Terms & Conditions
All rights, including copyright and database right, in the FOCAL International website and its contents (including but not limited to text, videos, photographs, graphics and software) are owned by or licensed to FOCAL International or are otherwise used by FOCAL International as permitted by applicable law.
In accessing FOCAL International's web pages, you agree that you will access the contents solely for your own personal, non-commercial use. You are not permitted to copy, download, store (including in any other website), distribute, transmit, broadcast, adapt or change in any way the content of these web pages for any other purpose without FOCAL International's prior written permission
Terms and Conditions
Access to and use of this website is provided by FOCAL International subject to the following Terms and Conditions:
1. Use of this site constitutes your acceptance of these Terms and Conditions, which takes effect on the date on which you first use the site. FOCAL International reserves the right to add to or change these Terms and Conditions at any time by posting changes on-line, and it is your responsibility to refer to and comply with these terms on accessing the site. Your continued use of this site after changes are posted constitutes your acceptance of these Terms and Conditions as modified. Use of this site also constitutes your acceptance of FOCAL International's Privacy Policy which you should read before you use this site.
2. You acknowledge that all intellectual property rights including copyright and database right in the FOCAL International website and its contents belong to or have been licensed to FOCAL International or are otherwise used by FOCAL International as permitted by applicable law.
3. In accessing the FOCAL International website you agree to access the contents solely for your own personal, non-commercial use. You are not permitted to copy, download, store in any medium (including any other website), distribute, make available, transmit, modify or show in public any part of the FOCAL International website without the prior written permission of FOCAL International or in accordance with the Copyright, Designs and Patents Act 1988.
4. Links to the FOCAL International site are welcome. FOCAL International disclaims all liability for any legal or other consequences (including for infringement of third party rights) of links made to FOCAL International 's site.
5. FOCAL International provides the material published on its website on the basis that it makes no express or implied warranties in respect of the material. FOCAL International and the original providers of the material exclude to the fullest extent permitted by law all liability for any damages or losses and for any direct, indirect, incidental or consequential loss, loss of business, anticipated savings, revenues or profits or goodwill or reputation or special damages or loss arising from the publication of the material on the FOCAL International website.
6. Some material (such as members' showreels) may be held on other sites accessible via links in the FOCAL International website. FOCAL International is not responsible for the content of any material you encounter after leaving our site via a link in it or otherwise and FOCAL International excludes to the fullest extent permitted by law all liability that may arise in respect of such material.
7. FOCAL International endeavours to ensure that all information and material on the website is correct and accurate but does not accept any liability for errors or omissions, neither does FOCAL International warrant that use of this site will be uninterrupted.
8. This site may be used only for lawful purposes and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of the site by, any third party.
Registration
9. To use some website functions, you will have to create an account. When creating your account, you must provide accurate information. You must keep your password secure, and are solely responsible for activity that occurs on your account. You may not use anyone else’s account without their permission. You must notify FOCAL International at once of any breach of security or unauthorised use of your account at [email protected]. FOCAL International will not be liable for any unauthorised use of your account.
Our Services
Footage & Content Finder
10. All information and footage or content which you obtain through FOCAL International's Footage & Content Finder ("Material") is provided by FOCAL International's library members, and not by FOCAL International.
11. FOCAL International gives no warranty about the accuracy of any description of any Material and excludes all liability should any description of Material prove inaccurate, and for any breach of copyright or contract, negligence, misrepresentation or any other liability in relation to any Material, to the fullest extent permitted by law. FOCAL International shall not be liable for any direct, indirect, incidental or consequential loss, loss of business, anticipated savings, revenues or profits or goodwill or reputation or special damages or loss arising in relation to the material or its use. All terms, conditions, warranties, representations or guarantees whether express or implied by statute, common law or otherwise relating to delivery, description, performance, quality or fitness for purpose are excluded.
12. All information and contacts which you obtain through FOCAL International's Skills & Services Finder ("Services") are provided by FOCAL International's member(s), and not by FOCAL International.
13. You agree to acknowledge by telephone, email or letter every reply which you receive from FOCAL Research Members in response to your request made through FOCAL International's Skills & Services Finder, and to inform unsuccessful applicants when the vacancy has been filled.
14. You agree to inform FOCAL International at [email protected] when you have filled your vacancy/ requirements (or if you do not receive any satisfactory replies).
15. In dealing with any FOCAL Research Member(s) sourced through our Skills & Services Finder you agree to follow good working practice, as advocated in for example FOCAL International's Employers Guide to Film Researchers obtainable from [email protected].
16. Requests made through the Skills & Services Finder and Post a Vacancy can be seen by all FOCAL International Members who access the FOCAL International website. FOCAL International is not responsible for any communication or interaction between you and any FOCAL Member(s) who reply to requests. FOCAL International is not an employment agency, and makes no recommendation or assessment of any of its Members who may respond to requests or of information which they may provide, nor is FOCAL International responsible for any Services provided by such Members.
17. FOCAL International gives no warranty about any Services, including the accuracy of any information or advice given and the quality or standard of any facilities which you purchase. FOCAL International excludes all liability in relation to all Services, including all information, advice, any breach of copyright or contract, negligence, misrepresentation or any other liability in relation to any Services, to the fullest extent permitted by law. FOCAL International shall not be liable for any direct, indirect, incidental or consequential loss, loss of business, anticipated savings, revenues or profits or goodwill or reputation or special damages or loss arising in relation to the Services or their use. All terms, conditions, warranties, representations or guarantees whether express or implied by statute, common law or otherwise relating to delivery, description, performance, quality or fitness for purpose are excluded.
18. The FOCAL International website offers individuals and organisations (which are not necessarily members of FOCAL International) the opportunity to advertise their requirements for content in the Footage & Content Finder, for researchers in the Skills & Services Finder and for other vacancies in the Post a Vacancy facility ("Requests") as a service to FOCAL International Members. FOCAL International is not responsible and gives no warranty for the accuracy of the information contained in any Requests, nor for any communication or interaction between advertisers and FOCAL Members who reply to Requests. FOCAL International is not an employment agency, and makes no assessment or recommendation of any of advertisers or their Requests, nor is FOCAL International responsible for or party to any subsequent agreement between advertisers and FOCAL International Members.
19. FOCAL International excludes all liability in relation to all Requests and any subsequent relations between parties making Requests and FOCAL International Members who respond to Requests to the fullest extent permitted by law, including any liability to make any payment(s) and in relation to all information, advice, any breach of copyright or contract, negligence, misrepresentation or any other liability in relation to any Requests, to the fullest extent permitted by law. FOCAL International shall not be liable for any direct, indirect, incidental or consequential loss, loss of business, anticipated savings, revenues or profits or goodwill or reputation or special damages or loss arising in relation to any Requests or subsequent relations between parties making Requests and FOCAL International Members who respond to Requests. All terms, conditions, warranties, representations or guarantees whether express or implied by statute, common law or otherwise relating to delivery, description, performance, quality or fitness for purpose are excluded.
20. Information which you submit on the FOCAL International website will be forwarded to the party or parties who have posted the Request. FOCAL International excludes all liability for any failure of such parties to receive or to reply to information which you submit. You agree to give accurate information, and you indemnify FOCAL International and will hold FOCAL International harmless and keep it fully and effectively indemnified against all costs (including legal costs), damages, loss and liability incurred by FOCAL International by reason of any claim relating to or arising out of any information which you give to or subsequent relations with parties to whom you reply through the FOCAL International website.
User Submissions / Showreels / Showcase / Corporate Logos
21. Any videos (such as showreels), photographs, written material (including blogs), corporate logos/trade marks and any other material intended for use in the FOCAL International website which has not been created by FOCAL International is described as "User Content."
If you are submitting any User Content to FOCAL International
22. If you submit any User Content, FOCAL International has the right to edit, post, refuse to post or remove any User Content in its sole discretion.
23. By submitting User Content to FOCAL International, you grant FOCAL International and all users of FOCAL International's website a non-exclusive, royalty-free licence to view and otherwise use the User Content throughout the world in all media including but not limited to the FOCAL International website, for the full term of all rights in the User Content.
24. FOCAL International excludes to the fullest extent permitted by law all liability of FOCAL International for any breach of copyright or contract, negligence, misrepresentation or any other liability in relation to any use of User Content by any user of the FOCAL International website, and FOCAL International shall not be liable for any direct, indirect, incidental or consequential loss, loss of business, anticipated savings, revenues or profits or goodwill or reputation or special damages or loss arising in relation to any User Content or its use.
25. You warrant to FOCAL International that (i) you have all necessary licences, rights and consents in the User Content to grant the above rights to FOCAL International; (ii) all moral rights in the User Content have been waived to the fullest extent permitted by law; (iii) use of the User Content in FOCAL International's website will not infringe any rights of any person or organisation (including copyright, related rights, performers' rights, rights of confidentiality, privacy and publicity); (iv) the User Content does not contain falsehoods or misrepresentations that may damage FOCAL International or any other party and it is not abusive, obscene, defamatory, threatening, pornographic, harassing or racially or ethnically offensive; (v) the User Content does not contain any advertisement nor does it solicit any business; (vi) FOCAL International shall not be required to make any payment to any person or organisation arising from use of the User Content in FOCAL International's website. You indemnify FOCAL International and will hold FOCAL International harmless and keep it fully and effectively indemnified against all costs (including legal costs), damages, loss and liability incurred by FOCAL International by reason of any claim relating to of or arising out of any User Content which you have submitted to FOCAL International.
If you are viewing User Content in the FOCAL International website
26. FOCAL International is not responsible for, neither does FOCAL International accept any liability for, any User Content. Any opinions, advice, statements, offers or other information expressed, made available or contained in User Content are not FOCAL International's but are those of the party concerned. FOCAL International neither endorses nor is it responsible for the accuracy or reliability of any User Content, and excludes all liability that may arise in respect of such material to the fullest extent permitted by law.
27. FOCAL International will remove User Content and/or bar access by relevant user(s) if notified that User Content infringes any of the above rights. Contact us as soon as possible at [email protected], giving the following information: (i) your name, address and contact telephone number, (ii) details of the material concerned, including the URL(s) where it is found, (iii) details of copyright or other right ownership, and (iv) explain why the material is infringing, or your other objection to its presence on the FOCAL International website.
28. These Terms and Conditions are governed by and will be interpreted in accordance with English law and any disputes relating to these Terms and Conditions will be exclusively subject to the jurisdiction of the courts of England and Wales. The various provisions of these Terms and Conditions are severable and if any provision is held to be invalid or unenforceable by any court of competent jurisdiction then such invalidity or unenforceability shall not affect the remaining provisions. If these Terms and Conditions are not accepted in full, use of this site must be terminated immediately.
Use of the FOCAL International Awards Entry site
FOCAL International provides you its services and access to use the site www.entry.focalintawards.org subject to the following Terms and Conditions.
Terms of Use
29. Use of the FOCAL International Awards Entry site constitutes your acceptance of these terms and conditions which take effect on the date when you first use the site. FOCAL International reserves the right to change these terms and conditions at any time by posting changes online. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of the Awards Entry site after changes are posted constitutes your acceptance of this agreement as modified by the posted changes.
30. Material contained in this site may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your own personal non-commercial home use. Any other use requires the prior written permission of FOCAL International. You agree not to adapt, alter or create a derivative work from any of the material contained in this site or use it for any other purpose other than for your personal non-commercial use.
31. You agree to use the Awards Entry site only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within this site.
32. The Awards Entry site and the information, names, images, pictures, logos and icons identifying or relating to FOCAL International and/or its products and services (or to third party products and services), is provided "AS IS" and on an "IS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
33. In no event will FOCAL International be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortuous action, arising out of or in connection with the use of the site.
34. FOCAL does not warrant that the functions contained in the material contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. In no event will FOCAL International be held liable for any errors, defects, viruses, bugs, delays in uploading or delays in transmission.
35. You agree that you are responsible for ensuring the entry video adheres to the correct specifications and further that you will preview the video once uploaded and prior to submission to ensure it meets these specifications. In no event will FOCAL International be responsible for any entries that do not meet the specifications or are not in the correct format.
36. The names, images and logos identifying FOCAL International and/or third parties and their products and services are proprietary marks of FOCAL International and/or third parties. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any licence or right under any trade mark or patent of FOCAL International or any other third party.
General
37. If there is any conflict between these Terms and Conditions and rules and/or specific terms of use appearing on this site relating to specific material then the latter shall prevail.
38. These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising here from shall be exclusively subject to the jurisdiction of the courts of England and Wales. If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from this clause and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
39. If these Terms and Conditions are not accepted in full, the use of the Awards Entry site must be terminated immediately.
40. Refunds may only be given at the discretion of the management. Please contact [email protected] or call +44 (0)203 948 1999.
41. Payment terms are described on invoices submitted to you when entry submission has been completed. The following cards are accepted where payment is authorised by credit or debit card dependent on the type of award: Visa / Mastercard / American Express
Trademarks
The FOCAL International logo is a trademark of FOCAL International Limited registered in the UK and other countries. This mark may not be copied or used without permission.
FOCAL International Limited
27 Mortimer Street, London, W1T 3BL
Company number - 02063605