Terms and Conditions

Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

We are Aardman Animations Limited, and we are really pleased that you’ve chosen to visit our website.

These terms of use (together with the documents referred to in them) explain how you may visit and use our website at www.aardman.com (our “site”).

These terms of use will apply to you when you use our site so you should read them carefully before you start to use our site.

If you are under 18 years old then you should ask your parent or guardian to read these terms of use with you. This is because some of the words in these terms of use can be difficult for children to understand, so if you are a child it is important that an adult helps you with these terms of use so they can say if it’s OK for you to use our site.

By using our site, you are confirming that you (or your parent or guardian) have read and accept these terms of use and that you agree to comply with them.

If you (or your parent or guardian) do not agree to these terms of use, you must not use our site.

ABOUT US

This site is operated by Aardman Animations Limited (“we”, “us”, “our”).  We are a limited company registered in England and Wales under company number 02050843 and have our registered office at Gas Ferry Road, Bristol, BS1 6UN.  Our VAT number is GB609301172.

If you have any questions, concerns or would like to contact us about this website, please get in touch with us at: web.producer@aardman.com.

OTHER APPLICABLE TERMS AND POLICIES

These terms of use refer to some other terms and policies which will also apply to you when you use our site:

  • Our Privacy Policy, which sets out information about how we may collect, store and use personal data that we collect about you, or that you provide to us. The Privacy Policy also sets out how we use cookies on the site.
  • The Aardboiled terms of use (which are set out below), which apply to any and all content you create and contribute to our AardBoiled YouTube channel (“AardBoiled”)
  • From time to time we may run competitions on our site. If so, the terms and conditions for these competitions will be set out at the bottom of this page. Please note that there may be more than one competition running at the same time, in which case there will be a separate set of competition terms and conditions for each competition.

By using our site, you are also confirming that you (or your parent or guardian) have read and accept the terms and policies listed above.

USE OF THIS SITE

This site is available for your own, personal use. It is not intended to be used for any form of commercial purpose or business activity.

You should only use our site for lawful purposes and in accordance with these terms of use. You must not use our site:

  • in any way that breaches these terms of use;
  • in any way that breaches any applicable local, national or international law or regulation;
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • in any way that may be harmful to any person, or in any way that may cause damage to any property (including this website or any other website);
  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
  • to knowingly transmit, send or upload any data or material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree not to:

  • reproduce, duplicate, copy or re-sell any part of our site in contravention of these terms of use; or
  • otherwise do anything that will interrupt, interfere with, damage or disrupt any part of our site or any equipment, software or network that we use to make our site available.

Our site is designed for people living in the United Kingdom and when you use the site you must comply with all laws that apply in the United Kingdom. If you live outside the United Kingdom you may visit our site, however we cannot guarantee that our site or any content that is available through our site is appropriate for use in other countries or territories. It is your responsibility to check that your use of our site is compliant with any laws or regulations that apply where you live.

OUR LIABILITY TO YOU

As noted elsewhere in these terms of use, our site is intended for domestic and private use only. If you are a consumer user:

  • we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity;
  • in relation to your domestic and private use only, if we fail to comply with these terms of use then we are responsible for loss or damage you suffer that is a foreseeable result of our breach or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable (loss or damage is “foreseeable” if either it is obvious that it will happen or if, at the time you agreed to this User Agreement, both we and you knew it might happen); and
  • our maximum aggregate liability to you under or in connection with these terms of use, whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £100 (one hundred pounds).

If you are a business user:

  • we exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it;
  • we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of or inability to use our site, or use of or reliance on any content displayed on our site;
  • in particular we will not be liable for: loss of profits, sales, business of revenue; business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.

We accept no responsibility or liability for the conduct of any user of our site.

Nothing in these Terms shall be construed as excluding or limiting the liability of Aardman Animations Limited or our group companies where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

AARDMAN’S INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our site and in the material published on it, including all information, data, text, music, sounds, photographs, graphics and videos, the selection and arrangement thereof, and all source code, software compilations and other materials available on or embodied within the site (“Materials”). All Materials are protected by copyright laws and treaties around the world.  All such rights are reserved by us.

You can view, print or download extracts of the Materials for your own personal use but you cannot otherwise copy, edit, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form or otherwise use the Materials without our express permission. Our status (and that of any identified contributors) as the author(s) and/or owner(s) of the Materials must always be acknowledged.

You may reasonably draw the attention of others to content posted on our site but you must not otherwise frame or link to the site or any part of it without our permission.

You must not use any part of the Materials for commercial purposes without first obtaining a licence to do so from us or our licensors.

If you print off, copy, download or use any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

The trademarks, service marks, logos and characters contained on or in the site (“Trade Marks”) are owned by us, our group companies or our third party partners. You cannot use, copy, edit, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of Aardman or our relevant group company or our relevant third party partner.

ACCESS TO AND AVAILABILITY OF OUR SITE

We do not guarantee that our site, or any content on it (including text, images, sounds, videos or interactive features like games), will always be available or be uninterrupted. We may suspend, withdraw, discontinue, change or restrict the availability of all or any part of our site without notice at any time for business and operational reasons. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

NO RELIANCE ON INFORMATION ON OUR SITE

The site is provided on an “as is” basis and the content on our site is provided for general information only. The content on our site is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

We may update our site from time to time, and may change the content displayed on our site at any time. Although we make reasonable efforts to check and update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete, up-to-date, fit for any particular purpose or compatible with any third party systems. To the fullest extent permitted by law, all such terms and warranties are hereby excluded and any use of the site or its content by you is done as your own risk.

VIRUSES

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your technology in order to access our site and you should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site 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 our site will cease immediately.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

LINKING TO OUR SITE

You may link to our site provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

We reserve the right to withdraw linking permission without notice.

THIRD PARTY LINKS AND RESOURCES IN OUR SITE

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources and we assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

ADVERTISING

We do not generally advertise third party products or services on our site. If any adverts do appear on our site then we accept no responsibility for the content of those adverts. If you agree to purchase goods and/or services from any third party who advertises on our site, you do so at your own risk. The advertiser, not Aardman, is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser.

BREACH OF THESE TERMS BY YOU

You must comply with these terms of use at all times when using the site. If we consider that you have breached these terms of use then we may take such action as we deem appropriate, including taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our site, including suspending or restricting your access to our site or certain parts of it.
  • Immediate, temporary or permanent removal of any content uploaded by you to our site.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

APPLICABLE LAW

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

CHANGES TO THESE TERMS

We may revise these terms of use at any time by amending this page.

Every time you visit our site, please check these terms to ensure you understand the terms that apply at that time as they are binding on you. No other variation to these Terms shall be effective unless in writing and signed by an authorised representative on behalf of Aardman.

These terms were last updated on 31 October 2018.

GENERAL

These terms of use (as amended from time to time) constitute the entire agreement between you and us concerning your use of the site and supersede any previous arrangement, agreement, undertaking or proposal, written or oral between you and us in relation to such matters.

If any provision(s) of these terms of use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the original intentions of the parties (as reflected in such provision(s)) and all other provisions shall remain in full force and effect.

If we fail to exercise or enforce any right or provision of these terms of use this shall not constitute a waiver by us of such right or provision unless acknowledged and agreed to by us in writing.

We may transfer our rights and obligations under these terms of use to another organisation, but this will not affect your rights or our obligations under these terms of use. If we do transfer our rights or obligations then we will notify you by updating these terms of use and, if relevant, posting applicable notices within the site. You may only transfer your rights or obligations under these terms of use to another person if we agree in writing.

Unless otherwise expressly stated, nothing in these terms of use shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you, us (Aardman Animations Limited) and any of our group companies.

CONTACT US

To contact us, please email us at: web.producer@aardman.com.

Thank you for visiting our site.

AARDBOILED – TERMS AND CONDITIONS FOR CONTENT SUBMISSION

The following AardBoiled terms and condition for content submission (the “Aardboiled Terms”) apply in addition to our general terms of use above (and all other terms and policies referred to therein).

The Aardboiled Terms apply to any and all content (“Submitted Content”) created and submitted by you (“you” or a “Contributor”) for review by our Panel (as defined below) for our AardBoiled YouTube channel (“AardBoiled”). All references to our site in these Aardboiled Terms should be read as including AardBoiled.

Please read these AardBoiled Terms carefully before you submit your Submitted Content to AardBoiled, as they will apply to any Submitted Content you contribute. We recommend that you print a copy of this for future reference.

By clicking “Accept” during the submission process, you confirm that you accept these AardBoiled Terms and that you agree to comply with them. If you do not agree to these AardBoiled Terms, you must not submit any Submitted Content to AardBoiled.

SUBMITTING CONTENT TO AARDBOILED

AardBoiled is a YouTube channel containing original user generated animated content submitted by various Contributors. Contributors may contribute Submitted Content for review for possible inclusion on AardBoiled via our site (aardman.com).

SUBMITTED CONTENT RELEASE
Any Submitted Content you submit via our site is reviewed by our panel of Aardman directors, producers, content creators and AardBoiled channel managers (our “Panel”) before they decide whether your Submitted Content is suitable for AardBoiled.

We will contact you following this process to confirm whether your Submitted Content has been approved by the Panel, and to provide you with a copy of our deal terms, before uploading your Submitted Content to AardBoiled. We may reject any Submitted Content without notice if, in our discretion, we consider that it does not comply with these terms of use or is otherwise inappropriate.

WARRANTIES
In relation to any Submitted Content you contribute, you represent and warrant that you have all rights necessary to grant the above licence and that such Submitted Content, and the provision and creation thereof, and the exhibition thereof through Aardboiled, does not and will not infringe or otherwise violate the intellectual property rights of any third party or any applicable laws or regulations.

We also have the right to disclose your identity to any third party who claims that any Submitted Content submitted by you and uploaded to AardBoiled constitutes a violation of their intellectual property rights, or of their right to privacy.

INDEMNITY
You will indemnify and hold harmless Aardman Animations Limited from and against any and all costs, damages, losses, liabilities, and expenses (including any regulatory fines, penalties and reasonable professional advisors’ fees and expenses), arising from or in connection with any claims, demands, actions, suits, or proceedings whether civil, criminal, administrative, or investigative (the “Claim(s)”) brought by any third party against us:

  1. as a result of a breach by you of these AardBoiled Terms; or
  2. alleging that your Submitted Content either (i) infringes the rights of a third party, or (ii) violates applicable laws or regulations.

We may employ our own legal counsel to represent us in respect of a Claim.

You shall have the right to settle any Claim provided, however, that to the extent that such settlement requires us to take or refrain from taking any action or otherwise purports to obligate us in any way, then you shall not settle such claim without our prior written consent.

SUBMITTED CONTENT STANDARDS
These content standards apply to any and all Submitted Content which you contribute. Submitted Content must not:

  1. contain any material which is defamatory;
  2. contain any material which is obscene, offensive, threatening, abusive, hateful or inflammatory;
  3. contain or promote sexually explicit material;
  4. promote violence;
  5. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  6. infringe any intellectual property rights of any third party;
  7. promote any illegal activity or unlawful act; or
  8. knowingly contain any viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful.

DISCLAIMER OF ENDORSEMENT
Although any Submitted Content submitted is reviewed by our Panel, this does not constitute or imply an endorsement by us. Any views and opinions expressed in the Submitted Content are those of the Contributor and do not necessarily state or reflect the views or opinions of Aardman. We cannot accept any responsibility or liability for any views expressed in any Submitted Content.

EDITING AND REMOVAL OF SUBMITTED CONTENT
We reserve the right, at our sole discretion and at any time, to edit any Submitted Content and to choose to include, not include or remove such Submitted Content from the AardBoiled service.

AVAILABILITY OF AARDBOILED
AardBoiled is hosted by YouTube and as such we cannot guarantee that AardBoiled, or any Submitted Content on it, will always be available or will be uninterrupted. We will not be liable to you or to any third party if for any reason AardBoiled is unavailable at any time for any period.

You are responsible for making all arrangements necessary for you to have access to AardBoiled.

THIRD PARTY SITES
By agreeing to these terms of use and authorising the use of your Submitted Content on AardBoiled, you also accept the terms and conditions of use of YouTube.

CONTACT US
To contact us in relation to AardBoiled, please email AardBoiled@aardman.com.

COMPETITONS

Signed Aardman: An Epic Journey: Taken One Frame at a Time Facebook competition terms and conditions

These terms and conditions relate to the Signed Aardman: An Epic Journey: Taken One Frame at a Time Facebook competition, November 2018

The promoter of this competition is Aardman Animations Limited, Gas Ferry Road, Bristol, BS1 6UN (“Aardman”).

This competition is open worldwide to fans aged thirteen (13) and over, except for employees of Aardman, their families or agents, or any third party directly associated with this competition. As per Facebook age restrictions, if you are under 13 please ask a parent or guardian to take part on your behalf.

Entry is limited to one entry per person. Multiple entries from a single person will not be accepted.

The competition is free to enter.

The competition is to win ONE signed copy of the Aardman: An Epic Journey: Taken One Frame at a Time, including free postage.

The competition opens at 12.00pm BST on 8th November 2018 and closes at 12.00pm BST on 10th November 2018 (the “Closing Date”). Entries received outside of these times will not be accepted.

To enter, entrants must like and comment on the relevant post on the AARDMAN Facebook page by the Closing Date – please ensure your comment says what Aardman means to you to win!

Aardman accepts no responsibility for entries that are not successfully submitted or received for any reason.

There will be ten (10) winners. The winners will be chosen at random from all entries properly submitted before the Closing Date. Subject to the below, the winner will receive the prize described above.

The winner(s) will be notified on the Facebook page and asked to email Aardman with their contact details to claim their prize. This should be done within a reasonable time after the Closing Date. If a winner does not respond to Aardman within a reasonable time (being at least fourteen (14) days) after being notified that they are a winner, then that winner’s prize will be forfeited and Aardman will be entitled to select another winner in accordance with the process described above.

The prize(s) will be sent to the winner(s) within twenty one (21) days of providing their contact details.

The prize for the winner is non-exchangeable, non-transferable and no cash alternative is offered. Aardman reserves the right to substitute a prize of equal or greater value should circumstances make this necessary.

Entries to the competition must not contain or comprise items, text or images which are in any way obscene, defamatory, libellous, discriminatory, hateful or violent (including inciting hatred or violence), unlawful in any way (including breaching the copyright or other rights of any third party), or otherwise offensive, upsetting or objectionable in any way. Entries should also not contain any pictures or videos of the person submitting the entry.

The decision of Aardman regarding any aspect of the competition is final and binding and no correspondence will be entered into about it.

Participants are deemed to have accepted and agreed to be bound by these terms and conditions upon entry. Aardman reserves the right to not accept entries that do not comply with these terms and conditions, or to refuse entry to, or to refuse to award the prize to, any person who is in breach of these terms and conditions.

Aardman reserves the right to hold void, cancel, suspend, or amend this competition where it becomes necessary to do so.

The winner’s first name may be posted on our websites and/or social media channels that relate to the competition. In addition, and in accordance with applicable competition rules (including the CAP code), the winner’s first name, surname and county can be obtained by sending an email to FANS@AARDMAN.COM within thirty (30) days after the Closing Date. Entrants acknowledge that if they are a winner then their first name may be displayed on websites and/or social media, and their first name, surname and county may be made available to individuals who request this information within the timeframe above. Further information about the CAP code is available at https://www.asa.org.uk/about-asa-and-cap.html

Personal data that you supply to us during the course of this competition will only be processed by us to help us run the competition and, if you are a winner, to contact you about your prize (including sending this to you through a postal service or courier) and share certain details about you with third parties as above. We will not use your personal data for any other purpose, including sharing it with third parties (besides postal services or couriers or as above), unless we have notified you of this separately in writing before doing so. We will only keep your personal data for as long we need it for these purposes and once we no longer need it we will delete it. As noted above, if you are under thirteen (13) please ask a parent or guardian to take part in this permission on your behalf. For further information about how we collect, store and use Personal Data, including our legal basis for processing your data and your rights in relation to any of your Personal Data that we are holding, see our privacy policy at https://www.aardman.com/privacy-policy/.

The competition will be governed by English law and entrants to the competition submit to the jurisdiction of the English courts.

If you have any questions about this competition, or about any other competitions we have run previously, please get in touch with us on FANS@AARDMAN.COM.

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