Fresh Locations Limited
Information About Us And Our Website
Fresh is a bookings agency providing locations for film, TV, photography and other shoots and events. Our Website enables you to browse Images of, and information about, our Locations, and to download, save and share Images of those Locations.
This page sets out the terms and conditions that apply to use of our Website. In these Terms, the following words have the meanings attributed to them:
“Favourites” means the ‘Favourites’ area of the Website enabling users to log in, save and share Locations.
“Fresh” means Fresh Locations Limited, with registered office at 37 Ormonde Road, London SW14 7BE. In these terms the words “we”; “us” and “our” may also be used and refer to us, Fresh Locations Limited.
“Image”; “Images” means any image or images of a Location on our Website.
“Intellectual Property Rights” means all intellectual property rights (including without limitation copyrights, moral rights, trade and service marks, domain names, right in designs, rights in databases and know-how) whether or not registered or registrable and also includes applications for registration of any of these rights, and all rights and forms of protection of a similar nature or having equivalent or similar effect anywhere in the world.
“Location”; “Locations” means any property or properties or other location(s) that we represent.
“Terms” means these terms and conditions.
“Website” means our website at www.freshlocations.com (or such other replacement website from time to time). The Website is owned and managed, operated and maintained by Fresh.
“you”; “your” means you, a user of our Website.
Working With Fresh
If you want to submit your property to be included on our books you will need to submit an enquiry via the Website and to accept the terms set out on our ‘List Your Property’ page. If we approve your property we will take you through our registration process and as part of that process you will need to sign our Location Owner’s Agreement which sets out the terms on which we will represent your property. If your property is confirmed for a booking then you will also need to sign a Producer Agreement confirming the terms of the booking. We will discuss this with you at the relevant time.
If you are accessing our Website as a client and you want to book one of our Locations, whether for a shoot, an event or otherwise, you will need to sign a Producer Agreement between you and the Location owner. Please contact us for more information.
Our Favourites Service
Our Favourites service enables you to share lists of Locations with others, along with corresponding Images, and to save lists of your favourite Locations.
In order to use Favourites, you will need to create an account by providing a username and an email address. To create your account, you will also have to confirm that you accept these Terms. If you do not do so you will not be able to use Favourites.
You acknowledge that you are personally responsible and liable for any use of our Website, and you agree not to use any of the information or content on our Website or which we provide to you for any purposes other than as set out in these Terms, unless we have agreed otherwise.
You further acknowledge and agree that:
(a) if you use Favourites, you will be personally responsible for your Favourites username and password will not share this information with others; and
(b) whether you are using Favourites or otherwise, you will only download, save or share (as applicable) Images for the purposes of considering the suitability of a Location for a particular booking or event and you will not otherwise make any use of any of our Images or any information on our Website, whether within Favourites or otherwise.
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
Exclusion Of Liability and Disclaimer
The information and materials posted on our Website in relation to us and our Locations is intended as guidance only. While we make every effort to keep information and Images on our Website up-to-date and correct we make no warranties, express or implied, as to the completeness, accuracy, suitability or availability of any Location, or of any Images or other information or services on our Website, for any particular purpose. Any reliance you place on any Images or any other information from our Website, whether about our Locations or otherwise, is strictly at your own risk. In no event will Fresh be liable to you for any losses whatsoever which arise out of or in connection with your use of our Website or your reliance on the Images and information on our Website, even if you have been advised of or are otherwise aware of the possibility of any such losses. If you are interested in booking a Location you will be responsible for satisfying yourself that any particular Location is suitable for the purposes for which you wish to book it.
We may need to make changes to our Website from time to time or to suspend the Website, for example for repairs, planned maintenance or upgrades. While we will do our best to keep our Website available, we will not be liable to you if we do need to make any changes or restrict access for any period of time.
While we take all reasonable steps to keep our Website secure, we do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your own technology, computer programme and platform to access our Website. You should use your own virus protection software.
Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
Rights In and To Our Website
All rights (including without limitation Intellectual Property Rights) in and to Fresh, our Website and the content in it and all other information and materials which relate to Fresh and our Locations are owned by (or licensed to) Fresh. The content in our Website is protected by copyright laws and treaties around the world.
Unless we have given you consent in writing to do so, you (a) shall not reproduce, copy, edit, transmit, upload or incorporate any part of our Website into any other materials, (b) shall not remove, modify, alter or use any Images or any Intellectual Property Rights owned by us or our licensors; and (c) shall not do anything which may be seen to take unfair advantage of our goodwill or reputation or could be considered an infringement of any of the Intellectual Property Rights owned by or licensed to us.
You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Website or any services provided via, or in relation to, our Website. This includes using (or permitting, authorising or attempting the use of):
• Any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Website or any data, content, information or services accessed via the same.
• Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).
If our Website links to other sites and resources provided by third parties, these links are provided for your information only and should not be interpreted as approval by us of those linked websites or any information you may obtain from them. We have no control over the content of those sites or resources.
Privacy And Data Protection
We are committed to protecting your privacy and complying with the UK GDPR, the Data Protection Act 2018 and other laws and regulations in relation to data protection. Please click here to view our Privacy Notice, which explains how we process any personal data you provide to us.
If you have any comments, queries or complaints then you can contact us by writing to Fresh Locations Limited, 37 Ormonde Road, London SW14 7BE, or by emailing us at firstname.lastname@example.org.
We may make changes to these Terms from time to time. Each time you use our Website please check these Terms to ensure you understand the terms that apply at that time. These Terms were last updated in February 2023.
If we agree to waive any of, or any part of, these Terms then that waiver must be in writing to be effective. Any waiver by us of any of our rights in respect of, or any part of, these Terms will not be considered a waiver of our rights in respect of any subsequent breach of the same or any other provision of these Terms and failure, neglect or delay by you or us to enforce these Terms (or any of them) or any rights or remedies at any time will not be deemed to be a waiver of those rights or remedies under these Terms.
If any part of any of these Terms is found by any court to be invalid, unlawful or unenforceable then that part will be deemed deleted and the remaining terms, conditions and provisions and parts of them will continue to apply to the fullest extent permitted by law.
These Terms constitute the entire agreement between you and us with respect to your use of our Website and supersede all other communications between us in relation to your use of our Website.
These Terms are personal to you and you may not assign or otherwise transfer any of your rights or obligations to anyone else. These Terms do not create, and shall not be construed as creating, any rights under the Contracts (Rights of Third Parties) Act 1999 enforceable by any third party.
By using our Website and agreeing to be bound by these Terms you confirm that you have not relied on any representation, undertaking or promise given by or implied from anything said or written whether on the Website, the internet or in negotiation between you and Fresh, other than as expressly set out in these Terms.
These Terms are governed by and shall be construed in accordance with the laws of England and Wales, whose courts shall have exclusive jurisdiction.
These Terms were last updated in March 2023.