Terms & Conditions
Access to, and use of this Site (as defined below 1.1.5) is provided by ITV Shared Services Limited ("ITV") subject to the following terms and conditions of use ("Terms").
By logging into and using this Site, the User (as defined below 1.1.8) agrees to be legally bound by these Terms. If the User does not agree to be legally bound by these Terms, the User should not use and/or access this Site. ITV reserves the right to change these Terms at any time at its sole discretion by posting changes on this site. The User's continued use of this Site after changes are posted constitutes the User's agreement to be legally bound by these Terms as updated and/or amended.
Unauthorised copying, reproduction, republishing, selling, posting, transmission or duplication of any material is strictly prohibited unless specifically permitted under these Terms.
Definitions
1.1 The following expressions have the following meanings:
1.1.1 “Descriptive Metadata” means data which describes the Material in terms of physical characteristics and content and certain underlying rights information.
1.1.2 "Material" means all materials on this Site including but not limited to digital audio visual content.
1.1.3 "Permitted Use" means through the accessing of the Site the temporary viewing of Material during the Window of Use for the purposes of evaluating whether the User wishes to obtain a licence for the Material.
1.1.4 "Relevant Programme" means the television programme named in the Descriptive Metadata attached to any Material on this Site.
1.1.5 "Site" means the website accessible through the internet domain name https://itvarchive.com.
1.1.6 "Site Administrator" is the individual employee of ITV who has been authorised by ITV to administer and manage the Site, and all Registration Procedure issues. The Site Administrator may be contacted via clipsales@itv.com.
1.1.7 "UK" means the United Kingdom of Great Britain and Northern Ireland, the Channel Islands and the Isle of Man.
1.1.8 "User" means the named business registered and granted access to, and authorised to use this Site by ITV in accordance with ITV's User Registration Procedure (as defined below 5.1).
1.1.9 "Window of Use" means a period of no more than fifteen (15) days from the date of the User accessing the Material.
1.2 Other defined expressions shall have the meanings given to them elsewhere in these Terms.
About this Site
2. This Site is a UK based business-to-business Site administered owned, controlled and operated by ITV. The Site has been established in order to make Material (as defined 1.1.2) owned and/or controlled by ITV available via the internet for use for a fee in the UK. This Site is and all intellectual property contained in all design of the Site and the selection and arrangement of text and/or graphics is owned by ITV.
Ownership of Material
3. All Material on this Site is protected by copyright law and other intellectual property rights licensed to and/or owned and/or controlled by ITV.
Modification/Discontinuation of the Site
4. ITV may in its sole discretion and at any time, with or without notice, modify or discontinue, temporarily or permanently, this Site (or any part thereof) and/or any service provided under this Site without any liability whatsoever to the User or to any third party for any such modification or discontinuation.
Registration Procedure
5.1 In order to become a User of this Site, ITV's registration form on this Site must be completed ("Registration Procedure") with the minimum requirement for access to Material on this Site being that the User is a UK based company registered at Companies House (as an indication of type of registered business activity and contact details). All registration issues are settled by the Site Administrator, contactable at clipsales@itv.com.
5.2 ITV reserves the sole right to refuse access to the Material on this Site.
5.3 Every applicant to become a user of this Site must provide true, accurate, current and complete information as prompted by the Site's registration form (such information being the "Registration Information") and maintain and promptly update the Registration Information so that it remains true, accurate, current and complete.
5.4 If any information provided as part of the Registration Procedure is untrue, inaccurate, misleading, not current or incomplete, or ITV has reasonable grounds to suspect that such information is untrue, inaccurate, misleading, not current or incomplete, ITV has the right to refuse any application to open a user account and/or suspend and/or terminate any existing user account and refuse any and all current or future use of the Site.
5.5 On satisfactory completion of ITV's Registration Procedure, which includes the applicant User's acceptance of these Terms, the applicant User will be supplied with a username and password, for the purposes of which the User acknowledges, undertakes and agrees:
5.5.1 that the password provided for use with the Site is personal to the User and is supplied to the User subject to the User's agreement to abide by these Terms;
5.5.2 to keep such password secure at all times;
5.5.3 that the User shall be fully responsible for all activities that occur under that password or account;
5.5.4 not to allow any other person to use the User's password or gain access to the Site using the User's details or the password provided to the User; and
5.5.5 to notify ITV immediately of any unauthorized use of the User's password or account or any other breach of security.
Privacy of Registration Information
6. ITV has produced a privacy statement in order to demonstrate its firm commitment to respecting User privacy and personal information. Please see the separate privacy policy https://itvarchive.com/privacy/ on the Site which outlines the information that ITV may collect and how ITV may use that information.
Information about ITV and its Programming
7. Notices relating to ITV and its programme output may be sent to the User via either email or regular mail using details supplied in the Registration Information. If the User does not wish to receive this information, or if the User wishes to cancel this service, please email the Site Administrator.
Disclaimers and Limitations of Liability
8.1 ITV is not responsible or liable for any infections or contamination of the User's system or delays, inaccuracies, errors, or omissions arising out of use of this Site or with respect to the Material contained on this Site. The Site and all Materials contained on it are provided "as is" and on an "is available" basis without any representation or endorsement made and without warranty of any kind, either express or implied, including, without limitation, warranties of title or the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Accordingly, the entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any Material or use of the Site rests with the User and not with ITV.
8.2 ITV does not warrant that functions contained in the Material or any other content in this Site will be uninterrupted or error free, that defects will be corrected or that the Site and the server that makes it available are error free.
8.3 ITV is not liable for loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation, or any indirect or consequential loss or damage through use of the Site or the Material.
Licence/Permitted Use
9.1 Conditional upon the User's compliance with the Terms in respect of the use of the Material, ITV grants to the User a non-exclusive, non-transferable licence ("Licence") to access and use the Material from the Site for the Permitted Use in the UK only during the Window of Use. The Licence may not be altered, amended or changed in anyway except as agreed separately with ITV’s Clip Sales team.
9.2 You may not use, view, access, download, copy or re-transmit any of the Site for any purpose other than accessing the Material for the Permitted Use.
9.3 You may not use any data mining, robots or similar data gathering or extraction methods in relation to the Site.
9.4 You may not interfere with the security of, or otherwise abuse the Site or any system resources, services or networks connected to or accessible through the Site.
9.5 You agree to use all commercially reasonable endeavours to prevent third parties from misappropriating or obtaining unauthorised access use of transmission of the Material (together “Unauthorised Use”) and in the event that you learn of an Unauthorised Use, you shall promptly and full inform ITV of all facts known to you with respect to such Unauthorised Use.
9.6 The Site may only be used for lawful purposes.
Restrictions on Use
10. Material may only be used for the Permitted Use as specifically permitted under these Terms and in particular, but not by way of limitation, Material may not:
10.1 be used for advertising or merchandising purposes or to promote any products and/or services or in connection with competitions;
10.2 be used other than by the User;
10.3 be used outside the Window of Use and, accordingly, must be removed from any website at the end of the Window of Use;
10.4 be used in such a way which is defamatory of ITV or any third party or which might give rise to a cause of action by any third party or which is derogatory or critical of ITV or any other ITV television programme or any person, company, product, service or business featured in the Material or any person involved in or appearing in any Relevant Programme or any other ITV television programme;
10.5 be re-sold, syndicated, sub-licensed, distributed or transferred by the User to any third party whatsoever without the express written permission of the Site Administrator;
10.6 be downloaded for use outside the UK;
10.7 be altered, modified, retouched, edited, manipulated, or disassembled or changed in any other way whatsoever;
10.8 be downloaded, archived, uploaded, distributed, displayed, copied or re-transmitted without, or in breach of, a written licence or agreement with ITV or ITV Global Entertainment Limited;
10.9 where the User has entered into a written licence or agreement in respect of any Material, be used other than in accordance with such licence or agreement; and/or
10.10 have any of its associated Descriptive Metadata edited or amended.
User's Obligations
11. The User shall:
11.1 remove any Material at the end of the Window of Use;
11.2 ensure that Material is not used or accessed outside the Window of Use; and
11.3 comply with all other obligations on the part of the User as set out elsewhere in these Terms.
Breach of Terms
12. In addition to any other rights and remedies it may have, ITV reserves the right to charge for use which is in breach of the Terms in accordance with the rates set by the ITV Archive Manager (who can be contacted via the Archive Section on this Site).
Third Party Copyright Material
13 Any Material licensed to ITV for Permitted Use under these Terms, by any third party copyright holder, must not be stored, archived, reproduced and/or published before or after the Window of Use under any circumstances without the express written permission of the copyright holder of the supplied Material.
Termination
14.1 ITV, in its sole discretion, shall be entitled at any time with or without notice to suspend and/or terminate any Licence, password, account (or any part thereof) or current and/or future use of the Site, for any reason whatsoever (including without limitation the User's failure to comply with any of the Terms) without any liability whatsoever to the User or to any third party ("Termination").
14.2 In the event of Termination:
14.2.1 the User must (a) cease using the Site and any Material; and (b) as soon as reasonably practicable, delete all Material if stored in any temporary form; and
14.2.2 without prejudice to any other rights and remedies ITV may have against the User, ITV shall be entitled to charge the User an additional use fee/fees in accordance with ITV's rate card.
Indemnity
15. The User shall indemnify and keep indemnified ITV from and against all claims, losses, damages, expenses, costs (including without limitation legal costs) and liabilities arising directly or indirectly in connection with the User's use of any Material, or entry to and/or use of this Site or by reason of the breach by the User of any of these Terms.
Links
16. This Site may provide links to access other sites owned and run by ITV. These sites may have separate terms and conditions (and may have separate privacy policies) applicable to use of those sites. Further, this Site may provide links to access other sites or resources unconnected with ITV. As ITV has no control over such sites and resources, the User acknowledges and agrees that ITV is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials, or services on or available from such sites or resources. The User further acknowledges and agrees that ITV shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Use of Names and Logos
17. The names, images and logos identifying ITV or any third party and/or their products and services are the proprietary marks of ITV and/or third parties and may not be downloaded or used in any manner whatsoever.
Contacting ITV
18. Any User with questions about these Terms and/or the practices of the Site can email clipsales@itv.com.
Miscellaneous
19.1 Notices to the User may be made either by email or regular mail using details supplied in the Registration Information.
19.2 If any of these Terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
19.3 The headings in these Terms are for convenience only and shall not limit or govern or otherwise affect the interpretation of these Terms in any way.
19.4 Any contract arising between ITV and the User as a result of the User's use of this Site is enforceable by ITV (its successors in title and assigns) and the User. Any rights of any person to enforce the terms of such contract pursuant to the Contracts (Rights of Third Parties) Act 1999 are excluded.
19.5 Any contract arising between ITV and the User as a result of the User's use of this Site is personal to the User and the User shall not be entitled to assign, license or otherwise transfer such contract to any third party.
19.6 These Terms and any contract arising between ITV and the User as a result of the User's use of this Site shall be governed by and construed in accordance with the laws of England and Wales and the parties accept the non-exclusive jurisdiction of the English courts over any claim or matter arising under or in connection with these Terms.