Use.

2.2 Registration is required to be able to create a profile on the Site and/or submit content to the Site and/or enter competitions via the Site and/or vote on other registered users’ competition entries. You can register as a member via the [“Join Here”] link. You must be at least 18 years old to register and by registering an account You are confirming that You are at least 18 years old. Your profile may be deleted and Your membership terminated without warning if We have any reason to believe that You are under 18 years of age. By using Our services You agree that (a) all registration information You submit is truthful and accurate; and (b) You will maintain the accuracy of such information.

2.3 As part of the registration process You will need to submit a user name and password which, if verified by Us, will be the username and password that You will be required to submit each time You log into the Site.

2.4 It is Your responsibility to keep Your username and password secret. We will be entitled to assume that any person logging into the Site using Your username and password is either You or someone doing so with Your permission. You will be responsible and liable for any actions of any person logging into the Site using Your username and password (including, without limitation, posting information and uploading photos or videos to profile pages). Therefore, You should notify Us immediately if You suspect that anyone else knows Your username and password or that anyone has accessed Your account.

2.5 We may at any time and for any reason refuse to accept a registration from any person.

3. Fees

3.1 Access to and registration as a member of the Site is currently free of charge (although You may be charged to purchase items and/or enter competitions via the Site). We may stop offering the Site free of charge at any time, but We will inform You by email if We decide to make a charge on any of Our services and give You a reasonable length of time to terminate Your membership if You wish to do so.

4. Access and use of the Site

4.1 You may not use the Site in any improper or unlawful manner or in breach of any legislation or licence that applies to You.

4.2 Without limiting the foregoing, You agree that when using the Site You will not:

(a) distribute via any medium any part of the Site including, without limitation, User Generated Content (as defined below) submitted by other users of the Site without prior written consent of Moviemogul.co.uk Limited;

(b) harass others or disclose personal information about others that could amount to harassment;

(c) publish, post, upload, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, harmful, confidential, libellous, hateful, threatening or otherwise illegal material or information or anything which might constitute a criminal or civil offence;

(d) upload files that contain software or other material which are the intellectual property rights of any third party or which are protected by rights of privacy or publicity of any third party without having received all necessary consents;

(e) upload files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of the Site or any other computer;

(f) create multiple logins;

(g) impersonate others;

(h) promote any activity that is illegal; or

(i) use software to harvest information from the Site.

4.3 You agree that You will not create a profile or use or allow any third party to use Your profile for any commercial purpose other than promoting your own services as a film-maker.

4.4 You agree to comply with all reasonable instructions that We may give You regarding the use of the Site.

4.5 You are responsible for obtaining (at Your own cost) all necessary equipment and telecommunications services required to access and use the Site. You are responsible for ensuring that no one uses Your equipment to access the Site without Your permission. We will be entitled to assume that anyone who accesses the Site using Your equipment has Your permission to do so and You will be liable for any charges or any other costs, liabilities or damages that may be incurred by any such person.

5. Third Party Sites and Contributors

5.1 From time to time an e-commerce facility may be made available by a third party operator via the Site and any e-commerce facility will be subject to its terms of use provided by the third party operator to You at the e-commerce facility. The e-commerce operator will be responsible for the fulfilment of Your order and all questions, comments and complaints about any such order should be made to the e-commerce operator. We cannot accept any liability for any failure by an e-commerce operator to fulfil any order or for any defect in any item(s) supplied to You by them.

5.2 This Site contains links to websites and microsites operated by third parties that are not under Our control and are provided to You for Your convenience only. We make no warranties or representations whatsoever about any other website which You may access through this Site or any services that they may provide.

5.3 Without limiting the foregoing, these sites are in no way approved, vetted, checked or endorsed by Us and You agree that We shall not be responsible or in any way liable for the content, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality of any products or services available on such sites. If You choose to access a website beyond Our control, You do so at Your own risk. In addition, use of any such third party website or microsite may be subject to Your acceptance of additional terms and conditions.

6. User Generated Content

6.1 The Site includes profile pages that You are able to contribute to. Whilst We encourage You to contribute whatever material You wish to these profile pages:

(a) You must not submit any confidential, defamatory, offensive, infringing, obscene, indecent or otherwise unlawful or objectionable material or information nor use the Site for any chain letters, junk mail, ‘spamming’ material or any other form of bulk communication;

(b) You must not submit any content or material the Intellectual Property Rights in which are owned by any third party;

(c) You must not submit any material which is prohibited by the Data Protection Act 1998 or any other applicable data protection or privacy legislation;

(d) You may only upload or submit material to the Site which either You own or which You have the permission of the owner of that material to submit.

6.2 We may, without notice, remove any content submitted by You to any element of the Site or any other content that in Our sole judgment violates these Terms of Use or may be offensive or illegal or may violate the rights, harm or threaten the safety of any person.

6.3 All information that You post to any profile page may be seen by other users of the Site. Therefore, We advise You to be selective about what information You post on the Site or that You provide to other users. Please do not include the following information in Your profile: telephone numbers, addresses, surname etc. If other members of the Site have posted material which is inaccurate, inappropriate, offensive (or does not comply with any of the provisions of these Terms of Use) We shall assume no responsibility or liability for such material.

6.4 You are responsible for Your relationship with other members of the Site. However, We reserve the right, but are not obliged, to monitor disputes between You and other members.

6.5 You acknowledge that We do not actively monitor the content of any profile page or any video uploaded to the Site, but if We are informed or if We suspect that any material contained on any profile page or in any video uploaded to the Site infringes the intellectual property or other proprietary rights of any third person or is otherwise unlawful, then We shall have the right to immediately remove such material from the Site. We also reserve the right to remove any material submitted by You which We consider, in Our absolute discretion, to be offensive, insulting, defamatory, obscene, indecent, objectionable or otherwise inappropriate or which is posted in breach of these Terms of Use.

6.6 You agree that You shall indemnify Us against any loss, liability, claim, damage or expense incurred by Us arising out of any breach by You of this clause 6.

7. Competitions

From time to time it may be possible to enter competitions or prize draws through the Site. There may be additional terms and conditions applicable to those competitions or prize draws. Where additional terms apply You will be notified of that fact and given an opportunity to read those terms and conditions before You enter the competition or the prize draw.

8. Intellectual Property

8.1 For the purposes of these Terms of Use, “Intellectual Property Rights” means patents, registered and unregistered trade marks and service marks, domain names, registered designs and design rights, copyright (including such rights in computer software and databases), database rights and moral rights (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings and computer programs.

8.2 We do not claim any ownership of any Intellectual Property Rights in the files, images, photos, videos, works of authorship or any other materials (collectively “User Generated Content”) that You post to Our website. After posting any User Generated Content You retain all rights of ownership in it and You may use the User Content in any way You choose (provided it does not breach any of these Terms of Use).

8.3 You hereby grant Us the right to publicly perform, reproduce, display, modify, manage, distribute and store any of Your User Generated Content as part of the Site or as part of any materials used to promote or advertise the Site anywhere in the world. You are free to use Your User Generated Content outside of Our Site in any way You choose and in turn We shall not distribute or sell any of Your User Generated Content outside of Our Site.

8.4 You also grant to each user of the Site the right to access Your User Generated Content through the Site.

8.5 The licences granted by You in clauses 8.3 and 8.4 terminate when you delete your User Generated Content from the Site and terminate your membership of the Site.

8.6 We will not be under any obligation whatsoever to pay You for any of the User Generated Content on Our Site.

8.7 Save in respect of the User Generated Content, all Intellectual Property Rights in and to the Site and all content and materials contained therein are owned by and shall remain owned by Us or Our licensors. You may view, download and print any materials and information made available to You through the Site subject to the following conditions:

(a) the material and information may only be used for Your personal and non-commercial purposes;

(b) the material and information shall not be reproduced or included in any other work or publication in any medium;

(d) the material and information may not be distributed or sold to any third party;

(e) You may not remove any copyright or other proprietary notices contained in the material or the information.

8.8 These Terms of Use are not intended to prevent You recording in manual form any individual item of information, or disclosing any individual item of information, free of charge, to friends or relations for non-commercial purposes provided that You take all reasonable steps to ensure that any person to whom You may disclose that information complies with these Terms of Use.

8.9 Please contact Moviemogul.co.uk Limited at 35 Lime Grove, London, W12 8EE if You believe that content displayed on the Site has violated Your copyright or intellectual property rights.

9. Disclaimers

9.1 We will exercise all reasonable skill and care in providing the Site. As explained above, We obtain the materials and information provided on the Site from third party partners and so We are not able to guarantee the accuracy, completeness, currency or reliability of any such materials or information.

9.2 Therefore, except as expressly provided in these Terms of Use, the Site and all materials and information provided through it are provided on an "as is" basis without guarantee of any kind and any conditions, statements and warranties (including, but not limited to, any warranty of fitness for a particular purpose or non-infringement) are excluded to the fullest amount permissible by law.

9.3 Without limiting the foregoing, We cannot guarantee and do not promise that the Site and all materials and information provided through it will meet Your requirements. Therefore We advise You to check any materials or information provided to You through the Site as any reliance that You place on the accuracy, completeness, currency or reliability of that information is at Your own risk.

9.4 You agree that You own the Intellectual Property Rights in and to all User Generated Content that You submit to the Site or that You are otherwise entitled to submit the same to the Site.

10. Limitation of Liability

10.1 Nothing in these Terms of Use limits or excludes Our liability for: (a) death or personal injury caused by Our negligence; (b) any loss suffered by You as a result of Your reliance on any fraudulent misrepresentation made by Us to You; or (c) any other liability which may not by law be limited or excluded.

10.2 Subject to clause 10.1, You agree that We shall not be liable for: (a) any direct loss, claim or damage; (b) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind (including but not limited to lost savings or loss or corruption of data); or (c) any loss of profit (whether direct or indirect), in each case whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this Site or its contents or any competitions or prize draws which are entered via the Site; (ii) any failure or delay in the use of any component of the Site or any service including, without limitation, any unavailability of the Site or the services irrespective of duration of any period of unavailability; or (iii) any use of or reliance upon any information, material, software, products, services and related graphics obtained through the Site, in all cases even if We have been forewarned of the possibility of such loss or damage.

10.3 Without limiting the effect of clause 10.2, due to the inherent risks of using the internet, We cannot be liable for any damage to, or viruses that may infect, Your computer equipment or any other property when using or browsing the Site. The downloading or other acquisition of any materials or information through the Site is done at Your own discretion and risk and with Your agreement that You will be solely responsible for any damage to Your computer system or loss of data that results from the downloading or acquisition of any such materials.

10.4 You agree to indemnify Us against any claims or legal proceedings that may arise through Your use of the Site or from any breach of these Terms of Use by You.

10.5 We will notify You of any such claims or proceedings and keep You informed as to the progress of such claims or proceedings.

11. Termination

11.1 We may remove the Site or cease the provision of any of the services, or terminate Your membership of the Site at any time in Our sole discretion for any reason whatsoever.

11.2 You shall be entitled to terminate Your membership of the Site at any time by written notice to Us.

11.3 Termination of Your membership, howsoever caused, shall not affect the accrued rights and liabilities of either You or Us as at the time of such termination.

12. Data Protection and Privacy

12.1 We will only use any personal information that We may collect about You in accordance with Our privacy policy. Click here to view Our privacy policy. This policy forms an essential part of these Terms of Use and it is important that You read it. By accepting these Terms of Use You also accept and consent to Our privacy policy.

13. General

13.1 Any failure or delay by Us to enforce any of Our rights under these Terms of Use is not to be taken as or deemed to be a waiver of that or any other right unless We acknowledge and agree to such a waiver in writing.

13.2 These Terms of Use are not intended to be for the benefit of, and shall not be exercisable by, any person who is not a party to these Terms of Use under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

13.3 If any clause or part of a clause of these Terms of Use is, or becomes, invalid, illegal or unenforceable, the remainder of these Terms of Use shall remain valid and enforceable.

13.4 These Terms of Use and the privacy policy set out the full extent of Our obligations and liabilities concerning Our services and replace any previous agreements and understandings between Us and You.

13.5 Subject to clause 10.1, You shall have no remedy in respect of any untrue statement made to You upon which You relied in entering into these Terms of Use other than any remedy You may have for breach of the express terms of these Terms of Use.

13.6 This Agreement is governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English Courts.

MovieMogul.co.uk Competition Terms and Conditions

1.1 The promoter of this competition (the “Competition”) is Moviemogul.co.uk Limited of 35 Lime Grove, London W12 8EE (“Moviemogul”).

1.2 The Competition is open to all UK and non-UK residents aged 18 or over, with the exception of employees of Moviemogul, their immediate families and anyone else connected with this promotion.

1.3 By registering at the website located at the URL: www.moviemogul.co.uk (the “Site”) and submitting entry to the Competition via the ‘Competition’ page of the Site (the “Competition Page”) you, the person entering the Competition, agree to be bound by these terms and conditions (the “Competition Terms and Conditions”).

1.4 The closing date for receipt of entries into each monthly heat of the Competition is 23:59 GMT or BST (as applicable in the UK at the relevant date) on the last day of the relevant calendar month (the “Closing Date”). Moviemogul reserves the right to alter the Closing Date (if in Moviemogul’s opinion it is necessary) at any time prior to the Closing Date in the relevant month.

1.5 Entry into the Competition is subject to a non-refundable entry fee of six pounds sterling (£6), to be paid via PayPal, in respect of each film uploaded. There is no limit to the number of films which an individual user may submit. The entry fee stated on the Competition Page is stated inclusive of VAT. Moviemogul reserves the right to increase the entry fee at any time in respect of subsequent months and at any time during the then current month in the event that the rate of VAT (or other applicable tax) increases, and to the extent of such increase (although this shall not apply retrospectively and as such shall not affect any entry in respect of which the entry fee was paid prior to the change in the rate of VAT (or other applicable tax)).

1.6 Registrations for entry must be correctly submitted via the Site by the Closing Date otherwise they will be rejected. Moviemogul accepts no responsibility for any entries or information that is incomplete, incorrectly submitted or fails to reach Moviemogul by the Closing Date for any reason.

1.7 Moviemogul may publish during any month a subject or title which, if so published, will form the basis of all entries to the Competition submitted by the Closing Date in that month. In the event that Moviemogul chooses (in its sole discretion) to publish a subject or title in any given month, Moviemogul will endeavour to publish such subject or title at least three (3) weeks prior to the Closing Date but Moviemogul will not be liable if it is published later than three (3) weeks prior to the Closing Date or not published at all.

1.8 Entries must be between one (1) minute and twenty five (25) minutes long. Entries may be ‘live action’ or ‘animated’ and should be submitted in one of the following formats by direct upload to the Competition Page:

(a) MPEG4 (3ivx, DivX, Xvid, H264);

(b) DV and DVCPro;

(d) WMV (up to version 9 - no DRM!);

(e) MOV (Sorenson Video 3, H263, H264, animation);

(f) MPEG1 and MPEG2; or

(g) AVI (Indeo, Cinepak, Motion JPEG, MPEG).

1.9 Once an entry has been successfully submitted to the Site, registered members of the Site will be able to view the entry on the Competition Page during the relevant month. Only registered members of the Site may submit entries and/or vote on other registered members’ entries.

1.10 Entries to the monthly heats of the Competition will be judged by registered members voting using a star voting system. The monthly winner (the entry with the most votes in the relevant month) and two runners-up will win specified MONTHLY PRIZES. In addition, the monthly winner will be awarded the right to have his/her film posted in the ‘Competition’ area of the Site until a new monthly winner is announced. The Site has a security system in place to ensure that a person can only vote once. In the event of a tie for first, second or third, the casting vote shall be made by the directors of Moviemogul. In the event that only one entry is recieved in any given competition period it will be deemed that no competition has taken place and the entered film will be automatically entered into the next competition immediatley following. The decision of Moviemogul as to the winners of the monthly prizes will be final and no correspondence will be entered into.

1.11 At the end of each year the 12 winners of the monthly heats will have their work judged by a panel of prominent industry professionals (the “Judges”). The annual winner and two runners-up will win specified ANNUAL PRIZES. In addition, the annual winner will be awarded the right to be screened in Moviemogul’s Showcase area of the Site for the following year until a new annual winner is announced. In the event of a tie for first, second or third, the casting vote shall be made by the directors of Moviemogul. The decision of the Judges or, as the case may be, Moviemogul as to the winners of the annual prizes will be final and no correspondence will be entered into.

1.12 The names of winners will be announced on the Website and the winners will be notified by email.

1.13 Monthly and annual prizes shall be sent to the winners as soon as reasonably practicable following adjudication on the winners. The prize is not transferable and there is no cash alternative.

1.14 The winner agrees to take part in reasonable post event publicity and to the use of their name and photographs in such publicity.

1.15 Prizes are subject to availability and Moviemogul may in its discretion at any time and without notice substitute any of the prizes for another prize of similar value.

1.16 By entering the Competition, all entrants will be deemed to have accepted and be bound by these Competition Terms and Conditions and consent to the transfer of their personal data to Moviemogul for the purposes of the administration of the Competition and any other purposes to which the entrant has consented in accordance with Moviemogul’s privacy policy.

1.17 By entering the Competition, all entrants will also be deemed to have accepted and be bound by the Site’s Terms of Use at [INSERT LINK]. Notwithstanding the generality of foregoing, you are specifically referred to clause 8 of the Site’s Terms of Use which sets out your and Moviemogul’s respective intellectual property rights in relation to both material that you upload to the Site and the Site itself and such Terms of Use are specifically incorporated into and form part of these Competition Terms and Conditions.

1.18 For the avoidance of doubt, nothing in these Competition Terms and Conditions grants Moviemogul:

(a) ownership of the copyright in material uploaded by registered members onto the Site;

(b) an exclusive right to use material uploaded by registered members to the Site; or

1.19 You acknowledge and agree that:

(a) although we do not prohibit your entry, your entry into the Competition may exclude your entry of the same content and/or material in to other exhibition forums and/or festivals (as may be specified by the terms thereof);

(b) all material included in any entry you submit to the Competition is owned by you and will not infringe the rights of any third party (including, without limitation, your college or university, if applicable); and

(c) you will indemnify Moviemogul against any third party claims arising from your submission of your entry to the Competition.

1.20 In the event that you breach these Competition Terms and Conditions or any provision of the Terms of Use, you shall be automatically disqualified from the Competition and ineligible to win any prizes awarded in connection with the Competition.

1.21 Moviemogul makes no representation or warranty regarding the quality of any of the prizes and any conditions, warranties or other terms implied by statute or common law are hereby excluded to the fullest extent permitted by law. Any complaints must be directed to the relevant third party manufacturer or provider.

1.22 Moviemogul takes no responsibility for any damage, loss or injury suffered by any entrant as a result of accepting a prize provided that nothing in these Competition Terms and Conditions shall exclude Moviemogul’s liability for death or personal injury caused as a result of its negligence.

1.23 Entry to the Competition may not be legal for some or all residents of or persons in certain countries. We do not intend that the Competition be entered by persons in countries in which entry to the Competition would be illegal. We make no representation or warranty with respect to the legality or otherwise of access to and entry into the Competition, or the winning or receipt of any prize.

1.24 This Competition is organised under and is subject to English law. We reserve the right to exclude, disqualify or not award prizes to residents of any country where this Competition is deemed illegal.

1.25 These Competition Terms and Conditions shall be governed by English law and the courts of England and Wales shall have exclusive jurisdiction over any disputes arising out of these Competition Terms and Conditions.