Open Planet Terms & Conditions

Use of this Website

  • Use of this website (the “Website”) is governed by these terms and conditions (the “Terms”).  In these Terms, the word “we” refers to All3Media Clip Sales Limited of Berkshire House, 168-173 High Holborn, London WC1V 7AA, United Kingdom. We are a limited company registered in England and Wales under company registration number 14267429. We operate the Website on behalf of our associated company, Open Planet Community Interest Company of Berkshire House, 168-173 High Holborn, London WC1V 7AA, United Kingdom, which is a limited company registered in England and Wales under company registration number 14222687. The term ‘you’ refers to any user or viewer of our Website.
  • Please read these Terms carefully.  By using the Website, you confirm that you accept these Terms and that you agree to comply with them.  If you do not agree to these Terms, you must not use the Website.
  • These Terms should be read in conjunction with our Privacy Policy.  All capitalized definitions used in the Privacy Policy, shall, unless otherwise stated, have the same meaning as ascribed to such definitions in these Terms.
  • In these Terms, the expression “Library” means the centralised platform and database of audio-visual footage and recordings, visualisations, images (including of the land, ocean, wildlife, climate and people), scientific and other data, and other related material made available by us on the Website. References to “Library” include any component parts of the Library.

General

  • To use our Website to download content, you must be 14 years or older. You therefore confirm that, if you plan to download content from our Website, you are 14 years old or older. If you are under 18, you must have your parent’s or legal guardian’s permission before downloading any content from our Website.
  • You are responsible for the internet connection and/or mobile charges that you may incur as a result of accessing and/or using our Website. You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you access and/or use our Website.
  • When using our Website, you may choose to, and in some instances you will be required to, create an account with us. If you do create an account with us, you agree that you shall take all steps necessary to protect your log-in details and keep them secret.
  • We will be entitled to assume that anyone logging into your account using your log-in details is either you or someone logging in with your permission. If you fail to keep your log-in details secret, or if you share your log-in details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this and agree to fully compensate us for any losses or harm that may result.

User conduct

  • As a condition of your use of the Website, you agree that you will not: (a) violate any laws; (b) use the Library (including any caption information, keywords or other metadata associated with the Library) for any machine learning and/or artificial intelligence purposes, or for any technologies designed or intended for the identification of natural persons; (c) falsely represent that you are the original creator of a work that is made up largely of the Library (for example, you cannot create artwork based solely or largely on the Library and claim that you are the author); (d) use, include or otherwise feature, or make available the Library on an openly accessible database, platform, channel (including a social media channel, such as a YouTube channel) or other outlet so as to create an offering which is the same as or similar to that made available by us on the Website; or (e) use or authorise use of the Website (including the Library) for any purpose outside the scope of the User Licence (as defined in Clause 5(ii) below), including without limitation onward licensing of the Library by way of commercial clip sales (which is strictly prohibited).
  • You agree not to: (a) make available any malicious or potentially harmful computer code; (b) collect information about users of the Website or the Library; (c) interfere with the operation of the Website or the Library (d) reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, sublicense, distribute or otherwise exploit any portion of the Library, except as expressly authorised herein; (e) reverse engineer, decompile or disassemble any portion of the Website or the Library, except to the extent such restriction is expressly prohibited by applicable law; or (f) use any robot, spider or other device to retrieve, index, “scrape” or “data mine” any content on the Website or in the Library, or otherwise access or download any content from Website or the Library other than as permitted by these terms.
  • If you are concerned that someone else is not complying with any part of these terms, please email us at: clipsales@all3media.com.

Availability of this website

  • We reserve the right to withdraw, suspend or restrict your or any other user’s access to the Website (or any part of it) and/or the availability of the Website (or any part of it) to you or any other user without notice to you or to any other party.
  • You acknowledge that we cannot guarantee continuous, error-free, virus-free (or free of other harmful elements) or secure access to our Website or that defects in the Website will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the operation and availability of our Website (including any features on it).
  • We reserve the right to modify or discontinue any aspect of our Website in our sole discretion without notice to you.

Intellectual Property Rights

  • All copyright, trademarks, domain names and other intellectual property rights in materials on and in the Website are owned by or licensed to us.  This material includes, but is not limited to, the Library, any text, video or photograph and the design, layout, look and appearance of the Website and graphics featured on it.
  • As a user of the Website, you are granted the non-exclusive right to use (including the right to record, copy, cut, edit, dub, subtitle, reproduce, broadcast, repeat, and transmit) the Library solely for informational, educational or other  non-commercial purposes, which may include, for example, use in publications or presentations at public or private events, in social media or in online or other not-for-profit exhibition in any media for the purposes of making available information about the world’s ecology including the causes of, impacts of and solutions to climate and ecological change but always excludingany right to commercially exploit the Library in any way, whether by incorporating in a paid for publication, presentation or production or charging a fee or receiving a revenue stream for any publication, presentation or production incorporating any Library or incorporating the Library in any advertising or promotional materials or any other use primarily intended for or directed towards commercial advantage or monetary compensation, even if such compensation is merely to recoup the costs of the activity (together, the “User Licence”).  For clarity, (a) no discrete fee may be charged for entry to a screening of the Library (or any production in which the Library is incorporated) but a general fee may be paid for attendance at any event at which such production may be exhibited and (b) no use can be made of the Library, or of any publication, presentation or production incorporating the Library, for social media monetisation (so, for example, claiming an advertising revenue stream from a Youtube channel is not permitted). If you are interested in using the Open Planet library for commercial uses, please visit clipsales.all3media.com.
  • You must not create content/films that exceed more than 25 minutes in length without seeking approval from us at enquiries@openplanet.org. Productions exceeding 25 minutes in length must not contain more than 20% of footage from a single footage licensor.
  • Where indicated to you by us, you agree to obtain the consent of any third party prior to you making any use of any item of the Library and/or comply with any restrictions in your use of any item of the Library. This may include a requirement on your part to obtain permission from music collecting societies (for example, if you wish to make any of the Library containing music available at a public event).
  • Any credit or acknowledgement embedded in the Library must be retained at all times and where a credit is requested in relation to use of any Library content you must include it in your production as indicated on the content page.
  • You shall not make any use of the Library in any way that (a) is defamatory, libellous, obscene, pornographic, immoral or illegal; or (b) distorts the original meaning of and/or misrepresents and/or takes out of context any item of Library; or (c) seeks to ridicule the Library, its contents, those featured in it, us or any of our associated companies, partners or licensors; or (d) is derogatory of or brings or is likely to bring into disrepute us or any of our associated companies, partners or licensors; or (e) uses the Library to support any argument or position that is factually incorrect or any hypothesis or supposition that seeks to undermine any scientifically proven fact(s) or (f) is inconsistent with our mission and ethos (so-called “greenwashing” and other cynical forms of marketing would fall within this bracket). Breach of this Clause by you will result in the immediate automatic termination of your User Licence.
  • All material on the Website other than the Library is not included in the User Licence and therefore cannot be reproduced or appropriated in any way without written permission from us.  No rights of any kind in this material are licensed or assigned or shall otherwise pass to any persons accessing any of the Website, and no part of it may be reproduced, modified, copied, distributed, published or transmitted in any form or by any means without our prior written approval. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in our Website.
  • We may discontinue licensing any item of the Library to you or any other user at any time at our sole discretion if any such item may be subject to a claim of infringement of a third party’s right for which we may be liable or for any other reason. Upon notice from us, or upon your knowledge, that the licence of any item of the Library is being discontinued, you shall immediately, and at your own expense, cease using the Library, delete or destroy any copies and take down the item of Library from where it is being displayed (e.g. social media); and ensure that your clients, distributors and/or employer do likewise.

Third Party Websites

  • The Website may contain links to third party websites which are not controlled by us.  We are not responsible for the contents of any linked website (including any goods or services offered or supplied through such website) or any link contained in the linked website.  Should you access such websites, you do so at your own risk and you agree that we have no liability towards you in respect of any loss or damage suffered by you resulting from or connected to your use of such third party websites.
  • The inclusion of any link does not imply any endorsement of the linked website or any content on such website by us.

Disclaimer

  • We do not give any warranty, express or implied, in relation to our Website and you acknowledge that your only right with respect to any problems or dissatisfaction with any aspect of our Website is to discontinue your use of our Website.
  • Whilst we have made reasonable efforts to ensure that the information placed on the Website by us is scientifically and factually accurate, we shall not be liable for any errors or changes in data since information was originally posted to the Website. The Website and its content are provided on an ‘as is’ basis without any representation, warranty or guarantee (whether express or implied) including, without limitation, as to its accuracy, quality, completeness or fitness for purpose.
  • You understand that when using our Website, you will be exposed to a variety of different content, some of which you may find upsetting or alarming (for example, footage of natural disasters). Under no circumstances will we be liable in any way for any content, including, but not limited to, any losses, harm, distress or damage of any kind resulting from such content.

Exclusion of Liability

  • Nothing in these Terms shall limit our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees.
  • To the extent legally permitted, we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute, and we will not be liable for any loss or damage (whether direct or indirect, including but not limited to, special or consequential loss, loss of profits, business interruption, loss of business opportunity, damage to goodwill or reputation) suffered arising out of or in connection with your use of the Website or its content (including the Library), even if you advise us or we could reasonably foresee the possibility of any such damage occurring.
  • We are not liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control.
  • We will not be responsible to you for any loss that you suffer as a result of an unauthorised person accessing your account and/or using our Website and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.

Indemnity

  • We accept no responsibility for your actions or omissions, and you agree by accessing and/or using the Website, to indemnify and hold harmless us, our employees, officers, agents and contractors from and against all actions, proceedings, suits, claims, demands and costs (on a full indemnity basis) brought or made against us by any person arising from or in consequence of such actions or omissions, and from and against any damage, loss, cost or expense suffered or incurred by us as a direct or indirect consequence thereof.
  • You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these Terms by you.
  • You agree by accessing and/or using the Website, to indemnify and hold harmless us, our employees, officers, agents and contractors from and against all actions, proceedings, suits, claims, demands and costs (on a full indemnity basis) brought or made against us by any person arising out of use of the Website (save where decided by a court of competent jurisdiction to have been a direct result of our negligence).

Breach of these Terms

  • Without limiting any other remedies or any other paragraph of these Terms, if we reasonably believe that you are in material breach of these Terms (including by way of repeated minor breaches), we reserve the right to take any of the following actions, whether individually or in combination, and either with or without notice to you: (i) terminate your User Licence; (ii) delete, suspend and/or modify your account or parts of your account (including removing any Library made available by you); (iii) otherwise suspend and/or terminate your access to our Website; and (iv) reset and/or modify any benefits and privileges associated with your account.

Amendments to these Terms

  • We reserve the right to amend these Terms and/or the Privacy Policy from time to time by posting a revised version on the Website, or if an update materially adversely affects your rights or obligations under these Terms, we will provide notice to you either by emailing the email associated with your account or providing a notification on the Website. Those changes will become effective 30 days after we notify you. All other changes will be effective immediately.
  • By continuing to use the Website after the Terms and/or the Privacy Policy have been amended, you will be deemed to have agreed to such amendments.

Contact Us: Enquiries & Complaints

If you have an enquiry or complaint about our Website, or would otherwise like to contact us, please email us at: clipsales@all3media.com or write to us at All3Media Clip Sales Limited, Berkshire House, 168-173 High Holborn, London WC1V 7AA, United Kingdom. We will try to answer your enquiry or resolve any complaint as soon as possible.

Miscellaneous

  • You understand that if you delete your account, or if we delete your account in accordance with these Terms, you may lose access to any data previously associated with your account.
  • You may not use our or any of our associated companies’ names, logos, or trademarks to impersonate us or any of our associated companies, or to suggest a connection between you and us or any of our associated companies.
  • You agree that we may notify and/or cooperate with any authorities and law enforcement agencies in relation to any of your activities in relation to this Website, including providing any and all information about you held by us, including your personal or other details, to those authorities and law enforcement agencies.
  • If any of these Terms are found to be illegal, invalid or otherwise unenforceable as a result of any applicable law or regulation, then to the extent permissible where the relevant law or regulation applies, such term shall be amended so as to make it legal, valid and enforceable. If any such amendment is not possible, then the relevant term shall be deemed deleted from these Terms.  The remaining Terms shall survive such amendment and shall remain in full force and effect.
  • If we decide not to exercise or enforce any of our rights at any particular time, then this does not prevent us from later deciding to exercise or enforce that right.
  • You acknowledge that if you violate or breach these Terms, it may cause irreparable harm to us and our associated companies, and we shall have the right to seek injunctive relief against you in addition to any other legal remedies.
  • These Terms do not create or infer any rights that are enforceable by any person who is not party to them.
  • These Terms are governed by and construed in accordance with the laws of England and Wales.  Any disputes arising from or in connection with these Terms, or use of the Website or its content shall be subject to the exclusive jurisdiction of the courts of England and Wales.