CONTENTbible website terms and conditions
1. These terms
1.2 Please read these terms and conditions of use carefully before you start to use the Website as they represent a binding legal agreement and you will be bound by them. We recommend that you print a copy of these terms for future reference.
1.3 By using the Website, you confirm that you accept these terms and conditions of use and that you agree to comply with them.
1.4 If you do not agree to these Terms and Conditions, you must not use the Website.
2. Information about us and how to contact us
2.1 We are LADbible Group Limited, a company registered in England and Wales. Our company registration number is 08018627 and our registered office is at20 Dale Street, Manchester M1 1EZ. Our registered VAT number is GB166432407.
2.2 You can contact us by email at [email protected]
2.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us.
2.4 When we use the words "writing" or "written" in these terms, this includes emails.
3. Downloading and purchasing Content from the Website
3.1 You may browse and purchase content available to download and licence (“Content”) via this Website.
3.2 If you wish to download any Content, you may add this to your online shopping basket and complete the required information (e.g. usage type, duration, territory, media etc), to calculate the price.
3.3 The price of the Content will be the price indicated on checkout of your order, which will be exclusive of sales, use, value-added, GST, excise and customs duties and any other similar taxes (“Transaction Taxes”). Any applicable Transaction Taxes will be added to the price on checkout.
3.4 For the avoidance of doubt, you are responsible for determining what Transaction Taxes would be payable in relation to your licence of the Content, in accordance with the Permitted Use selected by you. You will indemnify us for the full amount of any Transaction Taxes imposed by any jurisdiction that are your responsibility to pay, and any liability (including any penalties, in addition to tax, interest and expenses) arising therefrom.
3.5 We will assign an order number to your order when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.6 Once your order has been submitted and payment has been received, we will make the Content available for download and you will be permitted to use the downloaded Content in accordance with the Permitted Use (as defined below) and these Terms and Conditions.
3.7 We reserve the right to decline or suspend continued use of the Content for any reason whatsoever at our sole discretion.
4. Grant of Content licence
We grant you a limited, revocable, non-exclusive and non-transferable right to use the downloaded Content in accordance with and subject to the usage type, licence term, territory and media selected in the applicable order, for editorial / broadcast purposes only and not commercial use (“Permitted Use”) for each piece of Content and limited to one (1) project and one (1) use only (as specified in the order). This does not confer on you any copyright or other proprietary rights in the Content, all of which are reserved to us. You may not deal with, transfer or sub-licence the rights provided hereunder under any circumstances.
5. Trial Content
5.1 In browsing the Website, we may allow you to download a watermarked test version of your selected content that may be used by you internally only, to ensure that your systems are properly configured to make use of the final version of content (“Trial Content”).
5.2 Provision of the Trial Content is subject to a limited, non-exclusive, non-sublicensable licence to use the Trial Content solely for internal viewing for the purpose of internal evaluation. Trial Content is not permitted to be used for any other purpose (including, without limitation, any form of airing, broadcast, any form of commercial exploitation or in any live or public media).
5.3 Furthermore, provision of the Trial Content does not imply any confirmation that we will enter into any further licence with you in relation to the Trial Content (including any unwatermarked version of the Trial Content). Your right to use the Trial Content shall expire seven (7) days following the Trial Content download date and no further use of such Trial Content for any purpose whatsoever is permitted after such expiry date, after which you must immediately and permanently remove the Trial Content from your content, systems and devices.
6. Your obligations and rights as licensee
6.1 You warrant and represent that:
(a) the Content will only be used in accordance with these Terms and Conditions and that the use of the Content will not exceed the Permitted Use;
(b) you have the power and capacity to agree to these Terms and Conditions and where you are acting on behalf of your employer or another third party, you have the requisite authority to enter into these Terms and Conditions on their behalf;
(c) you will not use or permit the use of the Content or do any act which does not reflect a fair and true representation of the original context or in a manner which might be defamatory to any person or body or which is likely to bring us into disrepute; and
(d) you will obtain and pay for all necessary consents, clearances and licences not contained and provided by us hereunder from any individuals, copyright owners, collecting societies and/or other any other organisations and rights’ holders as appropriate (including, but not limited to, in relation to music which may be featured in the Video and which you acknowledge is not included in the clearance of the Video by us and provide us upon request with valid copies of all such consents, clearances and licences.
6.2 You agree to indemnify us and keep us, and our affiliates, officers, agents, employees and licensors, indemnified from and against any and all claims, damages, losses, expenses, costs and liabilities (including legal fees) relating to or arising from your use of the Content.
6.3 You shall promptly inform us in writing by email (including full details) if you receive any complaint or claim in relation to the Content.
7. Intellectual property
7.1 We are the owner and/or licensee of all intellectual property rights in the Content and the Website, including any material published on it. Except as expressly granted in these Terms and Conditions, there is no transfer or licence of any intellectual property rights in the Content and/or Website to you.
8. Website use
8.1 You may link to the homepage of the Website (and only the homepage), provided you do so in a way that is fair and lawful, and does not damage our reputation or take advantage of it, or which suggests any form of association, approval or endorsement on our part where none exists.
8.2 None of the pages of the Website (including the homepage) may be framed on any other site. We reserve the right to withdraw linking permission at any point without notice.
8.3 We do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your device and browser to access the Website.
8.4 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which the Website is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. 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 the Website will cease immediately.
9. Limitation of our liability
9.1 We disclaim any implied or statutory warranties (including, but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy) in relation to the Content to the maximum extent permitted by law. You acknowledge that your use of the Content is at your own discretion and your own risk. We will not be liable for any loss or damage which you may suffer as a result of or connected to your use of the Content.
9.2 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
9.3 Subject to clause 9.2:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with:
(i) any contract between us;
(ii) use of, or inability to use, the Website; or
(iii) use of or reliance on any Content or content displayed on the Website; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the fees paid (if any) for the Content.
10. How we may use your personal information
10.1 We will only use your personal information as set out in our Privacy Notice.
11. Other important terms
11.1 We may transfer our rights and obligations under these terms to another organisation including without limitation a company in our group.
11.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
11.3 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
11.4 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
11.5 Any dispute or claim arising out of or in connection with a contract between you and us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
Last updated 24 February 2022