WHISPER FILMS LIMITED – WEBSITE TERMS AND CONDITIONS OF USE

1. Introduction

The terms and conditions set out below (the “Terms and Conditions”) apply between Whisper Films Limited (“Whisper”) and you, and govern the terms of your use of the website of Whisper Films Limited (“the Whisper Website”).

Please read the Terms and Conditions carefully, as they might affect your legal rights. By using the Whisper Website, you confirm that you accept these Terms and Conditions and that you agree to comply with and be bound by the Terms and Conditions. If you do not agree to be bound by the Terms and Conditions, you must not use the Whisper Website.

2. Intellectual Property and Acceptable/Prohibited Use

All intellectual property rights in any materials in any content in any materials in any media on the Whisper Website, unless uploaded by users, are owned or licensed to Whisper, unless specifically requested to be uploaded by users. Users may view, download and print pages form the Whisper Website for their own personal use, provided that, in all cases, Whisper Films is acknowledged as the source of the material. Save as expressly provided in this paragraph, you may not copy, download, modify, reproduce, amend, distribute or delete or otherwise use for any purpose, any material, content of part of the Website.

For the avoidance of doubt, you may not:

use any content from the Website in any way which
- causes, or may cause, damage to the Website or which interferes with any other person’s use or enjoyment of the Website, or which
- is in any way harmful, unlawful, illegal, abusive harassing, threatening or otherwise objectionable (or which may reasonably be deemed to be objectionable); or which
- is in breach of any applicable law or regulation.
make, transmit or store electronic copies of any content included in the Whisper Website.

3. Use of Cookies on the Whisper Website

The Whisper Website uses cookies, and by using the Whisper Website you consent to the use of Cookies.

Cookies are small text files that are placed on your machine. Cookies do lots of different jobs, like letting you navigate between pages efficiently, storing your preferences, and generally improving your experience of a website. They make the interaction between you and the website faster and easier. In general, cookies are used to retain user preferences, store information for things like shopping carts and provide anonymised data to third party applications like Google analytics.

If a website doesn’t use cookies, it will think you are a new visitor every time you move to a new page on the site – for example, when you enter your login details and move to another page it won’t recognise you and it won’t be able to keep you logged in.

Cookies will generally make your browsing experience better. However, you may prefer to disable cookies on the Whisper Website (and on other websites too). The most effective way to do this is to disable cookies in your browser. Details of how to do this may be found in the Help section of your browser or by taking a look at www.aboutcookies.org or www.cookiesandyou.com which offer guidance for all modern browsers.

4. Availability of the Website and disclaimers

Any online facilities, tools, services or information that Whisper makes available through the Whisper Website (“the Service”) is provided “as is” and on an “as available” basis.

Whisper Films gives no warranties that the Service will be free of defects and/or faults and provides no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

Whisper Films is under no obligation to update information on the Whisper Website.

Whisper Films accepts no liability for any disruption or non-availability of the Whisper Website and reserves the right to alter, suspend or discontinue the whole or any part of the Website, including but not limited to, and products or services that may be made available on the Whisper Website from time to time. Unless explicitly stated otherwise, the Terms and Conditions shall continue to apply to any modified version of the Whisper Website.

Whisper Films agrees to use reasonable endeavours to ensure that the Whisper Website is free and secure of any errors, viruses and malware. However no warranties or guarantees are given to the Users, and all Users must take responsibility for their own security, including that of their personal details and computers.

5. Limitation of Liability

Nothing in these terms and conditions will limit or exclude Whisper Films’ or your

liability for death or personal injury resulting from Whisper Films’ or your negligence as applicable;
liability for fraud or fraudulent misrepresentation; or
liabilities in any way that is not permitted under applicable law.

Whisper Films will not be liable to you in respect of any losses arising as a result of events beyond our reasonable control.

To the maximum extent permitted by law, Whisper Films accepts no liability for any of the following:

any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
loss or corruption of any data, database, software or hardware;
any special, indirect or consequential loss or damage.

6. Other policies that may apply

Please also refer to the Whisper Films Privacy policy (“the Whisper Privacy Policy”), which might also apply to your use of the Whisper Website.

7. General

You may not transfer any of your rights under the Terms and Conditions to any other person. Whisper Films may transfer its rights under the Terms and Conditions where we reasonably believe that your rights will not be affected.

These Terms and Conditions may be varied by us from time to time. Such revised terms will apply to the Whisper Website from the date of publication. Users should check the Terms and Conditions regularly to ensure familiarity with the most current version.

These Terms and Conditions (together with any other policies that may apply as referenced included in these Terms and Conditions) contains the whole agreement between the parties in relation to the Whisper Films Website and supersede any other arrangements or agreements that might have taken place in relation to the Terms and Conditions. For the avoidance of doubt, the Contracts (Rights of Third Parties Act 1999 shall not apply to these Terms and Conditions and no third party will have any right to enforce or rely on any provision of these Terms and Conditions.

If any provision of these Terms and Conditions (or part of any provision is found to be invalid, illegal or unenforceable, that provision or part-provision, will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms and Conditions will not be affected.

Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that or any other right or remedy.

This Agreement shall be governed and interpreted according to the law of England and Wales and all disputes arising under this Agreement shall be subject to the exclusive jurisdiction of the English and Welsh courts.