British Board of Film Classification

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Terms and conditions

BRITISH BOARD OF FILM CLASSIFICATION

VIDEO AND DIGITAL SUBMISSIONS

 TERMS AND CONDITIONS

DEFINITIONS


1. The following words and expressions shall have the following meanings:

“BBFC”

the British Board of Film Classification;

“BBFC’s Digital Service”

the service provided by the BBFC in respect of Digital Classifications and previously known as BBFC.online;

“BBFC Insight”

classification information issued by the BBFC concerning a Work;

“BBFC Website”

BBFC’s Website at www.bbfc.co.uk;

“Classification Category Symbols”

the BBFC’s classification symbols representing the U, PG, 12,15, 18 and R18 classifications as set below:

“Customer”

the company, person or distributor dealing with the BBFC and includes Licensees and non-Licensees;

“Digital Classification”

the classification awarded by the BBFC to a Digital Work (namely the age ratings U, PG, 12, 15, 18 and R18) for distribution by digital delivery through download, streaming or similar and includes a Digital Only Classification

“Digital Licence”

the Licence set out in Schedule 1;

“Digital Only Classification”

a Digital Classification where no Video Classification is required;

“Electronic Black Card” (EBC)

the optional electronic audio visual file supplied by the BBFC to Licensees for placement at the beginning of Digital Works;

“Extranet”

that part of the BBFC Website where Customers may, among other things, submit Works, accept Classifications, resolve technical issues, access previous submission information and access or download the BBFC Insight, and for Licensees only to access the data to enable them to create or download an EBC, the Interactive Symbol and Link etc;

“Interactive Symbol”

as defined in the Digital Licence;

“Licensed Materials”

as defined in the Digital Licence;

“Licensee”

An online retailer or digital distribution channel provider of Digital Works who has agreed to comply with the Digital Licence for use of the BBFC’s Licensed Materials as part of the BBFC’s Digital Service;

“VRA”

the Video Recordings Act 1984;

“Video Classification”

a BBFC classification of a Video Work (namely the age ratings U, PG, 12, 15, 18 and R18) issued under the VRA;

 “Video Works”

 the same meaning as ‘Video Works’ under the Video Recordings Act 1984;

“Work”

a Video Work and/or a Digital Work as the context requires.

Section A: General

This section applies to all Customers, whether or not they are Licensees.

2. The Customer acknowledges and agrees by submitting a Work to the BBFC that:

a. it will adhere to these Terms and Conditions, the Digital Licence (if the Customer is a Licensee) and all such practice guidelines (which shall include all practice guidelines and instructions set out on the BBFC Website) that may be issued by the BBFC from time to time. All such practice guidelines shall be deemed to be incorporated into and form part of these Terms and Conditions (such practice guidelines will normally be issued with thirty days’ notice).

b. the clauses contained in these Conditions which exclude, limit or modify the liability of the BBFC, its Director, officers and servants are reasonable;

c. it is a condition of the BBFC’s agreement to provide services for the Customer that there shall be prepayment according to the BBFC’s published tariff of fees (except where otherwise agreed at the BBFC’s sole discretion);

d. fees are non-refundable, in whole or in part, for any work carried out by the BBFC and the Customer shall remain liable for the full amount. The Customer shall pay all value added tax at the rate prescribed by law.

Section B: Classification Procedure – Video and Digital Works

This section applies to all Customers, whether or not they are Licensees.

3. The Customer similarly further acknowledges, undertakes and agrees that:

a. any Work entrusted to the BBFC will not be the master or sole copy of the work and will be retained by the BBFC in all cases;

b. the Work or other recording submitted to the BBFC for examination and classification will in normal circumstances be continuous and will not include any gaps;

c. any time-coding superimposed onto the Work will commence at the first frame of sound or visual information, whichever is first, and will end with the last frame of sound or visual information, whichever is last, and such time-coding will not extend through sections of the Work which are not intended to be reproduced on the release version when this is classified;

d. no Work will be accepted unless accompanied or preceded by a completed online submission form;

e. the decision as to the BBFC’s proposed classification and any conditions on which that classification will be issued, or alternatively its decision not to classify, will be conveyed to the Customer by the BBFC as soon as is reasonably practicable and will not be unreasonably delayed;

f. there may be occasions where the BBFC in its absolute discretion deems that the nature of the Work entails a longer processing period than usual and no action, claim or demand shall lie against the BBFC in respect thereof;

g. the BBFC is not bound to reach any particular decision as to classification and may at its discretion decide that the Work is not suitable for a Video or Digital Classification to be issued in respect of it;

h. the BBFC shall notify the Customer whether or not it considers a Work is suitable for classification and, if it considers the Work is suitable, a category will be offered for the Work together with BBFC Insight (as appropriate).

i. In the case of Video Works:

(i) the receipt of the offer of a category allows the Customer to appeal, within 42 days of receipt of the offer, against the decision (see Video Appeals Committee Provisions). If the Customer does not wish to appeal, the Customer must accept the category via the Extranet. The relevant provisions relating to requests for reconsideration and appeals under the VRA are set out on the BBFC’s Website;

(ii) upon receipt of the Customer’s acceptance of the category the BBFC shall issue a Video Classification Certificate of the category indicated to the Customer. Works submitted by Customers who are in the voluntary Video Packaging Review Committee scheme will receive the Video Classification Certificate once the corresponding packaging artwork has also been submitted and approved;

(iii) if a Customer has not:

accepted a category,

made prior arrangements to keep the work on hold;

or appealed against it

within 42 days of receipt of the offer of the category then the category shall be deemed to have been accepted by the Customer, and the category will be published by the BBFC on its Website shortly thereafter;

(iv) Video Classifications may only be used to describe Video Works and not Digital Works;

j. In the case of Digital Works:

the Digital Classification will be made available at the same time that the Video Classification category was offered to the Customer;

An optional Electronic Black Card can be made available on request.

the procedure for Digital Only Classifications is set out in clause 5(a) to (g) below;

for the avoidance of doubt, Digital Classifications and Classification Category Symbols may only be used by Licensees and only in accordance with the relevant provisions of these Terms and Conditions and the Digital Licence. No Customer may grant any rights to a third party to use a Digital Classification or the Licensed Materials;

k. where a Video Work or a Digital Work is being marketed (but not sold) in advance of a release date, it is acceptable for a BBFC “TBC” caption to be used (available on the BBFC’s website). This must be replaced with the official Classification Category Symbol before the Work is distributed;

l. the BBFC will process with due diligence works submitted for classification and shall advise Customers on current turnaround times, the progress of individual applications and the anticipated completion timetable upon reasonable request from Customers from time to time;

m. should the BBFC advise that cuts be made to achieve a particular classification, the BBFC will retain in its archive the version of the Work originally submitted for classification. The Customer may then resubmit an edited further copy of the Work (retaining a duplicate) for examination. If the cut version is awarded a classification the Customer will be informed. The version as approved will also be retained in the BBFC’s archive;

n. under the terms of the VRA it is necessary for the BBFC to retain in its archive a copy of the classified version of Video Works subject to the VRA. The BBFC may (but it is not required to) retain in its archive copies of Digital Works with Digital Only Classifications;

o. Customers must ensure that the content of any Video Work supplied by that Customer (or on its behalf) to the public is identical to that Video Work awarded the VRA Classification. The Digital Licence applies in respect of Digital Classifications.

p. a Video Classification or Digital Classification certificate issued in respect of a Work which contains images of such short duration that they are unlikely to register when viewing at normal speed may be withdrawn if the images throw into question the category awarded and were not drawn to the attention of the BBFC at time of submission;

q. any liability of the BBFC for any loss of, or damage to, the Work whilst in the BBFC’s keeping for purposes of classification shall be limited to the replacement value of the recording medium, together with the cost of transferring to it from a master copy the necessary audio-visual information;

r. the Customer is in a better position than the BBFC to insure the Customer’s work and operations against loss, damage or delay arising out of any goods being left in the keeping of the BBFC or their being transported to or from the BBFC’s premises, and the BBFC shall not therefore be under any obligation to take out such insurance;

s. the Customer shall use all reasonable endeavours to ensure that no virus or similar is uploaded by the Customer to the BBFC Website and shall be responsible for any loss or damage caused to the BBFC as a result of a breach of this clause;
any Video Work or Digital Work submitted to the BBFC for classification together with all associated material may only be used by the BBFC for educational, training, research or archive purposes save where otherwise required by statute or regulation;
Customers should be aware that additional guidelines and rules relating to the BBFC’s classification procedure and usage guidelines appear on the BBFC’s website and such guidelines and rules shall be deemed to be incorporated into these Terms and Conditions.

Section C: Digital Classification

This section applies to all Customers.

4. A Digital Classification will automatically be awarded in respect of a Video Work which has successfully received a Video Classification.

Digital Only Classification (“Watch and Rate”)

5.

a. Customers may apply for a Digital Only Classification where a Video Classification is not required (e.g. the Work will only be distributed online).

b. Customers should apply for a Digital Only Classification via the Extranet.

c. Digital Only Works will be classified under current BBFC published guidelines for submissions available at www.bbfc.co.uk.

d. The BBFC will notify the Customer whether or not it considers the Work is suitable for classification and, if it considers the Work is suitable, a category will be offered for the Work together with BBFC Insight (as appropriate).

e. If a Customer disputes the category offered for a Work it may, within 42 days of receipt of the offer, request the BBFC to reconsider its decision under the BBFC’s reconsideration policy which is available on the BBFC’s Website. Appeals under the Video Appeals Committee Provisions 2012 are not available for Digital Only Classifications. If the Customer does not wish to dispute the category the Customer must accept the category via the Extranet.

f. An optional Electronic Black Card can be made available on request.

g. If a Customer has not accepted a category and has not made a request for reconsideration within 42 days of receipt of the offer of the category, then the category will be deemed to have been accepted by the Customer, and the category will be published by the BBFC on its Website shortly thereafter.

All Online Classifications

h. Only Licensees are permitted to use Digital Classifications and the Licensed Materials and must do so in accordance with those parts of the Terms and Conditions relevant to such use and the Digital Licence. No Customer may grant any rights to a third party to use a Digital Classification or the Licensed Materials.

i. Acceptance of a Licensee as a Licensee shall be at the sole discretion of the BBFC.

j. Where a Licensee wishes to distribute electronically a work in a different aspect ratio to that of the Digital Work which obtained the original Digital Classification then provided that the content is identical to the original work in all other respects, and provided that such aspect ratio change would not lead to a variation in classification, and provided that the ratio change results in no increase in visible picture, the aspect ratio change will not cause the work to be treated as a new work for the purposes of the Digital Classification.

Section D: Terms applying to Licensees for use of Digital Classifications

6. Licensees may apply for Digital Classifications (where a Customer has not already done so) and may use all current Digital Classifications in respect of Digital Works for which the Licensee has digital distribution rights and other Licensed Materials in accordance with the Digital Licence.

7. A Customer may apply to be a Licensee by submitting a BBFC Digital Service Licensee Application Form.

8. Licensees agree to adhere to and be bound by the terms of the Digital Licence set out in Schedule 1 which governs the use by Licensees of the Licensed Materials.

9. Licensees may access electronic data required to create and display the Licensed Materials referred to and in accordance with the Digital Licence through the Extranet but only in respect of Works for which an Digital Classification has been granted and in relation to which that Licensee has digital distribution rights.

Section E: General Terms applicable to all Customers

Transfer and Assignment

10. A Customer who has been granted a Digital Classification or (for Licensees) rights to use a Digital Classification shall not be entitled to transfer, assign, sub-licence, subcontract or dispose of any interest, right or obligation in respect of:

a. Digital Classification;

b. its rights under these Terms and Conditions and/or the Digital Licence (for Licensees) (save as expressly set out therein).

11. Change of Distributor: No rights to use Digital Classifications or Classification Category Symbols are transferred by virtue of a change in distribution rights of any classified Work. If BBFC gives consent to the transfer of the right to use a Digital Classification or Classification Category Symbols to another Customer then the BBFC reserves the right to charge a fee in respect of this.

Publicity

12. Customers will have permission to use certain promotional materials for advertising and marketing purposes pursuant to and as set out in practice guidelines issued by BBFC from time to time.

13. All marketing content (including pack shots) must meet the presentation and information standards set out in practice guidelines issued by BBFC from time to time.

14. Use by the Customer of any promotional material and marketing content pursuant to clause 12 and 13 shall include a clear acknowledgement of the copyright and other intellectual property rights of the BBFC.

15. The BBFC shall be entitled to make public the names of any and all Customers.

16. No statement, note or record of proceedings of meetings, seminars or training sessions may be passed to any third party without permission of the BBFC.

Liability

17. The BBFC shall have no liability to a Customer in respect of the grant or failure to grant any Digital Classification or Video Classification, provided such grant or failure to grant is made according to the BBFC guidelines and these Terms and Conditions.

18. The BBFC shall have no liability for any loss or damage incurred by any Customer or third party as a consequence of any advice or any recommendations provided by the BBFC at the request of a Customer.

19. All warranties, terms and conditions, whether implied or arising under statute or common law, custom, trade usage or course of dealing between the parties or otherwise, shall be excluded to the fullest extent permitted by law.

20. The BBFC’s liability to a Customer and a Customer’s liability to the BBFC shall be limited to exclude altogether liability, howsoever arising, for damage to software, damage to or loss of data, loss of profits or contracts, loss of business or of anticipated savings, loss of goodwill, loss of reputation and for any other type of indirect, incidental or consequential loss or damage.

21. The BBFC’s maximum aggregate liability to a Customer and a Customer’s maximum aggregate liability to the BBFC in each case in respect of claims based on events in any calendar year arising out of or in connection with the grant of Video and/or Digital Classifications and/or the BBFC’s Digital Service (including the Digital Licence) whether in contract or tort (including negligence or otherwise) shall not exceed £100,000.

22. Nothing in these Terms and Conditions shall operate to exclude or limit the BBFC’s or a Customer’s liability for:

a. death or personal injury caused by its negligence; or

b. fraud; or

c. any other liability which cannot be excluded or limited under applicable law.

23. Each Customer shall at all times keep the BBFC, its officers and servants effectively indemnified against all actions, proceedings, costs, charges, claims, expenses and demands whatsoever which may be made or brought against the BBFC, its officers or servants by any third party in respect of any alleged injury, loss, damage or expense arising out of or in connection with a breach of these Terms and Conditions, or any practice guidelines by that Customer.

24. Where at the request of the Customer, the BBFC supplies the services of an officer, examiner, technician or other person to the Customer, such officer or other person shall, for the purposes of any liabilities to third parties or loss or damage sustained by the Customer or by the BBFC, be deemed to be the servant of the Customer, and the BBFC shall not be liable for loss or damage of any kind, however caused.

Use of the BBFC’s Intellectual Property

25. Where a Video Classification is issued in respect of a Video Work, the use of such certificate, Classification Category Symbol and BBFC Insight is granted solely for use in the identification, labelling and distribution of the classified Work in the form of a Video Work as required by statute. Customers should be aware that the Classification Category Symbols are Registered Community Design Marks in the European Union and UK Trade Marks. Where a Digital Classification is issued in respect of Work the use of such certificate and other Licenced Materials is granted to Licensees solely as set out in the Digital Licence. All Customers must also comply with usage guidelines issued by the BBFC from time to time.

26. Customers must not use such certificates, Classification Category Symbols, information and labelling to promote, identify or otherwise represent that any work has been granted BBFC certification for electronic distribution by streaming, downloading or similar, unless a Digital Classification has been granted and such use is by a Licensee and in accordance with these Terms and Conditions and the Digital Licence.

Section F: Fees

27. This Section applies to all Customers.

28. The fees payable for classification of Video Works and Digital Works are set out on the BBFC Website. The BBFC reserves the right to vary its classification fees at any time on 30 days’ notice, such notification to be given on BBFC’s Website.

29. Notwithstanding clause 28 above, a further classification fee will be payable:

a. for the whole of the Work in the event of a major remake or alteration after the BBFC’s classification decision has been notified to the Customer, or

b. for the part of the Work where a minor amendment has been made after the BBFC’s classification decision has been notified to the Customer, or

c. where changes have been made to a Work following a cuts request that significantly differ from those required by the BBFC.

30. Except where otherwise agreed at the BBFC’s sole discretion, all classification fees must be paid in advance. BBFC operates a prepayment system for all works submitted. Customers may operate on a pro forma invoice basis, or send money on account, which is run down as works are received and topped up as necessary.

31. If any fees are not paid on the due date for payment interest shall be payable on the outstanding amount from the due date until the date of actual payment (whether before or after any judgement) at the rate of 3% above the base rate of Barclays Bank plc from time to time, such simple interest to accrue on a day to day basis.

32. All fees are exclusive of VAT and other applicable sales taxes which, if applicable, shall be payable in addition.

Section G: General Terms applicable to all Customers

Time not of the Essence

33. Time is not of the essence in any contract with the Customer, and the BBFC shall not be liable for any delays in the supply of materials and services by it or any losses whatsoever due to any such delays, howsoever caused.

Force Majeure

The definition in this clause applies in these Terms and Conditions.

“Force Majeure Event”

any event arising that is beyond the reasonable control of the affected party (including any industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, civil riot, act of terrorism or war).

35. Where the BBFC or a Customer becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay to perform its obligations under these Terms and Conditions it shall forthwith notify the other and shall inform the other of the period for which it is estimated that such failure or delay shall continue. The affected party shall take reasonable steps to mitigate the effect of the Force Majeure Event.

36. The parties accept no responsibility for breaches of these Terms and Conditions occurring as a result of a Force Majeure Event.

Confidentiality

37. The definition in this clause applies in these Terms and Conditions.

“Confidential Information”

  1. all information, whether technical or commercial (including all specifications, drawings and designs disclosed in writing, on disc, orally or by inspection of documents or pursuant to discussions between the parties), where the information is:
  2. identified at the time of disclosure as confidential; or
  3. ought reasonably to be considered confidential given the nature of the information or the circumstances of disclosure.

38. Each party shall protect the Confidential Information of the other party against unauthorised disclosure by using the same degree of care as it takes to preserve and safeguard its own confidential information of a similar nature, being at least a reasonable degree of care.

39. Confidential Information may be disclosed by the receiving party to its employees, affiliates and professional advisers, provided that the recipient is bound in writing to maintain the confidentiality of the Confidential Information received.

40. The obligations set out in this clause shall not apply to Confidential Information which the receiving party can demonstrate:

is or has become publicly known other than through breach of this clause; or

was in possession of the receiving party prior to disclosure by the other party; or

was received by the receiving party from an independent third party who has full right of disclosure; or

was independently developed by the receiving party; or

was required to be disclosed by a governmental authority, provided that the party subject to such requirement to disclose gives the other prompt written notice of the requirement.

41. The obligations of confidentiality in this clause shall not be affected by the expiry or termination of the BBFC’s Digital Service or the expiry or termination of the Customer’s relationship with the BBFC.

42. The BBFC shall be entitled to disclose information as is necessary for the efficient operation of the BBFC’s Digital Service, which shall include disclosure:

to the public, of details of all works which have received a Digital Classification;

to Licensees, where a work to which they hold digital distribution rights has not yet received a Digital Classification, of information regarding the status of those works.

Assignment

43. No Customer may assign, transfer, sub-licence, sub-contract or dispose of any of its rights or obligations under these Terms and Conditions without the prior written consent of the BBFC, such consent not to be unreasonably withheld or delayed. The BBFC may assign, transfer, sub-licence or sub-contract its rights and obligations under these Terms and Conditions without consent, provided that it gives advance notice to the Customers.

44. A Customer who has been granted a Video Classification or rights to use a Video Classification shall not be entitled to transfer, sub-licence, sub-contract or dispose of any right, interest or obligation in respect of that Video Classification and/or the relevant Classification Category Symbol without the prior written consent of the BBFC, such consent not to be unreasonably withheld.

Waiver

45. Any failure or delay by the BBFC to exercise or enforce any right conferred by these Terms and Conditions shall not be deemed to be a waiver of such right.

Entire Agreement

46. These Terms and Conditions and any BBFC practice guidelines (including practice and instructions set out on the BBFC Website) represent the entire agreement between the BBFC and each Customer concerning the subject matter of these Terms and Conditions, and supersede all prior purchase orders, written terms and conditions, written or verbal representations, advertising or statements relating in any way to the subject matter of these Terms and Conditions and any BBFC practice guidelines.

47. Each Customer acknowledges that in agreeing to these Terms and Conditions it has not relied on any representation, warranty, undertaking, promise or other assurance (whether contractual or otherwise) given by or on behalf of the BBFC except those set out in these Terms and Conditions and waives all rights and remedies, which, but for this clause might be available to it in respect of such representation, warranty or other assurance, provided that nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.

Severability

48. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of law of competent jurisdiction, such a finding shall not affect the other provisions of these Terms and Conditions and all provisions of these Terms and Conditions unaffected by such a finding shall remain in full force and effect.

49. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted or modified, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

Variations

50. These Terms and Conditions may only be varied in writing by means of variation signed in writing by the BBFC. The BBFC reserves the right to make changes to these Terms and Conditions, by giving Customers 6 weeks’ notice, such notification to be made on the BBFC Website.

Relationship

51. Nothing in these Terms and Conditions shall constitute, or be deemed to constitute, a partnership between the BBFC and any of its Customers nor shall it constitute, or be deemed to constitute, any Customer as the agent of the BBFC for any purpose.

52. Nothing in these Terms and Conditions or otherwise gives any Customer any rights of ownership in the BBFC’s Digital Service, the Classification Category Symbols or the Licensed Material which shall remain the sole property of the BBFC and any goodwill derived from the use thereof shall accrue to the BBFC.

Third Party Rights

53. These Terms and Conditions are made solely for the benefit of the BBFC and the Customers and are not intended to benefit, or be enforceable by, any other person.

54. The right of the parties to terminate rescind or agree any amendment, variation, waiver or settlement under these Terms and Conditions is not subject to the consent of any person who is not a party.

Communications

55. BBFC shall be entitled to assume that any signature or other communication (including electronic communications and submissions made via the BBFC Website) from a Customer has been fully authorised by that Customer.

Notices

56. Save where otherwise expressly stated in these Terms and Conditions, a notice given under these Terms and Conditions:

shall be in writing in the English language (or be accompanied by a properly prepared translation into English);

shall be sent:

In the case of the BBFC:

Address: 3 Soho Square, London W1D 3HD

Fax: 020 7440 0291

If in relation to the BBFC’s Digital Service matters:

For the attention of: the BBFC’s Digital Service Chief Digital Officer

Email: digital@bbfc.co.uk

If in relation to Video Classifications/non-Licensees:

For the attention of: BBFC Information Services Manager

Email: helpline@bbfc.co.uk

or such other address as the BBFC may specify for this purpose on its website.

In the case of Customers:

In the case of a Customer which is a Licensee, for the attention of the person, and to the address, fax number or e-mail address given by them in their application to become a Licensee, or in the case of other Customers such other person, address, fax number or e-mail address as the Customer may have notified to the BBFC in the course of dealings with the BBFC;

c. shall be:

delivered personally; or

sent by fax or e-mail; or

sent by pre-paid first class post, recorded delivery or registered post; or

(if the notice is to be served by post outside the country from which it is sent) sent by registered airmail.

57. A notice is deemed to have been received:

if delivered personally, at the time of delivery; or

in the case of fax or e-mail, at the time of transmission, provided a confirmatory copy is sent by pre-paid first-class post or by personal delivery before the end of the next business day; or

in the case of pre-paid first class post, recorded delivery or registered post, 48 hours from the date of posting; or

in the case of registered airmail, five days from the date of posting; or

if deemed receipt under the previous paragraphs of this clause is not within business hours (meaning 9.00 am to 5.30 pm Monday to Friday on a day that is not a public holiday in the place of receipt), when business next starts in the place of receipt.

58. To prove service, it is sufficient to prove that the notice was transmitted by fax to the correct fax number or e-mail address of the relevant party or, in the case of post, that the envelope containing the notice was properly addressed and posted.

Governing Law And Jurisdiction

59. These Terms and Conditions will be governed by and construed in accordance with English law and the Customers irrevocably agree that the English courts shall have jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms and Conditions and the Customers irrevocably submit to such jurisdiction

60. Each Customer irrevocably waives any objection which it may have now or in the future to the courts of England being nominated for the purpose of this clause on the ground of venue or otherwise and agrees not to claim that any such court is not a convenient or appropriate forum.

61. Any Customer who is not established in England for the purpose of service of proceedings shall appoint, and notify to the BBFC on applying to become a Customer, a person being a partner in a firm of solicitors in England to accept service of all legal process arising out of or connected with these rules and the online licence and service on such person (or any substitute subsequently notified to the BBFC) shall be deemed to be service such Customer. Except upon such a substitution any such Customer shall not revoke any such authority or appointment and shall at all times maintain an agent for service of process in England and if any such agent ceases for any reason to be an agent for this purpose shall forthwith appoint another agent and advise the BBFC accordingly.

 

 

 

Theatrical Classification

PART ONE

DEFINITIONS

    1. In these Conditions:
      1. the term “BBFC” or “us” or “we” refers to the British Board of Film Classification whose registered office is 3 Soho Square, London W1D 3HD (company registration number is [company registration number and place of registration];
      2. the term “you” refers to the company, person or distributor dealing with the BBFC;
      3. the term “the film” refers to the film, trailer, advertisement or other media that has been submitted by you to the BBFC for classification.

      GENERAL

    2. You acknowledge and agree by placing the film with the BBFC that:
      1. this is a business transaction to which the normal rules of business apply;
      2. the clauses contained in these Conditions which exclude, limit or modify the liability of the BBFC, its Director, officers and servants are reasonable;
      3. the value of the film and other items which may be entrusted to the BBFC by you and the degree of work for which you obtains the services of the BBFC will vary considerably and may be disproportionate to the BBFC’s fees which cannot, for this reason, be varied;
      4. it is a condition of the BBFC’s agreement to provide services to you that in the case of the classification of the film there shall be prepayment according to the BBFC’s published tariff of fees.
    3. Where at your request the BBFC supplies the services of an officer, examiner, technician or other person to you, such officer or other person shall, for the purposes of any liabilities to third parties or loss or damage sustained by you or by the BBFC, be deemed to be your servant, and the BBFC shall not be liable for loss or damage of any kind, however caused.
    4. Time is not of the essence in any contract with you, and the BBFC shall not be liable for any delays in the supply of materials and services by it or any losses whatsoever due to any such delays, howsoever caused.
    5. You shall at all times keep the BBFC, its officers and servants effectively indemnified against all actions, proceedings, costs, charges, claims, expenses and demands whatsoever which may be made or brought against the BBFC, its officers or servants by any third party in respect of any alleged injury, loss, damage or expense arising out of or in connection with the services supplied by the BBFC to that customer.
    6. Where a certificate is issued in respect of the film, the use of such certificate, BBFC symbols, BBFC consumer advice and BBFC extended classification information is granted solely for use in the identification, labelling, marketing and distribution of the film for UK theatrical release.

FEES

    1. Fees are non-refundable, in whole or in part, for any work carried out by the BBFC and you shall remain liable for the full amount. You shall pay all value added tax at the rate prescribed by law.
    2. The fee charged by the BBFC to you in respect of its services relates to the examination by the BBFC of the film. The decision as to the BBFC’s proposed classification and any conditions on which that classification will be issued, or alternatively its decision not to classify, will be conveyed to you by the BBFC as soon as is practicable and will not unreasonably be delayed.
    3. Notwithstanding Section 10, additional examinations which may, in the view of the BBFC, be necessary will not attract further fees. The BBFC is not bound to reach any particular decision as to classification and may at its discretion decide that the film is not suitable for a certificate to be issued in respect of it.
    4. A further fee will be payable:
      1. for the whole of the film in the event of a major remake or alteration after the BBFC’s classification decision has been notified to you; or
      2. for the part of the film where a minor amendment has been made after the BBFC’s classification decision has been notified to you; or
      3. where changes have been made to the film following a cuts request that significantly differ from those required by the BBFC.

      SUBMISSION OF THE FILM

    5. Feature films, short films and trailers for theatrical classification must be submitted in one of the ways set out in Schedule One, below.
    6. You must inform us of the language of the film and, if it is not in English, whether it is accompanied by English subtitles.
    7. There will, in normal circumstances, be a 72-hour processing period between the viewing of the film or other item and the release of the BBFC’s decision. The BBFC will always endeavour to reduce this period in genuine emergencies, but there shall be no obligation on the BBFC to do so. There may be occasions where the BBFC in its absolute discretion deems that the nature of the film entails a longer processing period, and no action, claim or demand shall lie against the BBFC in respect thereof.
    8. The BBFC shall notify you whether or not it considers the film is suitable for classification and, if it considers the film is suitable for classification, a certificate will be sent to you.
    9. In the case of the screening of your film work outside of the BBFC’s premises, neither you nor any other third party not authorised by the BBFC will be allowed to attend the screening.
    10. A certificate issued in respect of a work which contains images of such short duration that they are unlikely to register when viewing at normal speed may be withdrawn if the images throw into question the category awarded and were not drawn to the attention of the BBFC at time of submission.

APPEALS AND RECONSIDERATIONS

    1. These sections deal with the procedure to be adopted in cases where you are dissatisfied with the determination made by the BBFC in respect of your film work.
BBFC Reconsideration
    1. The BBFC offers a formal “reconsideration” procedure if you are dissatisfied with the determination made in respect of your work. The reconsideration is free of charge and will normally take less than 10 working days.
    2. You should note that a reconsideration involves looking at the issues afresh. This means that the outcome could, in some circumstances, be more restrictive than the original determination.
    3. All requests must be made by email to: reconsiderationrequests@bbfc.co.uk
    4. Provided the conditions set out below are met, a request for reconsideration may be made in respect of:
      1. the category awarded;
      2. any cuts or alterations required as condition of classification at a particular category (cuts for category);
      3. any cuts or alterations required regardless of category (compulsory cuts).
    5. You can request an internal reconsideration of the category awarded up to 42 calendar days after receiving the classification certificate, provided that the work has not been commercially exhibited under a BBFC classification in the UK (press and private screenings, and festival screenings made with the specific agreement of the relevant local authority may be discounted). If more than 42 calendar days has elapsed, or if the work has been commercially exhibited under the BBFC classification in the UK, then the decision can only be revisited by means of making a fresh submission, with normal fees applying.
    6. Requests to reconsider cuts must be made with 42 calendar days of receipt of the cuts list.
    7. On receipt of a valid written request for reconsideration, the BBFC will ensure that the work, or the relevant parts of the work, are viewed by the relevant members of staff.
    8. The outcome of the reconsideration will be communicated to you within 10 working days (subject to print availability), provided there is no need to seek views from legal and/or other external advisers, in which case such views will be sought and considered as soon as is reasonably practicable.
    9. If a reconsideration results in a different outcome, you are required to return paperwork previously issued by the BBFC before new paperwork can be issued.
    10. Reconsideration decisions are final.

CHANGES TO CONTENT AFTER EXAMINATION

    1. Only finished and complete material should be submitted for classification. However, there may be occasions during which errors or late decisions result in changes being made after the examination but prior to release. (This might include instances where the film has been submitted without final credits.) In certain circumstances, it may be possible to classify such works without a full viewing, with the appropriate tariff applied.
    2. If more than 42 calendar days have passed since classification or if the film has been commercially exhibited under a BBFC classification in the UK, any new version will be treated as a fresh submission and will be viewed in full.
    3. You must make a fresh submission, with new paperwork. The BBFC will provide a determination of the amount of examination time required and an appropriate charge will be levied.
    4. You must provide must provide written confirmation of the changes made and of whether you want to withdraw the original version or proceed with both versions.

ADVICE VIEWINGS

    1. The BBFC accepts film works ‘for advice’ on any format playable by BBFC equipment (or on the equipment at any external venue provided by the company). The fee for advice viewing is 75% of the fee that would be payable for a formal submission.
    2. Occasionally the quality (picture or sound) may be of a level that would normally be unacceptable in a formal submission. In such cases, you should note that improvements in sound or picture quality may have a bearing on the BBFC’s final decision.
    3. Works submitted for advice are submitted in the same manner as formal submissions. A submission form must be received with the ‘advice viewing’ box clearly ticked. If the medium on which the work is received is measurable (i.e. 35mm or DVD) it will be measured and checked by the BBFC’s Technical Department or Projection, as per a normal submission.
    4. If the work is to be screened at an external premises or exists only as a computer file, you will be asked to provide a measurement, which may be approximate.
    5. Advice viewings will normally be seen within three working days.

AS LIVE SUBMISSIONS

    1. The BBFC offers an “As Live” certificate for content that might include stage or sporting events shown “as live.” “As Live” exhibitions can involve a delay of a few minutes, hours, days or even months but are characterised by being unedited images of an event that took place before a live audience.
    2. The BBFC’s “As Live” certificates may be applied for with regard to transmissions of live events which have taken place within the past 7 days (‘within 7 days’ being defined as an exhibition which begins before midnight on the seventh day following the start of the live event).
    3. You must submit to the BBFC the following information about the as live performance:
      1. your company information;
      2. the title of the live performance (i.e. the title to be used when the performance is shown in cinemas);
      3. the date of the live performance (this could be in the future);
      4. the nature of the live performance (e.g. opera, boxing match, play, pop concert, ballet, etc); and
      5. details of any restrictions applying to children attending the live event, i.e. children under [x years] not admitted.
    4. On the basis of this information, the BBFC will issue you with a temporary, seven day certificate which states:
      1. the certificate is for an ‘as live showing’ and is valid only for exhibition within two stated dates (date 1 to be the date of the live event, date 2 to be date 1 plus 7 calendar days;
      2. children under 12 must be accompanied by an adult;
      3. [if there is an age limit for the live event] Children under [15/18 years] must not be admitted even if accompanied;
      4. all persons granted access to the exhibition must be warned that the content is being shown ‘as live’ within [7 days] of the live event and consequently has not been  pre-viewed to assess its suitability for different age groups;
      5. unless alternative arrangements have been made with the licensing authorities concerned, exhibition after seven days will require a standard film certificate from the BBFC. Such a certificate may only be issued following a formal submission of the content for classification;
      6. the certificate has been issued on the basis of information provided by [the name of your company]; and
      7. the certificate is not valid if any misleading information has been supplied or relevant information omitted.
    5. In each case the restriction on entry for the “As Live” showing will mirror as far as possible the restriction in place for the live event.  The as live restriction will never be less strict than the live restriction.
    6. The BBFC will also issue you with a “white card” to be displayed in cinemas showing the performance. The white card will include the age-related symbol (12A, 15 or 18) and the following wording:“This as live certificate has been provided for cinema exhibition on the basis of information provided by the distributor and without the material being viewed prior to exhibition”.
    7. The cost to the distributor of this service will be £100 plus VAT.

LIABILITY

  1. Any liability of the BBFC for any loss of, or damage to your property whilst in the BBFC’s keeping for purposes of classification shall be limited to the replacement value of the recording medium, together with the cost of transferring to it from a master copy the necessary audio-visual information.
  2. The BBFC cannot be held responsible for any loss or damage incurred by you or any third person as a consequence of any professional advice or any recommendations provided by the BBFC at your request;
  3. You are in a better position than the BBFC to insure the your work and operations against loss, damage or delay arising out of any goods being left in the keeping of the BBFC or their being transported to or from the BBFC’s premises, and the BBFC shall not therefore be under any obligation to take out such insurance.

SCHEDULE ONE

  1. All feature films, short films and trailers must be booked in advance with the BBFC. The Information Services department should be contacted via the customer helpline on 020 7440 0299 to make your booking. Advertisements for theatrical release only need to be booked in advance if submitted on 35mm, FTP or DCP.
  2. The version submitted to the BBFC for examination must be the exact, finished version intended for release. The film or other recording submitted to the BBFC for examination and classification will in normal circumstances be continuous and will not include any gaps. (For works in progress and incomplete works, please see ‘Advice Viewings’.
  3. The media items we receive must contain only and exactly the feature film, short film or trailer to be examined. If a media item submitted for a theatrical certificate contains any other material, such as a trailer before the start or in the middle of a film, we will put the work on hold and require you to submit replacement media items. This will incur a second handling charge and a further viewing charge.
  4. All media items (35mm reels, USB hard drives and memory sticks, DVDs etc.) must be labelled clearly. KDMs and/or usernames for trailer links must be emailed to projection@bbfc.co.uk by 12pm on the working day before examination.
  5. We require the media item(s), any KDM, the payment and the submission form to be delivered by the time stated. It is your responsibility to check with us that all materials have arrived on time; the BBFC will not contact you to remind you to deliver your materials to us by the deadline. If you fail to meet the delivery deadline for either the media item(s), the payment or the submission form, your submission will lose its place in the schedule, which can result in a cancellation fee.
  6. Feature films, short films and trailers must be accompanied by a film submission form.
  7. Advertisements must be accompanied by an advertisement submission form.
  8. Films and trailers that are only being shown in cinemas on DVD or other video media such as BetaSP, DigiBeta and HDCam must be submitted to us on a DVD struck from the theatrical master. The DVD, payment and submission form must arrive at the Board by 5pm on the working day before examination.
  9. Films and trailers for any other type of digital exhibition must be submitted as a JPEG 2000 wrapped in a DCI-compliant interoperable 2K Digital Cinema Package (“DCP”). The DCP for features or short films must come in on a USB hard drive. Trailers can be submitted on a USB memory stick or on a disc. USB hard drives/memory sticks/discs, along with any KDM (key) and/or username needed to unlock/play them, as well as the payment and the submission form, must arrive by 12pm on the working day before examination.
  10. Digital film trailers may be made available for the BBFC to download from an FTP (file transfer protocol) server. The trailer link, along with the KDM and/or username and anything else needed to access the site, as well as the payment and the submission form, must be emailed to projection@bbfc.co.uk by 12pm on the working day before examination. This new submission route does not apply to feature films and short films due to their file size.
  11. Films and trailers being released only on 35mm must be submitted on 35mm. The print, payment and submission form must arrive by 5pm on the working day before examination (unless other arrangements have been agreed with the Board at least two working days in advance).
  12. Films and trailers being released both digitally and on 35mm in the same version and the same aspect ratio can be submitted in either format. Delivery times are as noted above.
  13. Please note that 3D film releases must be submitted and classified in 3D. Any work being released in both 2D and 3D will require separate submissions due to the different formats having the potential to raise differing classification issues.
  14. IMAX film releases must be classified at an IMAX screen. The submission must be booked in with Information Services in the usual way. Any work being released in IMAX and any other theatrical format(s) will require separate submissions due to the different formats having the potential to raise differing classification issues.

 

 

 

 

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