Terms & Conditions

TERMS AND CONDITIONS FOR USERS OF WARNER BROS. STUDIOS LEAVESDEN ASSET LIBRARY – TRADE, EDUCATION, PRESS AND CREATIVE

Please read these Terms of Use carefully before using this asset library.

By using this asset library, the Warner Bros. Studios Leavesden Asset Library (the “Library”) you agree to abide by these terms and conditions (“Terms of Use”). If you do not agree with the Terms of Use you are not permitted to use the Library. Warner Bros. Studios Leavesden Limited (“WBSL”), part of the Warner group of companies, including Warner Bros. Entertainment Inc, a wholly owned subsidiary of Time Warner Inc, and Warner Bros. Entertainment UK Limited (collectively “Warner Group”), reserves the right, in its sole discretion, to modify, alter or otherwise change the Terms of Use at any time, therefore, any time you enter this Library make sure to check this Terms of Use Agreement for any updates.

About the Library

The Library is owned and controlled by WBSL and operated by WBSL with the assistance of WTF Creative (“WTF”) and is a secured web Library for registrants authorized by WBSL and/or WTF (“Users”) to use in order to view, download and/or otherwise utilize certain creative, publicity and marketing materials which the Warner Group owns and/or controls (collectively, “Content”) to promote Warner Bros. Studio Tour London – The Making of Harry Potter (“Studio Tour”). Users have the non-exclusive right to use Content subject to the restrictions on use set forth in these Terms of Use, within the terms of any trade partnership agreement with WBSL and/or the Warner Group, any marketing agent agreement or individual consent and any other restrictions communicated by WBSL and/or WTF in the territory or territories for which WBSL and/or WTF have granted the User access to the Library and Content (“Territory”).

Use of Content

The Content and other Information (as defined below) made available on the Library may be used by you only for the promotion of the Studio Tour, or as otherwise agreed in advance and in writing by WBSL and/or WTF as set forth in this Terms of Use and/or any related WBSL or WTF consent. You agree to comply with the Terms of Use and all policies, restrictions and procedures posted by WBSL and /or WTF on the Library from time to time regarding the use, publication, posting and/or dissemination of such Content. Unless agreed otherwise in writing in advance by WBSL and/or WTF, if you are granted use of the Library by WBSL/WTF, you must observe (and ensure that everyone within your organization who has use of the Library is aware of and observes) (a) any specific requirements set out on the Library in relation to any particular Content; and (b) the following:

You may only use the Library and/or Content for the purpose of (i) including the Content in marketing material promoting the Studio Tour in the Territory, (ii) as otherwise expressly agreed in writing and in advance by WBSL;

The Content may not be communicated to the public or otherwise published without the prior written approval of WBSL, requiring you to submit all elements of any promotional material to WBSL at submissions@wbstudiotour.co.uk in advance of any proposed communication to the public or publishing. Subsequently, the Content shall not be exploited or transferred to any third party without WBSL’s prior written approval.

Content must only be used during the period for which it is available on the Library. The Content must be stored safely to prevent unauthorized use, access or copying during this time and then destroyed or returned to WBSL on WBSL’s and/or WTF’s request.

Any use of the Content must include all logos, symbols, credits, artwork, copyright notices and/or other wording requested by WBSL or by WTF on WBSL’s behalf and/or included with the Content on the Library.

The Content may not be altered, resequenced, reordered, decompiled, edited or modified in any way (including, without limitation, by altering any encryption, or any burnt-in/embedded warnings or watermarks, whether visible or invisible, and however located, encoded or displayed). You must first obtain written permission and approval from WBSL for any changes to the Content.

The Content, or any elements thereof, may not be used to create new works of any kind or nature, including, without limitation, those which are derivative of the Content without prior written approval from WBSL in each case

All rights not expressly granted to you are reserved exclusively to, as relevant, WBSL and/or the Warner Group and you agree not to use any Content in any way not authorized. You further acknowledge and agree that Warner Group owns and retains all right, title and interest in each and every copy of the Content made by you or on your behalf.

Use of Harry Potter Content

For all use of Content and/or Information relating to Harry Potter, please note that the following additional terms and conditions also apply:

Any use of the Content and other Information must include all logos, symbols or wording requested by Warner and the following copyright notice:

TM and © Warner Bros. Entertainment Inc

Harry Potter Publishing Rights © J.K.R.

(Please ensure that the copyright notice appears exactly as set out above with no alteration to the line breaks)

J.K. Rowling, the author of the Harry Potter books, has retained most print publishing rights. You are not authorised to: (a) publish, conduct a live reading from, create a stage performance of or reproduce any of the text from the Harry Potter books; (b) create, publish or otherwise communicate to the public new characters, dialogue, storylines or other new material based on the Harry Potter books; or (c) use the Harry Potter books in association with the Content and/or Information in any way.

The Content and/or Information shall not to be used for other purposes, including, without limitation (a) in connection with any advertisement, competition, contest, lottery, prize draw, quiz, trivia game, promotion, event, organisation (including that organisation’s logo), product, services; or (b) in any publication, website or microsite that is primarily devoted to or themed around Harry Potter or the Harry Potter films.

Contact Information

Should you require assistance from WBSL and/or WTF, such as with your Account Information (as defined below) or Registration Information (as defined below), with instructions on how to use the Library or with any questions about whether your proposed use of the Content is permitted under these Terms of Use, please contact WBSL and/or WTF at the following dedicated email address: submissions@wbstudiotour.co.uk.

Registration

In order to use the Library, you must first provide the registration information required to complete the registration request on the registration request page or as provided to you in paper form by WBSL/ WTF (respectively “Registration Information” and “Registration Request”), and WBSL and/or WTF must approve your Registration Request. WBSL and/or WTF, on behalf of WBSL, reserve the right at any time, at their discretion, and without notice, to deny access to the Library or any part thereof, not to approve the Registration Request or to rescind a previously approved Registration Request. You agree, at all times, to: (a) provide current, complete, true and accurate Registration Information; (b) maintain and update your Registration Information as required to keep it current, complete and accurate; and (c) provide additional information about you and your organization which is pertinent to your use of the Library and the Content thereon, as may be requested by WBSL from time to time.

User Ids/Passwords

WBSL and/or WTF acting on behalf of WBSL reserve the right to require you to periodically change your user identification and password or to require you to comply with additional or different access and authentication requirements. You agree to exercise reasonable care and control to maintain the security of your user identification and password and account with WBSL (collectively, “Account Information“). You shall not disclose your Account Information to anyone else, and you shall not use anyone else’s Account Information, even if WBSL/ WTF has granted such person or someone from his or her organization access to the Library. You agree to notify us immediately about any unauthorized use of your Account Information and/or the Content, any breach of security, such as for example only, someone stealing your Account Information, someone gaining unauthorized access to the Library by using your Account Information and/or someone hacking into the Library through a security breach affecting your computer, network, hardware and/or software.

Privacy

In part to optimize web pages for each User’s computer, and thereby to provide an enhanced online experience, certain non-personal information concerning visitor activity, including downloads by visitors to WBSL’s web Library, will be recorded through the standard operation of WTF’s Internet servers. E-mail addresses and other personally identifiable data about visitors to this Library are known to WBSL and/or WTF only when voluntarily submitted by visitors.

Personally identifiable information that may be collected in connection with Users’ registration on and use of the Library is retained by WBSL and/or WTF solely for the purpose of operation of the Library or for the purposes for which you provided it. Generally, we will process your personal information when considering your application for access to and use of the Library, when processing and managing your use of the Library and downloading Content from the Library, when processing your requests and otherwise managing your account, when reviewing your feedback, if any, and when responding to your enquiries.

Any personal information that we collect is stored on servers located in the European Union. Where your personal data is transferred to or accessed from outside of the European Union, we will take reasonable steps to ensure that necessary measures are in place to ensure that your personal information is adequately protected. Where you provide personal information relating to another individual (for instance where you provide contact details for another individual) please ensure you have obtained consent of the relevant individual before submitting their personal data to us. WBSL shall not transfer any personally identifiable information relating to Users outside of the Warner Group.

Security and Hacking

You shall not violate or attempt to violate or authorize anyone else to violate or attempt to violate the security of the Library or to disrupt or interrupt the operation or interactivity of the Library. Violations of the foregoing may result in civil or criminal liability. You are solely responsible for the security of your communications to the Library.

Intellectual Property Rights and Restrictions

The Library and all materials on the Library (including but not limited to, the Content and other information, such as text, images, graphics, icons, illustrations, photographs, designs and logos) (“Information”) are subject to copyright, registered and unregistered trademarks, service marks and/or other intellectual property or proprietary rights (collectively, “Intellectual Property Rights“), and all such Intellectual Property Rights are owned and/or controlled by the Warner Group and/or affiliated companies, or by other parties that have licensed their material to the Warner Group and/or affiliated companies. Use of the Intellectual Property in this Library for any purpose other than as permitted under this Terms of Use is strictly prohibited. The Content may not otherwise be modified, copied, reproduced, published, republished, uploaded, posted, transmitted, retransmitted, distributed, sold or publicly exhibited, in whole or in part, in any manner without the prior written authorisation of the Warner Group in each case. The compilation of all Content on this Library is the exclusive property of the Warner Group and you acknowledge and agree that you do not acquire any ownership rights by virtue of accessing and/or downloading any Content or Information from the Library and that all rights not expressly granted hereunder are expressly reserved to the Warner Group. Without limitation to the foregoing, the use of any Content or any other web Library and/or networked computer environment is prohibited.

Submissions by You

To the extent that you submit any emails, notes, messages, postings, ideas, suggestions, concepts, documents, tables, diagrams, synopsis, artwork, images or other materials (collectively, “Submissions“), such Submissions shall be deemed irrevocable gifts to WBSL and shall become the property of WBSL, and WBSL shall, subject to any intellectual property rights or contractual obligations of which you advise WBSL in writing with the Submission, be exclusively entitled to use and exploit the Submissions (without payment to, consideration for, or liability to the individual or entity responsible for the Submissions) throughout the universe in perpetuity or for the duration of legal protection, as applicable, in all media, markets and languages, and in any manner, for any purpose, and through any methods or means now known or hereafter devised.

You hereby represent and warrant that: (i) you hold all the necessary rights, licenses, consents and permissions required to make any and all Submissions that you submit; (ii) any and all Submissions that you submit do not violate, breach or infringe any laws, regulations or codes or otherwise infringe anyone’s legal rights (including, but not limited to, those of confidentiality, defamation, libel, personality, publicity, privacy and intellectual property).

Publicity and Confidentiality

Users shall in no event make, cause or authorize the disclosure, by any means and/or media, of any news stories, public announcements, public communications, public references, advertisements, claims of endorsement, or trade references relating directly or indirectly to the Library and/or the Content except as expressly permitted pursuant to this Terms of Use, trade partnership agreement, marketing agent agreement with WBSL and/or the Warner Group, or consent or any Other Agreements (as defined below).

Termination

Without limiting any of WBSL’s other rights herein to control access to and use of the Library, either you or WBSL may terminate this agreement without notice for any reason at any time. WBSL may and will terminate your access to, and use of, the Library immediately, if, in its sole discretion, WBSL believes that your conduct fails to conform to these Terms of Use. WBSL reserves the right to investigate suspected violations of these Terms of Use.

Warranty Disclaimer

YOU ACKNOWLEDGE THAT YOU ARE A “PROFESSIONAL” AND NOT A “NON-PROFESSIONAL” OR A “CONSUMER” FOR THE PURPOSES OF APPLICABLE LAW.

YOU USE THE LIBRARY, THE CONTENT, THE INFORMATION SOLELY AT YOUR OWN RISK. Notwithstanding anything to the contrary, THE CONTENT, THE LIBRARY, THE INFORMATION, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION OR COMPATIBILITY. WBSL DOES NOT WARRANT THAT THE LIBRARY, THE CONTENT, ANY SOFTWARE, INFORMATION, OR ANY PART THEREOF, WILL BE AVAILABLE, COMPATIBLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, THAT ERRORS OR DEFECTS IN THEM WILL BE DISCOVERED OR CORRECTED, OR that THEY ARE free of viruses or other harmful components. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

WBSL DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE LIBRARY, THE CONTENT, THE INFORMATION REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF WBSL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Jurisdictional Issues

You and WBSL each agree that the substantive laws of England and Wales will govern with respect to all matters relating to or arising out of this Terms of Use, or the use (or inability to use) the Library, and that such laws will apply without regard to principles of conflict of laws. You and WBSL agree and hereby submit to the exclusive jurisdiction of the Courts of England.

WBSL does not warrant or represent that the Library complies, in whole or in part, with any foreign laws, if and to the extent that foreign laws are applicable. Those who choose to access the Library from locations outside of the United Kingdom do so at their own risk, and WBSL disclaims all liability associated with such access.

Severability

Should any of the terms and conditions herein be held invalid, that invalid provision shall be construed to be consistent with the applicable law, and in a manner so as to remain consistent with the original intent of WBSL. Provisions not otherwise held invalid shall remain in force and effect.

Other Agreements

If you are currently a party to, or become a party to, another agreement with WBSL that governs your access to and use of any of the Content and Information available on or through the Library, including any trade partnership agreement, the terms of that agreement will supersede this Terms of Use to the extent inconsistent.