Terms and Conditions for use of this Clip Archive system
If you have any questions about them or do not wish to accept them, please contact us. If you do not accept these terms and conditions, please do not continue to use this website.
Information about us
We are BFBS - a registered charity set up to entertain and inform Britain's Armed Forces around the world: BFBS, Chalfont Grove, Narcot Lane, Gerrards Cross, Buckinghamshire, SL9 8TN. The activities carried out by BFBS include BFBS Radio & Television – operated on behalf of the MOD - BFBS Creative, Forces TV and the BFBS Live Events
Charity Registered in England No. 233480, Company Limited by Guarantee. Registered in England No. 407270
You can contact us by email [email protected] or by telephone on 01494 874 461
The website to which these terms and conditions apply and for which we are responsible is https://modal.bfbs.com
Your use of this website and our intellectual property rights
We have made this website available to you for your use only in connection with your work at the MOD or as a Broadcaster or Producer. We may modify, withdraw or deny access to items on this website at any time. The functionality of this website is only accessible if you register with us. Registration is available to MOD users, Broadcasters and Producers. Private individuals or organisations may be granted restricted access..
This website and all the materials contained in it are protected by intellectual property rights, including copyright, and either belong to us and/or are licensed to us to use. Clips or sequences which belong to BFBS or Forces TV can be used by approved MOD users on the terms set out below. Clips or sequences must not be copied, sent, shared with or passed on to any third party including external broadcasters, agencies or production Companies without our written permission. Sequences which may belong to other broadcasters, agencies or production companies may not be used by any users external to SSVC and will normally be flagged in the metadata information. Clips and Sequences which are Crown Copyright and published by the Ministry of Defence or by the Forces Welfare Media Team are available to MOD users to exploit under relevant Crown Copyright agreements. For the avoidance of doubt, Crown Copyright exists in the content and not in the physical media or file copy held on this system.
The existence of a clip or sequence does not imply the clip is automatically cleared for use by you or that any person featured in the clip has given their consent for their image or sound to be used beyond the context of its original use. It is your responsibility to obtain any further consents appropriate for the use you intend to make of the clip.
If you post information/comments on to this website and as a result, we incur some liability or cost which is/was caused in whole or in part by the information or comments you posted (because for example, what you post is defamatory, illegal or infringes someone else's rights), you agree that you will reimburse us any such liability or cost that we suffer.
You may download or print materials from this website for your own personal or internal use or copy the content to other individuals in the same organisation for similar use provided that:
BFBS or Forces TV material is acknowledged by the watermark incorporated into the video clips and in any end credits no materials are posted to file sharing websites and the person to whom you are providing these materials is made aware of these restrictions and is bound by these terms and conditions
Uploading your clips to this website
Subject to the permissions granted to you as a user, you may be entitled to upload media to this website to share with the same user group you belong to. In doing so, you agree only to upload media you are authorised to share via this website. You agree to add all relevant metadata information and will use best endeavours to ensure the accuracy of such information and identify the copyright owner and any other rights or limitations which may apply. We shall not be liable in any way for media that you upload and we do not monitor or scrutinise it. The amount of media you upload may be limited in line with our Fair Use Policy.
Your use of ‘Collections’
Collections are convenient workplaces that have been created for professional use. These features allow you to select, manage, store, sort and download your clips while working on a production or project. We cannot guarantee that data in your collection will be saved, and from time to time it is likely that old Collections will be cleared out to manage server storage.
Offline storage of clips and Fair Use Policy
Our Fair Use Policy allows you to download and store the media clips temporarily on your local device or secure network solely for the purpose of working with the clips on the relevant project or piece of work. When you have finished your project or piece of work you are expected to delete any downloaded clips from your local storage (but you may keep a the finished piece of work which includes any downloaded clips). You should not download and store clips which are not being used on an active project. You may not download and store clips in order to create what amounts to a separate media library or store the clips on any other searchable digital asset management system or copy the metadata for such purposes. You may not copy clips to private systems, hold copies indefinitely on memory sticks, other data storage media or upload to cloud storage systems other than in connection with the project or piece of work the clips are required for . You are responsible for ensuring the security of any clips downloaded by you and stored on systems outside our direct control and may be liable for any loss incurred by us as a result of negligence.
This website clip archive system is designed to support a finite number of users, to store a finite amount of media and permit downloads and uploads at reasonable data transfer speeds. Excessive use of the system may impair its performance and therefore we operate a Fair Use Policy which allows us to limit or deny access to the system to any user who appears to us to be using the system beyond what we consider reasonable. We would do this only to protect the system performance for other users or where we believe these Terms and Conditions are being breached. All user interactions including media downloads and uploads are recorded and logged.
Our liability to you when you use this website
These terms and conditions do not exclude our liability (if any) to you for:
• personal injury or death resulting from our negligence;
• any matter which it would be illegal for us to exclude or to attempt to exclude our liability.
We do not guarantee that this website will be compatible with all or any hardware, software or security systems which you may use. We do not guarantee that this website will be available all the time or at any specific time. We reserve the right to modify this website and its content at any time. The internet is not under our control and your ability to use this website will depend on the resilience of the internet and the components and connections by which you access the website.
We are only liable to you for losses which you suffer as a result of a breach of these terms and conditions by us. Any implied warranties or conditions are fully excluded. We are not responsible to you for any losses which you may incur which were not a foreseeable consequence of us breaching these terms and conditions, for example if you and we could not have contemplated those losses before or when you access this website. Our liability to you shall not in any circumstances include any business losses that you may incur, including but not limited to lost data (including without limitation in relation to your use of a collection), lost profits or business interruption.
Information on this website
The information contained on this website is given for general information and interest purposes only. Whilst we try and ensure the information contained on the website is accurate and up to date, we cannot be responsible for any inaccuracies in the information. In particular neither BFBS nor any BFBS licensors make any warranty or representation as to the accuracy of any such information (such as "shot lists" or programme information) and neither accepts any liability (other than non-excludable liabilities) in connection with any information which is incorrect. As a result, you should not rely on this information, and we recommend that you take further advice or seek further guidance before taking any action based on the information contained on this website. Our liability to you as explained above remains unaffected by this.
Governing Law and Jurisdiction
The formation, existence, construction, performance, validity and all aspects whatsoever of these terms and conditions or of any term of these terms and conditions will be governed by the law of England and Wales.
The English and Welsh courts will have non-exclusive jurisdiction to settle any disputes which may arise out of or in connection with these terms and conditions or use of the website.