Cinegi Terms and Conditions of Use
Please read carefully the following terms and conditions ('terms') which apply to the Cinegi service ('service') provided at the website at http://cinegi.com ('site') and through the Cinegi Player application ('player').
By using the service, you agree to be legally bound by the terms. If you do not agree, do not use the service. If you register with the service on behalf of another individual or organisation, you must ensure that they are aware of and agree to the terms. You must also warrant that you have done so and they have authorised you to agree to the terms on their behalf.
We can update the terms from time to time. You will be deemed to have been notified of any such changes by us sending the terms to you to the email address specified when you register. If you continue to use the service after any such changes have been notified to you, you are agreeing to be bound by the new terms. Any use of the service or booking made prior to this date will be subject to the previous version of the terms.
Defined terms are in bold. They are defined where they are introduced in 'quotes'.
We are Cinegi Media Limited ('we', 'us', 'our', 'Cinegi') a company:
- registered in England and Wales under company number 5370952 with registered office at 727-729 High Road, London, N12 0BP, United Kingdom and
- trading from Exchange at Somerset House, South Wing, Somerset House, Strand, London WC2R 1LA.
You are one of:
- an organisation which owns, manages or controls one or more venues
- an organisation which promotes events
- an individual who promotes events
that proposes to do public screenings of filmed media in your own or someone else's venue.
By 'public screenings', we mean events at which filmed media is exhibited to an audience in a public place or to which members of the public are admitted.
Where you have registered on behalf of an organisation, references to you and your in these terms refer to them and we regard the individual named in the registration as the authorised representative of the organisation. Otherwise, references to you and your refer to that individual.
To register for and use the service, you need to be based in the UK and at the time of use be within the UK. You individually – and any other people you permit to use the service on your behalf – must be at least 18 years of age.
To view full details of, download and screen content, you need to first register and create an account with the service and then sign in.
To register you need to supply us with:
- the name of the individual registering
- your email address ('user name') – which you will use to sign in with
- a phone number for you
- the name of the organisation on whose behalf you are registering – unless you specify that you are registering as an individual
- the address of the organisation on whose behalf you are registering – or your own if you are registering as an individual
- a password
We reserve the right at our absolute discretion to reject your registration.
By your 'account', we mean the above details together with your booking and purchase history, your programmes and your locations. We may request additional information from you in order to allow you to continue to use your account.
You confirm that all the information supplied by you during the registration process is true, complete and accurate in all respects. You agree to notify us immediately of any changes to your registration information.
If we believe that you have provided false information or that you have intentionally failed to notify us of any changes to this information we may suspend or revoke your account, without notice or if at any time in our opinion you have broken these terms.
To sign in you will need your user name and associated password. If you forget your password, you will be given a new password once you contact us and satisfy any security checks that we may at our discretion apply.
You are responsible for the security and proper use of your account and password. You must take all necessary steps to ensure that they are kept confidential, used properly and not disclosed to unauthorised people. You must inform us immediately if you have any reason to believe that they have become known to someone not authorised to use your account or if your account is being or is likely to be used in an unauthorised way.
The service provides a catalogue of filmed media that is licensed for public screenings ('content'). Each one of these is either a 'title' – or piece of filmed media related to a title, which we call 'extras'.
Without registering, you can access some information about the content. Once you have registered, you may use the site to:
- access information about items of content which are available for public screenings
- access materials relating to titles designed to help you market a public screening (we call these 'marketing materials'), where available
- create your own combination of one or more titles together with, optionally, extras subject to them being related to those titles (this is what we call a 'programme')
- book a public screening of a programme at a place that you specify ('screening location') at a date and time you specify (together this defines an 'event').
Once you have booked a programme, you should be able to download it. To do this you have to first download and install the player. You can also use the player to play out programmes for which you have booked one or more events.
Together the player and the other software technologies that underlie the service and site are the 'platform'.
This whole clause is subject to clause 7. For each event you have booked, you may screen – once only – the programme in the screening location at the date and time that you specified when you booked the event. You may also publicise the event, charge for admission to the event and secure sponsorship for it. This is your licence to use and exploit the content which cannot be transferred to anyone else but which is not exclusive to you (in other words we can licence it to other people, too).
You may also:
- use the marketing materials to promote public screenings of the content
- download, install and use the player for free on up to three devices owned and controlled by you subject to these terms and also subject to the terms of the End User Licence Agreements of third parties whose technologies are incorporated into the player (including but not limited to Microsoft in respect of PlayReady 3 and Windows 10 Applications and app store)
- use the service (including the site and the player) as long as it is for the purpose of putting on public screening of the content.
In order to comply with the obligations put on us by the rights owners of the filmed media we make available to you, we reserve the right to cancel an event that you have booked with at least 30 days notice. In this case, you will not pay any charges in respect of this event and we will refund any amounts you have paid us for this event.
You may not:
- screen a programme more than once for each event that you have booked with that programme
- screen a programme in a screening location that results in a breach of any special terms or conditions that appear in the description of any title within that programme ('special terms') which are included by reference into this agreement in respect of that title
- without our agreement beforehand, screen a programme in a screening location different to the one you specified when you booked the event
- use the marketing materials to promote public screenings using video content not acquired from us – or other products or services
- without our agreement beforehand, exhibit within a public screening video content other than the titles or related extras including but not limited to adverts or promotions, or web-only trailers included in the site
- make any copies of the content or marketing materials or other materials or information except for the uses and purposes set out in section 6
- use any automatic device or manual process to access, acquire, copy, reproduce or monitor any part of the site or in any way reproduce or circumvent the navigational structure or presentation of the site
- use the service or site for any purpose outside what is expressly permitted in these terms.
You must not screen a programme in a screening location which is a cinema or motion picture theatre or other venue whose primary purpose or a principal purpose of which is screening films or movies ('cinema') when the programme does not have 'theatrical' rights for the date of the event. And the other way round, you must not screen a programme in a screening location which is not a cinema when the programme does not have 'non-theatrical' rights for the date of the event. Although the site should not permit you to book such an event – as long as you mark whether each of your screening locations is a cinema or not correctly – to do so would be a breach of these terms.
You confirm that you understand that breaking the conditions of this clause 7, or others of the terms, may result in the infringement of the intellectual property rights of ours or others, resulting in civil and criminal penalties, including possible monetary damages, for copyright theft or otherwise.
By intellectual property rights we mean any or all current or future intellectual property rights without limit in time and without limit in location whether they are registered or not. These include but are not limited to copyright, design rights, registered designs, trade and service marks, rights in logos and identities. They also include all granted registrations and all applications for registration all renewals, reversions or extensions; the right to sub-licence the intellectual property rights to others and the right to create derivative works from them; the right to sue for damages for past infringement and to prevent the use or publication or any other means of protection which may exist anywhere in the universe.
You agree you will not (or in any way facilitate others to):
- circumvent or modify any security technology or software that is part of the service
- do anything that could damage, disable, impair or overburden the service
- attempt to gain unauthorised access to any part of the service through hacking, password mining or otherwise.
You also agree that you will not use the site or service for any unlawful purpose.
You are responsible for:
- any losses and costs resulting from your breach of the terms
- all activities and orders made under your account
- complying with all applicable laws in the use of the service
- having computer equipment used to access the service and download and screen the content ('your computer')
- connectivity to the Internet (and any associated charges) sufficient to use the service, access the site, download the player, marketing materials and content
- having suitable equipment for projecting images and amplifying sound ('screening equipment') and connecting it to your computer.
With the marketing and putting on of each public screening of a programme in a screening location you must comply with all applicable laws, regulations and best practice, including but not limited to, where applicable:
- ensuring that you and/or the owner of the screening locations have the entertainment and music licenses necessary to screen the programme
- ensuring that you and/or the owner of the screening location have the music licenses via an appropriate collecting society necessary to screen the programme. Collecting societies include PRS, PPL & VPL. Guidance on contacting these societies can be found here
- in the case that ‘grand rights’ (performance rights of music especially written for a dramatic presentation) or other performance rights of music (such as in filmed performances of music) are flagged within the special terms of a title and you screen a programme containing that title, ensuring that you are licensed to play this music via an appropriate collecting society. Collecting societies include PRS, PPL & VPL. Guidance on contacting these societies can be found here
- in the case that your screening location or public screening are not exempt from this requirement, securing the classification for your screening of films in the programme which do not have a classification
- limiting access to the screening to people in accordance with the classification of the titles or extras within programme by the relevant licensing authority (BBFC or local authority)
- ensuring that any screening locations are safe and suitable to use and comply with all health and safety and other regulatory requirements (such as disability access)
- putting in place necessary and appropriate insurances
- complying with relevant consumer protection, marketing and advertising regulations.
If you are using a screening location that you do not own, manage or control, the commercial relationship between you and whoever does own, manage and/or control that screening location is your responsibility. In this case, you must ensure that they are aware of your obligations under these terms and their obligations under these terms and by law in hosting a public screening.
You agree to indemnify and hold us harmless from and against any breach by you of these terms and any claim or demand brought against us by any third party – including but not limited to those that own, manage or control screening locations in which you are putting on screenings – arising out of your use of the service including without limitation any demands, loss, liability, claims or expenses (including legal costs and expenses), howsoever suffered or incurred by us due to or arising out of or in connection with your use of the service.
When you book a programme for a public screening you are committing to pay us the price listed beside the content ('minimum screening fee') plus VAT plus a charge for supplying the digital media files to you ('delivery fee', as set out at http://cinegi.com/pricing at the time of booking). We will send you an invoice by email for this once you have booked it. Depending on how well your event performs, you may need to pay us a share of the box office as well – see below.
For each event, you must within 7 days of the event date provide us with information of the number of tickets you sold at each different price and the total admissions and total ticket sales ('return'). If for whatever reason you cannot complete the return on the site then you still must email this information to us within 7 days. If you do not complete a return on time we reserve the right to suspend or revoke your account.
If the percentage (as set out at http://cinegi.com/pricing at the time of booking) of your total ticket sales (net of VAT if you have charged it) for an event is greater than the minimum screening fee for the programme chosen for that event, you will in addition to the first invoice need to also pay us the difference between these two amounts, plus VAT. We will send you an invoice by email for this amount as soon as you have submitted the return.
You normally will pay our invoices by card on the site as part of booking a programme for a public screening or submitting a return. If for whatever reason such a payment by card fails, you must pay our invoices within 7 days of receipt. We reserve the right to suspend your account if you do not do this.
You confirm that you understand that providing false information in a return could result in your account being revoked and civil and criminal proceedings, for fraud or otherwise.
You acknowledge that we are the owner or licensee of all intellectual property rights in the service (including site, the content, the marketing materials and the platform) and in any other material published on it or sent to you by us or our partners in connection with the operation or promotion of the service. We reserve all our rights in these works ('our rights'), which are protected by copyright and other laws and treaties around the world.
You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on our rights, in any manner, and you shall not exploit the our rights in any unauthorised way whatsoever. You acknowledge that no intellectual property rights are intended to, nor shall they be deemed to, transfer to you or any other person who accesses the site or uses the service, in any way, including (but not limited to) by assignment, implied assignment, licence or implied licence, either by application of these terms or use of the service in any other way, whether authorised or not by these terms.
You may not:
- use the player on any device that you do not own or control
- distribute or make the player available over a network where it could be used by multiple devices at the same time
- modify, rent, lease, lend, sell, assign, transfer, redistribute or sublicense the platform
- copy (except as expressly permitted by these terms), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the platform, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the platform).
You acknowledge that if you break any of the conditions in this section 10 of these terms then you are limiting the enjoyment of our rights by us, our partners, licensors and licensees and you may be subject to civil and criminal proceedings and damages.
We do not promise that the site, content, service, player or any feature of these will be uninterrupted or error-free, or that any defects will be corrected. They are all are provided on an 'as is' and 'as available' basis without any warranty of any kind whether express or implied. We reserve the right to modify, suspend or terminate any part of them at any time without notice.
While we try to ensure that the service is normally available, we cannot be held responsible if for any reason the service is unavailable at any time or for any period. Access to the service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. Although we make all reasonable efforts to ensure the platform is bug- and virus-free, we cannot provide any guarantee of this.
We cannot be held responsible for your failure to access the site or use the service from any equipment, location or browser. Owing to the nature of the Internet and the fact that your access to the service involves functionality outside our control, we cannot be held responsible for technical problems that you may experience with the service.
We do not guarantee that the service will be compatible with your computer. While we try to provide the service using reasonable care, we cannot be held responsible for any corruption or loss of data held on your computer, or any damage caused to your computer resulting from your use of the service – including as a result of viruses within the content or other files downloaded from the site. In order to ensure that the service is functioning at its best, from time to time we may ask you to upgrade to a newer version of the player or to components of the platform that underlie it (including but not limited to Microsoft PlayReady). In addition, we may find it necessary to send you automatic fixes or support files.
The site may include links to third party websites that are controlled and maintained by others. Any link is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
Use of the service is at your own risk.
We disclaim any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the service and you assume total responsibility for your use of the service.
To the maximum extent permitted by law we – and any associated organisations involved in providing the service – expressly exclude:
- all conditions, warranties (express or implied) and other terms which might otherwise be implied by statute, common law or the law of equity except where you are a consumer
- any liability for any indirect or consequential loss or damage incurred by any user in connection with the site, service, player, content, marketing materials or any other materials posted on it, or for any liability for loss of income or revenue; loss of business; loss of profits/savings; loss of data; loss of goodwill; wasted time and for any other loss or damage of any kind however so arising whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Notwithstanding the above:
- if we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the site or service, our liability shall in no event exceed the total of any fees paid by you with respect to the service within the six months prior to the date of the initial claim made against us
- nothing in these terms seeks to exclude or limit the liability for death or personal injury as a result of our negligence nor any other liability which cannot be excluded or limited under applicable law.
If you are dissatisfied with the service please contact us and we will do our best to resolve your complaint. If you are unable to put on event as a direct result of a defect in the service we will refund any fees you have paid us in respect of that event.
Nothing in clauses 11 and 12 limits any rights you may have under consumer protection legislation.
We are conducting an action research project to test how a digital distribution service such as this service can bring filmed arts and cultural content to new and wider audiences as a shared experience in non-traditional venues ('Cinegi Arts&Film', the 'project'). It is supported by Arts Council England, in partnership with the British Film Institute ('BFI').
Content and services provided through this project
Titles and extras that are provided under the Cinegi Arts&Film project are identified by the Cinegi Arts&Film logo ('Cinegi Arts&Film content').
More information on the project is available at http://cinegi.com/arts_and_film.
Your obligations in exhibiting and promoting such content
You must ensure that any of your public screenings that include Cinegi Arts&Film content must exhibit the short pieces of video ('bumpers') which include an acknowledgement of the project and its funder and partner at the start and end of the programme. These are automatically inserted by the platform into each programme with Cinegi Arts&Film content.
You must ensure that any promotional materials for a public screening including Cinegi Arts&Film content acknowledge the project, its funder and partner as set out in the guidance available at http://cinegi.com/arts_and_film. It is your responsibility to ensure that you check this guidance at the time of booking as it may change from time to time.
Your helping us to undertake research
It is a condition of the funding of the project that we conduct research with organisations and individuals using the service and people attending public screenings ('audiences'). We are working with the Audience Agency and Nesta (our 'research partners') to do this. Where you can, we would like you to help us and our research partners conduct that research.
More detail on the research we would like to do with you and your audiences, how we would like you to help and related guidance is available at http://cinegi.com/arts_and_film.
You can close your account by requesting this using the contact form on the site or emailing email@example.com. You will still be liable for any outstanding amounts due under these terms.
We reserve the right to terminate your access to any part of or all of the service without notice, if you are in breach of these terms and shall not in this circumstance be liable to you or any third party for any termination of your access to the site or service.
We reserve the right to terminate your access with 30 days notice for any reason at any time.
If any part of these terms should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then the remaining terms shall survive and remain in full force and effect and continue to be binding and enforceable.
The use of the service and any dispute or claim arising out of or in connection with it or its subject matter (including non-contractual disputes or claims) shall be governed by and construed according the laws of England and Wales and the parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction.