2. We reserve the right to update these Terms from time to time at our discretion. We may do so for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our Terms then you shall immediately stop accessing and/or using the Site. Updated Terms will be effective as soon as they are accessible. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them.
3. The Site showcases films and events. If you would like your film and/or event to be included on the Site, please contact us here.
4. You must be at least 18 years old to register on the Site and you warrant that all information that you provide to us on registration is accurate and complete and you shall promptly make any necessary changes to that information within your account on the Site.
5. You are responsible for maintaining the confidentiality of your login details, and you are solely responsible for all activities that occur under your login details. You must not allow any third party to access the Site through your login details. Please take precautions to protect your login details and contact us immediately if you believe there has been any unauthorized use of your login details. You should exit from your account at the end of each session. We are not liable for any loss or damage arising from your failure to comply with this Clause 5.
6. Access to and use of certain parts of the Site is available only to paid subscribers resident in the United Kingdom. Subscription fees are £3.99 a month to be paid in advance through our payment provider STRIPE and in accordance with the STRIPE terms. Access is instant on receipt of the first payment of the fee and therefore you have no right to cancel your subscription for the first month. You can, however, terminate your subscription for future months through your account by clicking ‘Cancel Subscription’.
7. We shall be entitled to increase the fees at any time on 7 days’ notice to you. Your continued use of the Site constitutes acceptance of the increased fees.
8. Without prejudice to any other rights or remedies available to us, if you fail to pay a fee by the due date, we shall be entitled to (a) claim costs and interest under the Late Payment of Commercial Debts (Interest) Act 1998 (as amended) from the due date for payment accruing on a daily basis, until payment is made; (b) suspend your access to the Site; and/or (c) terminate your subscription without notice.
9. The Site enables you to view films chosen by us and to provide feedback on our films, for use on the Site. You may also use the Site to book tickets to our events, subject to our terms and conditions of booking.
10. The Site must not be used for any illegal or unauthorised purpose. Users of the Site may not use any information obtained from the Site to advertise or sell to any other user without his or her prior explicit consent.
11. When you use the Site you must comply with all applicable laws. In particular, but without limitation, you agree not to (a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; (b) use the Site in any manner that could damage, disable, overburden or impair our servers or networks or interfere with any other user’s use and enjoyment of the Site; and/or (c) save to the extent expressly permitted by law and not capable of exclusion by law, copy, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Site.
12. Any content you provide to us (User Content) must comply with all applicable laws and regulations and you must have the right to provide to us such User Content.
13. You grant a perpetual, non-exclusive, royalty-free, transferable licence to HazelHeart to reproduce your User Content on the Site and to use it within marketing materials for the business of HazelHeart.
14. We are not responsible and accept no liability for User Content including any User Content that contains incorrect information. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. We do not necessarily endorse any opinion or statement contained in any User Content.
15. The copyright in all material contained in the Site including all films, recordings, text, images, and all source code and other software is owned by or licensed to HazelHeart (Site Content). All rights are reserved. Provided you are in compliance with these Terms, including all payment obligations, you can access and view Site Content for your own personal private use, and where indicated on the Site you can share the Site Content but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use Site Content without our permission.
16. If you believe any Site Content infringes your copyrights, you may submit a notice to us including the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of any exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed; (c) identification of the material that is claimed to be infringing; (d) information reasonably sufficient to enable us to contact you, including your name, email and/or postal address; (e) a statement that you have a good faith belief that use of the material on the Site is not authorised by the copyright owner, its agent and/or the law; and (f) a statement that the information in the notice is accurate and under penalty of perjury, you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
17. The Site may contain links to websites or Sites operated by third parties. We do not have any influence or control over any such third party websites or apps and we are not responsible for and do not endorse any third party websites or apps or their availability or content.
18. We accept no responsibility for adverts contained within the Site. If you agree to purchase goods and/or services from any third party who advertises in the Site, you do so at your own risk. The advertiser, and not HazelHeart, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.
19. Use of the Site is at your own risk. The Site is provided on an “as is” basis. To the maximum extent permitted by law (a) HazelHeart disclaims all liability whatsoever, whether arising in contract, tort (including negligence) under statute or otherwise in relation to the Site including Site Content and User Content; and (b) all implied warranties, terms and conditions relating to the Site, Site Content and User Content (whether implied by statute, common law or otherwise), including any warranty, term or condition as to accuracy, completeness, reliability, satisfactory quality, performance, fitness for purpose, availability and non-infringement are excluded.
20. HazelHeart will not be liable, in contract, tort (including negligence), under statute or otherwise, as a result of or in connection with the Site, for any (a) economic loss including loss of revenues, profits, contracts, business or anticipated savings; (b) loss of reputation; (c) loss of data including User Content of any user; and/or (d) special or indirect or consequential loss even if advised of the possibility of such losses.
21. If HazelHeart is liable to you directly or indirectly in relation to the Site, that liability (howsoever arising) shall be limited to the fees paid by you to HazelHeart in the 12 months before the claim arose. Nothing in these Terms shall be construed as excluding or limiting the liability of HazelHeart for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation or for any other liability which cannot be excluded by English law.
22. There may be occasions when access to the Site may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. You also acknowledge that the Site may be subject to breaches of security and that the submission of content and interactions with other users may not be secure.
23. We reserve the right to remove any content or features from the Site for any reason, without prior notice and/or to suspend or cease providing any services relating to the Site without notice, and shall have no liability or responsibility to you in any manner whatsoever in such circumstances.
24. You may terminate your account at any time, provided that we shall not be obliged to refund you any fees paid in advance.
25. Without prejudice to any other rights or remedies available to us, we may suspend or terminate your account if (a) you have breached any provision of these Terms including the Acceptable Use Policy; (b) we cannot verify or authenticate any information you provide to us; and/or (c) we determine that your conduct could damage our reputation.
26. If your account is terminated (a) you must cease to use the Site; (b) you may not re-register under a different name; and (c) you acknowledge that your User Content may be deleted or retained by us after the date your account is deleted at our sole discretion.
27. In these Terms (a) headings are for convenience only and do not affect interpretation; (b) words in the singular include the plural; and (c) including means including but not limited to.
29. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
30. You consent to receive all communications including notices and other information from HazelHeart electronically. HazelHeart may provide all such communications by email, text or by posting them on the Site.
31. If you have any complaint or wish to raise a dispute under these Terms or otherwise in relation to the products please follow this link.
32. These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.