1. About our Terms
1.1. These Terms explain how your Organisation may host BFI Replay, which is provided to you free of charge - on your fixed computer terminals, mobile devices (including tablets and laptops) and users’ devices via secure Wi-Fi.
1.2. Your Organisation should read these Terms carefully before registering to host BFI Replay.
1.3. By registering to host BFI Replay, your Organisation agrees to be bound by these Terms and the documents referred to in them.
1.4. If you do not agree with or accept any of these Terms: you should not register with BFI Replay; if you already host BFI Replay, you should remove any links to BFI Replay immediately.
1.5. To register to host BFI Replay, use the Portal for Access Management, which is a web application provided by BFI. To update your Organisation’s details, including its public IP addresses, with the BFI, please refer to your account and your Organisation records on Portal for Access Management
1.6. Definitions
- Content means any text, images, video, audio or other multimedia Content, software or other information or material on BFI Replay;
- Terms means these terms and conditions of use as updated from time to time under clause 1.1;
- BFI Replay has the meaning given to it in clause 1.1;
- We, us or our means the British Film Institute, a registered charity (number 287780) incorporated under Royal Charter whose registered office is at 21 Stephen Street, London W1T 1LN; and
- Organisation, you or your means the legal entity hosting BFI Replay or its Content.
- Library user or user means the people accessing or using BFI Replay or its Content.
2. Using BFI Replay
2.1. BFI Replay Content can be viewed only in public or walk-in libraries. Your Organisation must represent a public or walk-in library.
2.2. BFI Replay is for the user’s personal and non-commercial use only.
2.3. We seek to make BFI Replay as accessible as possible. We may prevent or suspend your Organisation’s access to BFI Replay if it does not comply with any part of these Terms, any terms or policies to which they refer or any applicable law. We may also prevent or suspend access if users do not comply with any part of their terms of use or any applicable law.
3. Ownership, use, and intellectual property rights
3.1. BFI Replay and all intellectual property rights contained within it including but not limited to any Content are owned by us, our licensors or both. Intellectual property rights mean rights such as copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.
3.2. Nothing in these Terms grants your Organisation any legal rights in BFI Replay other than as necessary to enable users to access BFI Replay for personal viewing. You agree not to adjust to try to circumvent or delete any notices contained on BFI Replay (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within BFI Replay.
3.3. Digital photography, filming or copying of any kind from the Content on-screen is not permitted.
3.4. Viewing BFI Replay Content outside of a public library premises is not permitted.
3.5.
3.5.1. To host BFI Replay, your Organisation should use all reasonable endeavours to ensure that the security of BFI Replay and its Content are protected:
3.5.2. Users may view BFI Replay Content only on devices permitted by your Organisation - that is, those that provide online access within public library premises only, through secure public IP addresses.
This can include:
- Your Organisation’s public fixed computer terminals - using a public IP address used only on your public library/or BFI designated and approved archive premises.
- Your Organisation’s fixed learning computer terminals, when used for personal study - using a public IP address used only on your public library/or BFI designated and approved archive premise.
- Any other devices used for personal viewing or study - using a public IP address used only on your public library/or BFI designated and approved archive premise.
- Your users’ mobile, tablet, and laptop devices - using a public IP address used only on your public library/or BFI designated and approved archive premise.
3.5.3. Your Organisation must register with up-to-date public IP addresses for any library devices that will host BFI Replay:
- Your Organisation must update the BFI with any public IP address changes, as soon as is reasonably possible - at https://pam.bfi.org.uk/
- Your Organisation should use all reasonable endeavours to ensure that the security of its public IP addresses and library only Wi-Fi networks are protected.
3.5.4. Your Organisation should use all reasonable endeavours to ensure that the security of its software and hardware used to host BFI Replay are protected - and that its Content cannot be copied or downloaded.
3.6. BFI Replay is licensed only for your users’ personal viewing.
4. Accuracy of information and availability of BFI Replay
4.1. While we try to make sure that BFI Replay is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that BFI Replay will be fit or suitable for any purpose. Any reliance that you may place on the information on this BFI Replay is at your own risk.
4.2. We may suspend or terminate operation of BFI Replay at any time as we see fit.
4.3. Content is provided for your general information purposes only and to inform you about us and our products and services that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
4.4. While we try to make sure that BFI Replay is available for your users, we do not promise that BFI Replay is available at all times nor do we promise the uninterrupted use by users of BFI Replay.
5. Limitation on our liability
Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury or fraud), we exclude ourselves from all other legal liability.
6. Fair Use Policy
Any time limits on using BFI Replay, as part of wider library rules, are set by your Organisation.
7. Events beyond our control
7.1. We shall have no liability to Your Organisation for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; a breakdown of systems or network access; or flood, fire, explosion or accident.
8. Rights of third parties
No one other than a party to these Terms has any right to enforce any of these Terms.
9. Variation
These Terms are dated 3rd of November 2022. No changes to these Terms by you are valid or have any effect unless agreed by us in writing. We reserve the right to vary these Terms from time to time. Our updated terms will be displayed on the BFI Replay application and by continuing to use and access BFI Replay following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
10. Jurisdiction
These Terms and any dispute or claim arising out of or in connection with them (including any dispute or claim relating to non-contractual obligations) shall be governed by and construed in accordance with the laws of England and Wales. The courts of England shall have exclusive jurisdiction to settle any dispute or matter arising out of or in connection with these Terms (including any non-contractual disputes or claims).