Our Platform is operated by Under the Influence Of…Limited ("we"). We are registered in England under company number 9903882 and have our registered office address at Lancaster House Sopwith Crescent, Hurricane Way, Wickford, Essex, SS11 8YU, United Kingdom and our main trading address at Under the Influence Of…Limited, My Film Club, 205 Wardour Street, London, W1F 8ZJ.
3.2. You shall also be subject to any rules or policies applied by any appstore provider/operator from where you downloaded the App (the “Appstore”).
4.2. From time to time updates to our App may be issued through the Appstore. Depending on the update, you may not be able to use our App until you have downloaded the latest version and accepted any new terms.
5.1. We do not guarantee that our Platform or any content on it will always be available or be uninterrupted, free from errors or omissions, and we will not be liable to you if, for any reason, our Platform is unavailable at any time or for any period.
5.3. We may update our Platform from time to time, and may change or modify its content at any time. However, please note that any of the content on our Platform may be out of date at any given time, and we are under no obligation to update it.
5.5. You are responsible for making all arrangements necessary for you to use our Platform.
5.6. You will be assumed to have obtained permission from the owner(s) of the device(s) used to access our Platform (the “Devices”). Charges may apply in respect of each use of such Device(s), for internet access/ data usage. You accept responsibility for the Device(s) you use to access our Platform.
5.8. The content on our Platform is provided for general information only.
6.1. You may register for an account with us and subscribe to our Platform by completing and submitting the account registration form available on our Platform.
6.2. As part of your subscription and our security procedures, you will be required to use an email address, a password and to submit any other piece of information required by us (together, your “User Identification Data”). You must treat such User Identification Data as confidential and not disclose it to any third party.
6.4. If you know or suspect that anyone other than you knows your User Identification Data, you must immediately change your User Identification Data and promptly notify us at email@example.com.
6.5. You are responsible for any activity on our Platform arising out of any failure to keep your User Identification Data confidential, and may be held liable for any losses arising out of such a failure.
7.2. You may print off one copy, and may download extracts, of any page(s) from our Platform for your personal use or internal business use and you may draw the attention of others within your organisation to content posted on our Platform, however you must not download any material(s) from our Platform, save to your Device or use any such materials for any other purpose.
7.3. We only supply our Platform for domestic and private use. You must not use our Platform or any part of the content on our Platform for commercial, business or resale purposes.
8.1 You may not use our Platform: (i) in any way that breaches any applicable law or regulation; (ii) in any way that is unlawful or fraudulent; (iii) for the purpose of harming or attempting to harm minors in any way; (iv) to send, knowingly receive, upload, download, use or re-use any material which does not comply with Section 8.5 below; (v) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); (vi) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; (vii) to engage in harmful, harassing or otherwise objectionable activity, including activity inhibiting access to or use of our Platform by others; and/or (ix) to infringe or try to infringe any applicable law and/or the privacy or other rights of other Platform’s users.
8.5 This Section 8.5 applies to any and all of the materials which you contribute to or upload on our Platform (“Contributions”), and to the Interactive Services associated with it. Contributions must: (i) be accurate (where they state facts) and genuinely held (where they state opinions); (ii) comply with all laws and other regulations in the applicable country from which they are posted; (iii) not contain any material which is defamatory of any person; (iv) not contain any material which is obscene, offensive, sexually explicit, hateful, inflammatory or violent or promote, encourage, assist or facilitate violence, anti-social behaviour, unlawful/illegal activity, terrorism or other activities that risk national security or discrimination (or incite hatred based on race, religion, nationality, disability, sexual orientation or age); (v) not infringe any copyright, database right, trade mark or any other rights of any other person; (vi) not be threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience, needless anxiety, or be likely to harass, upset, embarrass, or alarm any other person; (vii) not be made in breach of any legal duty owed to a third party, such as a contractual duty of confidence; (viii) not be used to impersonate any person, or to misrepresent your identity or affiliation with any person; and/or (ix) not bring us into disrepute or give the impression that they emanate from us, if this is not the case.
8.6 You may choose to or we may invite you to submit comments or ideas about the Platform, including without limitation about how to improve these (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.
8.7 You may be able to purchase cinema tickets and/or other goods or services on or through our Platform. Such purchase is done through an authorised reseller or payment processing firm and your relationship with such reseller or payment processor is a contractual matter between you and such third-party. We are not a party to, or responsible on account of, such contract.
8.8 By breaching some of the provisions of this Section 8, you could be committing a criminal offence. 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 Platform will cease immediately.
9.1. In order to enable us to operate the Platform, we must obtain from you certain limited licence rights to process your Contributions so that technical actions we take in operating the Platform are not considered legal violations. Accordingly, whilst you retain all of the ownership rights in your Contribution(s), by making available any Contribution on our Platform you thereby grant us a limited licence in accordance with Section 9.2 below. You also agree that we have the right to elect not to accept, post, store, display, publish or transmit any Contribution in our sole discretion.
9.4. We also have the right to disclose your identity to any third party who is claiming that any Contribution uploaded by you on our Platform constitutes a violation of their intellectual property rights, or of their right to privacy.
9.5. We will not be responsible, or liable to any third party, for the content or accuracy of any Contribution posted by you or any other user of our Platform. The views expressed by other users on our Platform do not represent our views or values.
10.1. You may link to our Platform, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
10.2. You must not: (i) establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists; (ii) establish a link to our Platform in any website that is not owned by you; and/or (iii) frame our Platform on any other site, or create a link to any part of our Platform other than its home pages. The website or application in which you are linking must comply in all respects with the provisions of Section 8.5 above. We reserve the right to withdraw our linking permission without notice.
10.3. If you wish to make any use of content on our Platform other than that set out above, please contact firstname.lastname@example.org.
12.2. Our Platform is provided to you on an “as is” and “as available” basis. To the maximum extent permitted by law, we expressly disclaim any and all warranties and conditions of any kind, whether express, implied or statutory, including without limitation any implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement.
12.3. We do not warrant, whether expressly or by implication: (i) that the information we provide or that is provided through or on our Platform is accurate, complete, up-to-date, reliable or correct; (ii) that our Platform will meet your requirements (it is therefore your responsibility to ensure that it does); (iii) that our Platform will be available at any particular time or location; (iv) that our Platform will function in an un-interrupted manner or be secure; (v) that any defects or errors will be corrected; and/or (vi) that our Platform is secure, free of viruses or other harmful components. You are responsible for configuring your information technology, Devices, computer programs and platforms in order to access our Platform and should use your own virus protection software. Any subject matter downloaded or otherwise obtained through the use of our Platform is downloaded at your own risk and you will be solely responsible for any damage to your property or loss of data that results from such download or use of any such material. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us. Always log into your account through the Platform to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
12.4. We assume no responsibility for any of the products or services advertised or offered by a third party through our Platform or the content of websites linked on our Platform. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them. We have no control over the contents of those sites or resources.
12.5. You expressly understand and agree that we, our subsidiaries, affiliates, licensors and our and their respective officers, agents, employees, successors and partners shall not be liable to you or any user for any direct, indirect, special, punitive, exemplary, incidental or consequential loss or damages, whether in contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise, even if foreseeable, including but not limited to damages for loss of profits, data, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation resulting from or in connection with: (i) the use of, or inability to use, or unavailability of our Platform; (ii) the use of or reliance on any content displayed on our Platform; (iii) the cost of procurement of substitute goods and services; (iv) any personal injury or property damage, of any nature whatsoever, resulting from your use of our Platform; (v) any unauthorised access to or use of our Platform and/or any and all personal information stored therein; (vi) any software bugs, viruses, Trojan horses, spyware, scareware, worms, phishing attacks, distributed denial-of-service attacks or other harmful codes that may be transmitted to or through our Platform or on any website linked to it; (vii) any errors, inaccuracies or omissions in any content or information, for any loss or damage incurred as a result of the use of any content or information, in each case posted, emailed, stored, transmitted or otherwise made available through our Platform; (viii) any Contributions or the acts or omissions of any third party; and/or (ix) any other matters relating to our Platform.
To contact us, please email email@example.com or write to us at Under the Influence Of…Limited, My Film Club, 205 Wardour Street, London, W1F 8ZJ.