Terms & Conditions of Website Use
ITV Commercial (a division of ITV Broadcasting Limited) a company registered in England and Wales (registered number 955957 and VAT registration number 197 0041 67) with registered office at 2 Waterhouse Square, Holborn, London, United Kingdom, EC1N 2AE and/or our affiliated companies (“we”, “our”, “us”, or “ITV”) operates the ITV Media website at http://www.itvmedia.co.uk (the “Site”).
ITV Broadcasting Limited is registered on the Data Protection Public Register. Our Data Protection Registration Number is Z7219056. To find out more information about the Data Protection Register, visit the Information Commissioner's Office website available here.
Use of this Site constitutes your acceptance of these Terms which take effect on the date on which you first use the Site, so please read these Terms carefully before using the Site. Please note that we update these Terms from time to time, so please review them regularly. Your continued use of this Site after changes are posted constitutes your acceptance of these Terms as modified by the posted changes. Where you are using this Site on behalf of a business, you confirm that you have the right, power, and authority to enter into these Terms on behalf of the company or other legal entity you represent, and to bind such organisation to these Terms and any other terms that apply to the use of this Site, including, but not limited to, the Policies (as defined below) and/or any specific usage rules that may be posted in relation to any material and content that you access via the Site. If you do not agree to these Terms (whether acting on your own behalf or on behalf of anyone else) you must stop use of this Site immediately.
Your use of our Site
You agree to use this Site only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of, this Site by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within this Site. In particular, you agree that you will not (and that you will not permit or assist any third party):
reverse engineer, de-compile, disassemble, copy, reproduce, communicate and/or make available to the public, republish, download, post, record, broadcast or transmit or use our Site in any other way (or any part thereof, including, but not limited to, any content or software code), except as permitted by us and/or in connection with genuine (in our sole opinion) pursuit of commercial opportunities with ITV;
use our Site in any way that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity, or cause distress, harm or inconvenience to any other person;
use our Site to in any way infringe the privacy or other rights of other users of the Services;
charge (whether directly or indirectly) others to use all or any part of the Site;
commercialise or attempt to commercialise all or any part of the Site;
permit or assist in any way any third party to use the material or content made available by ITV via the Site in an unlawful manner or in a manner which could infringe the rights of, or restrict or inhibit the use and enjoyment of the Site by, any third party;
utilise ‘plugins’ or any application(s), software or associated tool(s) which change the content of the Site;
do anything that may cause damage to the Site or our servers, systems or equipment or those of third parties, nor access or attempt to access any users' data;
do anything that subjects the Site or us to any derogatory treatment or brings (or might bring) the Site, any programmes on ITV channels or us into disrepute;
misuse or do anything that disrupts all or any part of the Site, including, but not limited to, knowingly introducing software viruses, trojans, worms or other material that may be technologically harmful;
penetrate, remove or otherwise alter or interfere with any security measures that we use to protect the material and content made available via our Site, or attempt to do so or assist any other person in doing or attempting to do so; or
state, suggest or in any way give the impression that you are our agent.
You hereby indemnify us in respect of any damages, losses, costs and expenses suffered by us as a result of any claim made by a third party relating to: (a) your use of the Site in breach of these Terms (or any other applicable terms); or (b) your violation of any applicable law or regulation when using the Site.
Your Use of ITV First Look
The Site offers the opportunity for us to promote commercial opportunities around our programming, channels and platforms by making programme information and clips that relate to our programme schedule (“Content”) available for registered users to view on the ITV First Look page (“ITV First Look”).
Access to ITV Frist Look is only available to registered individuals who are based in the United Kingdom and are acting on behalf of a media agency and/or advertisers, and in each instance, access is granted at our sole discretion. We reserve the right to suspend, restrict or terminate your access to ITV First Look at any time at our sole discretion.
If you are granted access to ITV First Look, in addition to the other obligations set out these Terms, you agree: (i) you will not share your registered login details to ITV First Look with anyone else; (ii) you will only use ITV First Look for the purposes of reviewing and pursuing potential commercial opportunities with ITV for yourself or on behalf of your client(s); and (iii) you will not copy, download, lend, hire, broadcast, stream, capture, reproduce, archive, share, distribute, modify, translate, display, transmit any Content or make Content available to the public.
Accessing our Site
We cannot promise that the Site will be free from errors or omissions nor that it will be available uninterrupted and in a fully operating condition or free from viruses, bugs or other harmful components. You should use your own anti-virus checks and software. Not all of the features and functionality of the Site will be available on all devices.
Any commentary, views, opinions or other material within the content that we may make available from time to time via our Site is for informational and/or illustrative purposes only.
You understand and accept that the hardware you use to access our Site may require certain software in order for the Site to work correctly and it is your sole responsibility to ensure that you have the required software before accessing the Site. You may also be required to obtain certain updates and/or upgrades to your hardware in order to use the Site. You are solely responsible for any costs and/or fees associated with any such updates/upgrades to any hardware or software.
Access to the Site (or any part of it) may be suspended, restricted or terminated by ITV (in its sole discretion) at any time without notice for any reason including, without limitation, in the case of system failure, maintenance or repair due to events reasonably beyond our control. We will not be liable to you or to any other person in the event that all or any part of the Site is unavailable, discontinued, modified or changed in any way.
Our responsibility for loss or damage suffered by you
This Site and the information, names, images, pictures, clips, logos and icons regarding or relating to us and/or our products and services (or to third party products and services) are provided 'AS IS' and on an 'AS AVAILABLE' basis. We therefore exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it and we will not be liable to you for any loss or damage, whether in contract, tort (including without limitation negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: (a) use of, or inability to use, our Site; or (b) use of or reliance on any content displayed on our Site.
We will not be liable for any of the following losses or damages (whether such losses were foreseen, foreseeable, known or otherwise): loss of data, loss of revenue or anticipated profits, loss of sales or business, business interruption, loss of anticipated savings, loss of business opportunity, loss of goodwill or reputational damage, losses suffered by third parties, any indirect or consequential loss, or special or exemplary damage.
ITV’s maximum aggregate liability to you, whether in contract, tort (including, without limitation, negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms shall not exceed an amount equal to fifty pounds sterling (£50).
Nothing in these Terms shall limit our liability for death or personal injury resulting from our negligence or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or other liability which cannot be excluded or limited under applicable law.
Material on our Site
All copyright, trade marks (including, without limitation, any names, images and logos identifying us or third parties and their products or services), design rights, patents and other intellectual property rights (whether registered or unregistered) and all material or content made available via the Site are and will remain at all times the property of us (or our licensors or third parties).
Nothing contained in these Terms grants you a licence or a right to use any copyright, trade marks, design rights, patents or other intellectual property right owned or controlled by us, our licensors or any third party and may not be copied, reproduced, republished, downloaded, posted, adapted, altered, broadcast or transmitted in any way, except to the limited extent necessary to use the Site in accordance with these Terms. Any other use requires our prior written permission.
You must not modify the paper or digital copies of any materials you have printed or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
Linking to and from our Site
You may link to the home page of the Site (and not any other pages) from your website provided that you do so in a way that is fair, legal and does not take advantage of or damage our reputation. Any such link must not suggest or in any way give the impression that we have approved or endorsed such link. We reserve the right to withdraw this linking permission at any time without notice at our sole and absolute discretion.
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only and we do not endorse the material in those sites or resources. We have no control over the contents of those sites or resources and are not responsible for those links or those sites.
Other important legal terms
These Terms only apply to your use of the Site and any commercial opportunities that you may have access to via the Site may be subject to a separate set of Trading Terms and Conditions available here.
ITV may assign, novate or subcontract any or all of its rights and obligations under these Terms at any time. You may not assign, transfer, sub-license or otherwise dispose of your rights under these Terms, without our prior written approval.
If any provision or part-provision of these Terms should be determined to be illegal, invalid or otherwise unenforceable by a court or regulator, then it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this paragraph shall not affect the validity and enforceability of the rest of these Terms.
If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.
These Terms govern the relationship between you and us and do not create or infer any rights that are enforceable by any person who is not a party to them.
These Terms are not intended to be for the benefit of, and shall not be enforceable by any person, other than you and ITV, under the Contract (Rights of Third Parties) Act 1999 or otherwise.
Governing law and jurisdiction
These Terms are available in English only and shall be governed by and construed in accordance with the laws of England and Wales.
Both ITV and you irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or its subject matter or formation (including, without limitation, non-contractual disputes or claims).
You can email us with any questions, queries or complaints at firstname.lastname@example.org.