This document sets out the terms (the Terms) on which we allow you to access video clips (each referred to in these Terms as the Clip) of ITV programmes (each referred to in these Terms as the Programme) for use by you on your website, TV or radio broadcast channel and/or app (the Licensed Media).
We are bound by various obligations to third parties ourselves, so please familiarise yourself with these Terms and email firstname.lastname@example.org if you need any further help.
We reserve the right to modify these Terms at any time and any changes will be posted on this webpage. It is your responsibility to check these Terms each time you wish to use a Clip.
Please do not use any Clip if you do not agree with the Terms current at the time you wish to use it.
Permission to use Clip: ITV hereby grants you the right to use the Clip on the Licensed Media throughout the United Kingdom (the Territory) during the Licence Period (as defined below) for the sole purpose of publicity, promotion and preview/review of the Programme subject to these Terms. This right is non-exclusive and does not confer on you any copyright or other proprietary rights in the Clip or the Programme, all of which are reserved to ITV. This right is personal to you and you may not deal with, transfer or sub-licence the right under any circumstances.
Licence Period: the date on which you first use the Clip (which will be no longer than 30 days before the first transmission of the Programme on any ITV channel and/or www.itv.com) until 30 days after the first transmission of Programme on any ITV channel and/or www.itv.com. After this time, you must cease use of the Clip and remove the Clip from your website and broadcast archive.
Geoblocking: the Clip must be geoblocked to audiences in the Territory.
Credit: you must credit the name of the Programme, channel, transmission time and date (if available) when using the Clip.
No commercial purpose: you must not: (i) place advertising or sponsorship in, around or in close proximity to the Clip; (ii) charge any third party to access the Clip; (iii) use the Clip to secure advertising or sponsorship; or (iv) use the Clip for any other commercial purpose.
No third party use/download: you must not: (i) allow third parties to use the Clip or download the Clip from your website and/or app; (ii) provide embed codes or the option to share the Clip outside your own website and/or app. You must disable the options to display embed codes and share the Clip.
No freeze frame: you must not produce freeze frame digital stills from any part of the Clip, other than for the purposes of clicking on it to activate the Clip.
No editing: you must not edit, modify, crop, alter or cut the duration of the Clip or remove or obscure any copyright notice, trademark or logo that appears in the Clip.
Additional restrictions: you must comply with any additional conditions or restrictions which are notified to you by ITV in relation to the Clip and which are hereby incorporated into these Terms.
Withdrawal of permission: ITV reserve the right to monitor your use of the Clip and withdraw your access to or use of the Clip at any time for any reason at our sole discretion and without prejudice to any of our rights and remedies under these Terms or otherwise at law.
Your Warranties: you warrant and represent that:
a) you will only use the Clip in accordance with these Terms;
b) you have the power and capacity to agree these Terms and where you are acting on behalf of your employer or another third party you have the requisite authority to agree these Terms on their behalf;
c) you will not use or permit the use of the Clip or any other content provided by ITV in a way which does not reflect a fair and true representation of the original context and/or the Programme or in a manner which might be defamatory to any person or body or which is likely to bring ITV into disrepute, including (but not limited to) by displaying the Clip on Licensed Media containing inappropriate content; and
d) you will obtain and pay for all necessary consents, clearances and licences from any individuals, copyright owners, collecting societies and/or other any other organisations and rights’ holders as appropriate (including, but not limited to, in relation to music in the Clip) and provide ITV upon request with valid copies of all such consents, clearances and licences.
Indemnity: you agree to indemnify and keep indemnified ITV, its subsidiaries, affiliates, officers, agents, employees and suppliers from and against any and all claims, damages, losses, expenses, costs and liabilities (including legal fees) relating to or arising from your use of the Clip.
Disclaimers and limitation on liability: the Clip is provided on an "as is" and "as available" basis without any representation, endorsement or warranty of any kind. ITV disclaims any implied or statutory warranties (including, but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy) in relation to the Clip to the maximum extent permitted by law. You acknowledge that your use of the Clip is at your own discretion and your own risk. ITV will not be liable for any loss or damage which you may suffer as a result of or connected to your use of the Clip. These exclusions do not apply to death or personal injury caused by ITV's negligence and only apply to the extent permitted by law.
Complaints: you must promptly inform us in writing by email if you receive any complaint or claim in relation to the Clip and shall promptly provide details of such complaint or claim to us. You shall immediately cease to use or alter your use of the Clip in accordance with any notice from us.
Entire agreement: these Terms set out the entire agreement between ITV and you in relation to your use of the Clip and may only be amended or waived by ITV. No waiver by ITV of any failure by you to comply with or perform a provision of these Terms shall be deemed to be a waiver of any preceding or succeeding failure. In the event that any of the provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
Governing law: this agreement (and any non-contractual obligations arising out of it) shall be governed by and construed in accordance with the laws of England and Wales and subject to the exclusive jurisdiction of the English courts.