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Terms & Conditions
Data Protection
Hot Property adheres to The Data Protection Act 1998, such that your personal data will be:
- Processed fairly and lawfully.
- Processed only for one or more specified and lawful purpose.
- Adequate, relevant and not excessive for those purposes.
- Accurate and kept up to date - data subjects have the right to have inaccurate personal data corrected or destroyed if the personal information is inaccurate to any matter of fact.
- Kept for no longer than is necessary for the purposes it is being processed.
- Processed in line with the rights of individuals - this includes the right to be informed of all the information held about them, to prevent processing of their personal information for marketing purposes, and to compensation if they can prove they have been damaged by a data controller's non-compliance with the Act.
- Secured against accidental loss, destruction or damage and against unauthorised or unlawful processing - this applies to you even if your business uses a third party to process personal information on your behalf.
- Not transferred to countries outside the European Economic Area - the EU plus Norway, Iceland and Liechtenstein - that do not have adequate protection for individual's personal information, unless a condition from Schedule four of the Act can be met.
Intellectual Property
- The Hot Property website is registered in the UK. All rights of www.hotpropertymovie.com and www.halyardproductions.com are reserved. No part of these web-sites may be reproduced, stored in a retrieval system or transmitted in any form or by any means electronic, mechanical, photocopied, printed, recorded or otherwise, without the prior permission of Hot Property.
- All intellectual property rights (including without limitation patents, copyrights, design rights, registered designs and trade and service marks, and rights to apply for any of the foregoing) subsisting in or to any inventions, ideas or information or in or to any services invented, devised, made, created, acquired or written shall be and remain Hot Property's absolute property.
- All copyright, trade marks and all other intellectual property rights in all material or content supplied as part of the Site shall remain at all times vested in us or our licensors.
Your Use of the Site
- In using the Site you are accepting these Terms and Conditions. We may revise these terms at any time by updating this posting.
- The terms 'you/your' used here refers to all individuals and/or entities accessing the Site for any reason
- On acceptance of these Terms and Conditions, you may browse the Site, including viewing and posting questions via our email facility.
- You will ensure that your use of the site is lawful and does not cause any damage or interference to the Site or facilities. In particular, you will not: - upload or post any viruses, files or code designed to interrupt, destroy or limit the functionality of the Site or any computer Software or equipment; or - upload or post any spam onto the website, upload any untrue statements or defamatory material relating to Hot Property or third parties whosoever and wheresoever referred to on the websites www.hotpropertymovie.com and www.halyardproductions.com.
- The opinions expressed on the Site are those of the authors of the material and not of Hot Property. Their publication does not represent any form of recommendation or endorsement of any kind.
- You agree to indemnify and hold harmless www.hotpropertymovie.com and www.halyardproductions.com from all claims costs and expenses arising out of a breach by you of any of Clauses 3.1 to 3.5 above.
Disclaimers
- We encourage you to use discretion while browsing the internet. Our Site contains links to external sites. Although we check such links from time to time, we have no control over these sites or have any responsibility for them. We cannot therefore be responsible for any content that some people may find offensive or inappropriate or which is inaccurate, misleading or in any other way unlawful. For the same reason, we cannot be responsible for information, materials, products or services on or available from external sites or any third parties you access through the Site, nor for any damage, loss or offence caused, or alleged to be caused, by or in connection with the use of or reliance on any information, materials, content, advertising, products or services available from such external sites or third parties.
- Any dealings between you and any third party accessed on or via the Site, including payment for and delivery of information, materials, products, services and any other terms, conditions, warranties or representations, associated with such dealings, are solely between you and the relevant third party. You agree not to hold us liable for any loss or damage of any kind incurred as the result of such dealings.
- We are confident in the resilience of the Site, check its content and data for integrity on a regular basis and are confident in its performance but we cannot give any warranty or other assurance regarding the information and materials available or the content, operation or the functionality of the Site or that the Site will meet your requirements or will be uninterrupted, secure, free of error or virus free. We make no warranty or representation, whether express or implied, in relation to the Site or as to results or the accuracy of any information or material obtained by you through the Site. All implied warranties or conditions of satisfactory quality, fitness for purpose, completeness or accuracy are hereby excluded, to the maximum extent permissible by us in our own right except where expressly stated under the registration of product warranty process available on this Site.
- Access to the Site may be interrupted, restricted or delayed. If for any reason the Site or our service to you is interrupted we will aim to restore our service as quickly as possible (to the extent that it is within our reasonable control to do so), although we shall be under no obligation to do so and shall not be liable in the event that we have not done so.
Liability
- Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
- We accept no liability for consequential losses
- You acknowledge that the information and material available on or through the Site is for your general information and use and is not intended to address your particular requirements.
- You acknowledge that we have no control over the information and material which can be accessed by or through the Site and that we do not know the nature of the information and material you or other users are sending, uploading or posting on the Site. We therefore exclude all liability of any kind (including for libel, breach of confidence, intellectual property right infringement, invasion of privacy, defamation and negligence) for the transmission or reception of such information or material of whatever nature by, about or to you.
- You acknowledge that your use of the Site and any information or material you download or obtain through the Site is at your own risk and we will not be responsible or liable to you for any loss of content, information or material uploaded or transmitted through the Site. You confirm that we shall not be liable to you or any third party for any modification to, suspension of or discontinuance of the Site.
- To the full extent permissible by law, you agree that we will not be liable for any consequential, incidental or indirect loss or damages in contract, tort or otherwise, for any loss or damage whatsoever arising from or in any way connected with your use of the Site, including, without limitation, damage for any loss in business projects, loss of profits, loss of privacy or other consequential losses arising in contract, tort or otherwise from the use of or the inability to use the Site or any information or material appearing on it, or from any action or decision taken as a result of using the Site or any such information or material. This includes, but is not limited to, the exclusion of any implied warranty that the information and material it contains is lawful, accurate, complete or up-to-date or is suitable for any particular purpose.
- You acknowledge that any agreements entered into by you and any third party as a result of or in connection with your or their use of the Site are made at your and their sole risk and responsibility.
- We aim to provide a consistent and high level of service to all our customers but please note any assistance provided to you by means of our email facility must be solely at your risk.
General
- We reserve the right to alter or remove the Site or any part of it and any information, material and facilities incorporating the Site, without any notice to you.
- No compensation will be payable to you as a result of any removal, alteration or termination under Clause 6.1 above.
- We reserve the right to change these Terms and Conditions at any time. Such revised Terms and Conditions will be posted on the Site. By continued use of the Site after such Terms and Conditions have been posted, you agree to abide by such changes.
- Each provision of these Terms and Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances. No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.
- These Terms and Conditions constitute the entire agreement between you and us with respect to their subject matter and exclude any representations and warranties previously given or made other than any negligent or fraudulent misrepresentation and may be amended only by us on notice to you by email or in writing.
- Nothing in these Terms and Conditions shall be construed as creating any agency, partnership or any other form of joint enterprise between you and us.
- These Terms and Conditions are exclusively governed by and construed in accordance with the laws of England and Wales whose courts will have exclusive jurisdiction in any dispute, save that we have the right at our sole discretion to commence and pursue proceedings in alternative jurisdictions.
Waiver
- Hot Property may decide from time to time not to enforce any of the terms and conditions of the agreement. If so, Hot Property, will not be deemed to have waived those terms and conditions on any other occasion.
Media submissions
- Media materials, including but not exclusively limited to music, images, artwork and copy, submitted to the Hot Property site will for a limited period be deemed to be licensed to the company. Use of such materials shall be exclusively for purposes relating to the competition and promotion of Hot Property
- No fees shall be payable for the licenses mentioned in clause 8.1 above
- The period for which the license is granted is limited to the duration of the soundtrack selection process for Hot Property. All material will be released after the soundtrack selection is declared complete in writing and posted on the website www.hotpropertymovie.com
- Individuals or groups submitting material for the soundtrack competition give warrants that they have full performance and exploitation rights to the material submitted, including but not exclusively limited to original material, material in the public domain or licensed material
- The Company will not be liable for any loss or damages that arise from the submission of material where the permissions indicated in clause 8.4 have not been correctly obtained
The soundtrack selection competition for Hot Property (the competition)
- The competition dates are guidelines and may be changed by the producers. Written notice will be provided of any such changes to competition entrants, either directly or via notices on the website www.hotpropertymovie.com
- Royalty payment to entrants of the competition will be paid by cheque on completion of the competition selection process
- Payments will be subject to a minimum of 50 download/votes per track to qualify for reimbursement
- The royalty rate will be one third of the net profits of the download revenue generated from the voting process. This will include all revenues generated during the full period for which voting is open, but exclude any votes cast after the end of the voting period
- The competition will result in 4 top 10 charts on closing of the voting process. All songs included in these charts may be considered for the movie soundtrack, but it is not guaranteed that you will be chosen. The producers' decision is final as to the content of the official soundtrack. However, subsequent soundtrack related albums may be generated on which a larger number of tracks can be included. Details of these arrangements will be subject to contract outside the scope of these terms and conditions
- Professional recordings of the selected tracks will take place as required for completion of the film and accompanying soundtrack. Artists will be responsible for attending these sessions and their reasonable expenses. Artists will make themselves available for the recording sessions in a timely and professional manner as best as possible
- It is the intention of the producers to promote the winning artists as part of the publicity tour. This may take the form of live performances at or after the premieres of the film in a number of locations, both in the UK and abroad. Although this is the producers' intention, these events are not guaranteed and subject to limitations including but not exclusively limited to artist availability, expense, locations, permits, scheduling and demand.