T&Cs

These terms and conditions will apply to your access and use of our website, uppcinema.com which is accessible free of charge. Use of our site includes accessing, browsing, or registering to use our site. By using our website, you accept that you will be bound to the terms and conditions of use in full. If you do not agree to any of these terms and conditions, you must not access, use and/or contribute to our website. If you have any questions about these terms and conditions, you can contact us using the details set out below.

About us

uppcinema.com is a site operated by the Ultimate Picture Palace. We are registered in England and Wales under company number 6917902, and have our registered business address at Jeune Street, Oxford, OX4 1BN.

Contact the Ultimate Picture Palace about these Terms and Conditions

Ultimate Picture Palace
Jeune Street
Oxford
OX4 1BN
Email: [email protected]

Changes to these Terms and Conditions

The Ultimate Picture Palace may change these terms from time to time so we recommend that you check them regularly. We will always state at the bottom of these terms the date on which they were last updated and/or amended. Your continued use of uppcinema.com will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using this website.

License to use uppcinema.com

You agree to use uppcinema.com only for lawful purposes and in a considerate and responsible way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of uppcinema.com. Prohibited behaviour includes:

• Using the website for any purpose that is against the law, harassing or causing distress or inconvenience to any person.
• Transmitting defamatory, libellous, racist, obscene, pornographic, indecent or offensive or menacing content which could cause anxiety to anyone else.
• Using the website in any way that may cause interruption or damage to the online services or renders them impaired or less efficient.
• Using the website in any way that could cause damage or disruption to another user’s computer.
• Using the website to transmit or upload computer viruses or other harmful files or programmes.
• Collecting data about other users.
• Transmitting or sending unsolicited commercial communications such as junk mail or spam.

Until you are 18 years old, by using our online services, you certify that a parent and/or legal guardian has consented to your use and agree to these terms on your behalf.

Intellectual Property

All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on uppcinema.com and all content (including all applications) located on the site shall remain vested in the Ultimate Picture Palace or its licensors (which includes other users). You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use modernartoxford.org.uk content in any way except for your own personal, non-commercial use. In certain prescribed circumstances, you may adapt, alter or create a derivative work from any modernartoxford.org.uk content for your own personal, non-commercial use, with the prior written permission of the Ultimate Picture Palace, which will be indicated against the relevant uppcinema.com content.

The names, images and logos identifying the Ultimate Picture Palace or third parties and their products and services are subject to copyright, design rights and trademarks of the Ultimate Picture Palace and/or third parties. Nothing contained in these terms shall be construed as conferring any licence or right to use any trademark, design right or copyright of the Ultimate Picture Palace or any other third party.

Privacy, Security and Cookie Notice

The Ultimate Picture Palace complies with all applicable UK and EU data protection legislation in force in respect of any personal information you submit to us. The personal details you submit to us will only be used for the specified purposes indicated to you and will not be passed onto unauthorised third parties without your explicit consent. You can contact us to amend or remove any information you submit to us, or ask us to remove all of your personal information. Our Privacy Policy [LINK] provides further information on your legal rights and how to exercise these.

If you have any questions about this information, please contact the Data Protection Officer by emailing: [email protected]

Third-Party Websites

Our website may contain links to other third-party websites that are not owned or controlled by the Ultimate Picture Palace. These links are provided for your convenience of access. If you use those links you will leave the Ultimate Picture Palace’s online services and you visit any linked site at your own risk. The Ultimate Picture Palace is not responsible for any content, products or services available on any other websites.

Disclaimers and Limitation Liability

Any links to third-party websites from uppcinema.com do not amount to any endorsement of that site by the Ultimate Picture Palace and any use of that site by you is at your own risk.

The Ultimate Picture Palace’s content, including the information, names, images, pictures, logos and icons regarding or relating to the Ultimate Picture Palace, its products and services (or to third party products and services), is provided “as is’ and on an ‘as available’ basis. To the extent permitted by law, the Ultimate Picture Palace excludes all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. The Ultimate Picture Palace does not guarantee the completeness or performance of the website or any of the content. While we try to ensure that all content provided by the Ultimate Picture Palace is correct at the time of publication no responsibility is accepted by or on behalf of the Ultimate Picture Palace for any errors, omissions or inaccurate content on the website.

Nothing in these terms limits or excludes the Ultimate Picture Palace’s liability for death or personal injury caused by its proven negligence. Subject to the previous sentence, the Ultimate Picture Palace shall not be liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of uppcinema.com regardless of the form of action.

The Ultimate Picture Palace does not warrant that functions available on uppcinema.com will be uninterrupted or error-free, that defects will be corrected, or that uppcinema.com or the server that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

General

If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.

The failure or delay of the Ultimate Picture Palace to exercise or enforce any right in these terms does not waive the Ultimate Picture Palace’s right to enforce that right.

These terms shall be governed by and interpreted in accordance with English law and you agree with the Ultimate Picture Palace to submit to the exclusive jurisdiction of the English courts.

COPYRIGHT, PERMISSIONS AND PHOTOGRAPHY

Please note that the intellectual property rights in all content comprising or contained within this website address (URL) is owned by the Ultimate Picture Palace, and other copyright owners as specified. Please note that the intellectual property rights in all content comprising or contained within this website address (URL) is owned by the Ultimate Picture Palace, and other copyright owners as specified.

The contents of this website are published for your enjoyment. You may freely access and store the majority of the website’s contents on a temporary basis for the purposes of personal or private viewing, interaction or listening.

You might not be able to legally download or copy certain works in your country. It is your responsibility to ensure that your local law permits you to do this.

Reproducing content from the Ultimate Picture Palace’s website

Website content that is the Ultimate Picture Palace’s copyright may be reproduced for the non-commercial purposes of research, private study, criticism and review, or for limited circulation within an educational establishment (such as a school, college or university).

The following uses of the Ultimate Picture Palace’s copyright content are also permitted, except where other terms apply:

• Reproducing the Ultimate Picture Palace’s copyright content for non-commercial research, private study, criticism and review, or for the purposes of teaching and instruction within an educational establishment.
• Reproducing Ultimate Picture Palace copyright content for the purposes of an educational examination, by a recognised UK exam authority.
• Downloading Ultimate Picture Palace copyright audio and video content for non-commercial offline listening or viewing.
• Downloading and printing of Ultimate Picture Palace copyright learning content, and whiteboard resources, for non-commercial educational use.
• Embedding links to Ultimate Picture Palace audio and video content, where embedding is offered.
• Embedding or loading Ultimate Picture Palace news feeds (RSS).

However, the following acts are not permitted in respect of any of the content featured on the Ultimate Picture Palace’s website:

• Reproduction of website content for commercial purposes, or any rental, leasing or lending of content obtained or derived from the website.
• Any use of the Ultimate Picture Palace logo, brand identities or Ultimate Picture Palace trademarks without prior consent from the Ultimate Picture Palace.
• Any considerable public dissemination, display or hosting of website content via any third-party platforms, including without limitation, the substantial or repeated extraction and/or storage of the Ultimate Picture Palace website content in any retrieval system, or inclusion in any other computer program or work.
• Reproduction of the Ultimate Picture Palace website content on any social media platforms, except where other terms allow.
• Inaccurate or distorted reproductions, colour treatments, alterations or adaptations of website content, except where other terms allow.
• Publication of any unauthorised translations or transcriptions of website content, except where other terms allow.
• False attribution of authorial or copyright credits, and the removal of any Ultimate Picture Palace metadata from digital file formats.
• Unauthorised text/data mining of website content and metadata.

Non-Commercial Use

The Ultimate Picture Palace would usually regard the following uses of Ultimate Picture Palace imagery as non-commercial activity:

• Use in free educational lectures and classes;
• Use on an individual or group’s website discussing the artwork in question;
• Use on websites that are primarily information-led, research-oriented and obviously non-commercial in nature, for example Wikipedia;
• Use on personal social media accounts, provided the individual is not promoting themselves commercially.

Statutory exceptions to copyright also apply in certain situations. It is the user’s responsibility to satisfy themselves that an exception (such as fair dealing criticism and review, quotation, or reporting a current event) applies.

Commercial Use

Creative Commons defines commercial use as “reproducing a work in any manner that is primarily intended for or directed toward commercial advantage or monetary compensation”.

As well as obviously commercial activities such as merchandise production, use of Ultimate Picture Palace images editorially in films and on TV, in publications that are sold, in advertisements and commercial promotions, the Ultimate Picture Palace would usually regard the following uses of Ultimate Picture Palace imagery as commercial activity:

• Use online or in print by commercial organisations, including (for the avoidance of doubt) trading arms of charities;
• Use on an individual’s website in such a way that adds value to their business, or for promotional purposes, or where offering a service to third parties;
• Use of images by university presses in publications online or in print;
• Use in publicity and promotional material connected with commercial events;
• Unsolicited use of images by news media, including front covers and centre-page spreads;
• Use in compilations of past examination papers;
• Use by commercial galleries and auction houses.

Ultimate Picture Palace actively develops agreements with copyright holders and other licensing agents for the images and videos they use to represent the films on show. Whilst these agreements enable the Ultimate Picture Palace to market the films on offer, the permissions do not extend to any other party, unless specified.

Please note that the further reproduction of content made available by the Ultimate Picture Palace may constitute an infringement of copyright. It is therefore your responsibility to investigate and obtain permission from copyright holders or their agents before publishing such content.

LEGAL NOTICE

If you are a rights holder and are concerned that you have found material on this website for which you have not granted permission (or is not covered by a copyright exception under the UK Copyright, Designs and Patents Act 1988) please contact the Ultimate Picture Palace in writing stating the following:

• Your contact details
• The full details of the material’s creator
• The exact and full web address (URL) where you found the material
• Proof that you are the rights holder and a statement that, under penalty of perjury, you are the rights holder or are an authorised representative.