Terms

Your Acceptance

This is an agreement between Producer Alliance for Cinema and Television (‘Pact’) the owner and operator of the UK Indies App (the “UK Indies App” also referred to herein as the "Service"), and you (“you” or “You”), a user of the Service.

The UK Indies App is supported by development funding from Department for International Trade a government department. Further information about the Department for International Trade can be found at www.ukti.gov.uk.  The Department for International Trade have no liability or responsibility for the use, access, content, information or material on the UK Indies App.

 
The UK Indies App is owned and operated by Producers Alliance for Cinema and Television Ltd (‘Pact’) 

BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF USE, AND UK INDIES APP PRIVACY POLICY, WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you choose to not agree with any of these terms, you may not use the Service. These terms may be updated from time to time and you should check the effective date at the end of the Terms of Use as to the last date that these terms were updated. 
 

Ability to Accept Terms of Use

You affirm you are more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

This Service is not intended for anyone under the age of 18 years old. If you are under 18 years of age, you are not permitted to use the Service.

 
Content, information and news on the Service  is selected by you and it is at your choice and discretion to view the material.  If you do not wish to view the Content this is at your control.
 
Personal Information

Any personal information you supply in registering and using the Service will be used in accordance with the UK Indies App Privacy Policy which can be viewed here.


Registration

You are required to register with the UK Indies App and provide an Access Code (an Access Code must be granted to you by Pact).  If you have not been granted an Access Code by Pact, you cannot use the Service.

 

Please read our Privacy Policy regarding the Access Code and its purpose.  You accept responsibility for all activities which occur under your account or password if any, and you agree you will not transfer/ assign or pass your registration on to any other person without written approval in advance by Pact. You are responsible for maintaining the confidentiality of your password information, if any, and for restricting access to your information so it is protected.

 

Pact reserves the right to terminate registration and/ or deny access to the UK Indies App to any person at its sole discretion for any reason Pact deems fit.

 
UK Indies App Service

These Terms of Service apply to all users of the UK Indie App Service.

Information provided by the UK Indie App Service may contain links to third party websites that are not owned or controlled by UK Indie App.

UK Indie App has no control over, and assumes no responsibility for, the content, information, intellectual property, privacy policies, or practices of any third party websites, content or material provided by production companies on the UK Indies App. UK Indies App are also not responsible and  are not required to notify you if a production company on the UK Indies App becomes insolvent, bankrupt or enters administration or receivership or has financial difficulties of any kind.   


UK Indies App will not and cannot censor or edit the content of any third-party site, or content provided on the UK Indies App.

By using the Service, you expressly acknowledge and agree that UK Indies App shall not be responsible for any damages, claims or liabilities arising from or related to your use of any third-party website or contact with production companies as a result of your use of the UK Indies App or subsequent communications with a production company through the Express an Interest Service on the UK Indies App.
 

UK Indies App will contact the production company with your name and email which you provided at registration when you Express an Interest in a programme. It is up to the production company to contact you to follow up on any Express of Interest. The UK Indies App does not facilitate any further introduction or dialogue.  In the event the service falls to introduce you to a production company as a result of technicalities, failure of service or human error you will not hold Pact or the UK Indies App responsible.  You agree that you will not send more than 3 Express an Interest in any one programme as this may be deemed to be Spam by Pact and Pact will be entitled to end your use of the account and registration.
 

In order to access and use the features of the Service, you acknowledge and agree you will have to provide the UK Indies App with your email address and/or any other details requested at the registration.
 

You expressly acknowledge and agree that Pact may notify you of any updates, general news, additional information and content. We will not notify you of any material or content which has been deleted.  We retain information in order to provide the Service as explained in our Privacy Policy.


UK Indies App will not be liable for your losses caused by any unauthorized use of your account, however you may be liable for the losses of UK Indies App or others due to such unauthorized use.
 

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Service in a manner that sends more request messages to the UK Indies App servers in a given period of time than a human can reasonably produce in the same period by using a UK Indies App application, and you are forbidden from ripping the content. We disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by UK Indies App clients. We have to disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. 
 

You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes.

 
You agree not to spam, or solicit for any purposes, any users of the Service.

You agree not to publish falsehoods or misrepresentations that could damage UK Indies App or any third party as a result of the way you use and/or access the Service.  You fruther agree not to impersonate another person; send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; interfere with or disrupt the integrity or performance of the Service or the data contained therein; or attempt to gain unauthorized access to the Service or its related systems or networks.


On occasion UK Indies App may remove content or information this may be for a number of reasons. We will not notify you of this although on occasion we may chose to do so through the push service/ news alerts. It is not an obligation for Pact or the UK Indies App to remove material.

 
Where you have a complaint about content from a third party or information that is or becomes available to you through the UK Indies App you must contact the third party/owner of the material directly. Pact is not obliged to assist you in this endeavor or purpose nor does Pact have control of any third party information on the UK Indies App.  
 
You understand when using the UK Indies App Service you will be exposed to information and content from a variety of sources, and that UK Indies App is not responsible for the accuracy, usefulness, safety, or intellectual property rights or relating to such content or information. Such material is not the responsibility or of the control of the UK Indies App or Pact.
 

Where it is in the control and ownership of UK Indies App any amendments will be at UK Indies App sole discretion.  

 
You further understand and acknowledge that you may be exposed to programmes and content which you may deem to be inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against UK Indies App, Pact or the Department for International Trade.  
 
Intellectual Property Rights

All trade marks, copyright, database rights, the design of the UK Indies App along with the UK Indies App created text, scripts, graphics, interactive features and other intellectual property rights of any nature in the UK Indies App is owned and controlled by or granted the right to use by Pact on the UK Indies App, except content clearly identified and owned by third parties production companies  providing their content for you to view through this Service.

 
You are not permitted to use the Content, information or personal information of any of the production companies or any of the material supplied by Pact and / or UK Indies App, or the trademarks, service marks and logos contained therein ("Marks"), owned by or licensed to UK Indies App except for the purpose of this Service, unless otherwise expressly granted to you. The purpose of the UK Indies App is to view the material only on the tablet and/or iphone as and when it becomes available and notified on this Terms of Use. All rights are subject to copyright and other intellectual property rights under UK laws and international conventions. 

The Service is provided to you AS IS for your information and use only.

UK Indies App reserves all rights not expressly granted in and to the Service. 

You agree to not engage nor allow any third parties on your behalf to make and distribute copies of the UK Indies App or attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the UK Indies App, Marks and/or content provided or made accessible on the UK Indies App; or create derivative works of the UK Indies App or any material accessible on or through the Service.

 
As some content provided on the UK Indies App is owned by third parties, they are responsible for their content. Pact takes no responsibiity for content or clearances, permissions, regulations of any third party material viewed by the User. 
 
UK Indies App hereby grants you a worldwide, non-exclusive, royalty-free revocable licence to use the UK Indies App in accordance with these Terms of Use and Privacy Policy.
 
The UK Indies App is currently made available to you free of charge for your use in accordance with these Terms of Use.  You are not authorised to commercially exploit the use of the UK Indies App. 
 
Pact reserves the right to amend or withdraw the UK Indies App, or introduce charges for access to the UK Indies App or service provided to you in accordance with these Terms of Use, at any time and for any reason.

Third Party Sites/ Links

Pact is not responsible for the availability of content by third parties which you may  access or link through this UK Indies App. By your use of the UK Indies App you assume the risk and accept that the information, content or news on this website may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.


The information and features included in this UK Indies App have been compiled from a variety of sources, are for informational and entertainment purposes only and are subject to change at any time without notice.


Pact is not responsible for any damage, loss or offence caused by or in connection with, any content, advertising, products, services or information available on any third party websites or material that you access through the UK Indies App. Any terms, conditions, warranties or representations associated with such dealings as a result of the use of the UK Indies App, are solely between you and the third party.

 

Links do not imply and should not  be construed as Pact or Department for International Trade endorsed, and/or affiliated and/or associated with any such linked site unless otherwise stipulated, or that you are  legally authorised to use any trade mark, trade name, logo or copyright symbol displayed in or accessible through the links or that any linked site is authorized to use any trade mark, trade name, logo or copyright symbol..

 

This UK Indies App contains  information, names images, pictures, logos and icons relating to www.pact.co.uk www.ukindies.co.uk, www.ukti.gov.uk and or any of Pact associated companies products and services (or this third party products and services is) is provided on an “As is” and on an “As available” basis. To the extent permitted by law, Pact excludes all representations and warranties (whether express or implied) including the implied warranties of satisfactory quality, fitness for a particular purpose, non infringement, compatibility, security and accuracy.

The information and material may contain inaccuracies and typographical errors. Pact makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on this website and/or the material (including and without limited the information provided through the use of any software.) 


Availability

This UK Indies App is available devices running on tablets and is intended in the future to run on other devices for example iphone; UK Indies App will use reasonable efforts to make the UK Indies App available at all times. However you acknowledge the UK Indies App is provided over the internet and mobile networks and so the quality and availability of the UK Indies App may be affected by factors outside UK Indies App control and may not be accessible.

 

Pact its group of companies and sub-contractors do not accept any responsibility whatsoever for unavailability of the UK Indies App, or any difficulty or inability to download or access content or any other communication system failure which may result in the UK Indies App being unavailable.

 
Pact will not be responsible for any support or maintenance for the Application.
 
System Requirements
In order to use the Application, you are required to have a compatible tablet and or in the future if made available a suitable iphone.

MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE UK INDIES APP SERVICE. UK INDIES APP DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE UK INDIES APP SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, AND UK INDIES APP WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 
Limitation of Liability

IN NO EVENT SHALL UK INDIES APP, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE UK INDIES APP CLIENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VI) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE OR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

 
YOU SPECIFICALLY ACKNOWLEDGE THAT UK INDIES APP SHALL NOT BE LIABLE FOR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.  

 The Service is controlled and offered by Pact from its facilities in the UK, the UK Indies App makes no representations that the UK Indies App Service is appropriate or available for use in other locations. Those who access or use the UK Indies App Service from other jurisdictions do so at their own volition and are responsible for compliance with local law. 

Indemnity

You agree to defend, indemnify and hold harmless UK Indies App, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the UK Indies App Service; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right;  This defense and indemnification obligation will survive these Terms of Use and your use of the UK Indies App Service.

 
Provider

You acknowledge that the terms of agreement with your respective network provider will continue to apply when using the UK Indies App. As a result, you may be charged by the Provider for access to network connection services for the duration of the connection while accessing the UK Indies App or any such third party charges as may arise. You accept responsibility for any such charges that arise.

 
If you are not the bill payer for the tablet, iphone or handheld device being used to access the UK Indies App, you will be assumed to have received permission from the bill payer for using the UK Indies App.
 
Termination
UK Indies App may terminate use of the UK Indies App at any time by giving notice of termination to you.
 
Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the Software and or Content and or information made available to you by the UK Indies App;
 
Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by UK Indies App without restriction.


General

You agree that: the UK Indies App Service shall be deemed solely based in United Kingdom that you agree to subject to the jurisdiction of the courts of England and Wales in the event of any legal dispute. These Terms of Use shall be governed by exclusive jurisdiction of England and Wales without respect to its conflict of laws principles.

 
Any claim or dispute between you and UK Indies App that arises in whole or in part from the UK Indies App Service shall be decided exclusively by a court of England and Wales. These Terms of Use, together with the Privacy and any other legal notices published by UK Indies App, shall constitute the entire agreement between you and UK Indies App concerning the UK Indies App Service. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and UK Indies App's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. UK Indies App reserves the right to amend or modify these Terms of Use at any time, and it is your responsibility to review these Terms of Use for any changes. If you do not agree to the revised Terms of Use, your only recourse is to discontinue the use of the UK Indies App Service. Your continued use of the UK Indies App Service following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.
 
YOU AND UK INDIES APP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE UK INDIES APP SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
 
Contact Us

If you have any questions, comments or concerns about our website or these Terms of Use and Privacy Policy you may contact us at: Pact, 3rd Floor, Fitzrovia House, 153 -157 Cleveland Street, London, W1T 6QW

 
Effective date: 7th October 2012