Thank you for using the No Conflict Clearance Company – the next generation of film and television clearance services!
Please note that this website (the “Website”) or any affiliated websites is operated by the No Conflict Clearance Company (“TNCCC”). Throughout the Website, the terms “we”, “us” and “our” refer to TNCCC. TNCCC offers this Website, including all information, tools, goods and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.
If you have any questions about how we collect and use personal information, including your script, please refer to our Privacy Policy. Although it does not form part of these Terms, it is an important document that you should read.
By visiting our Website and/or signing up for communications and/or providing us with information and/or purchasing something from us, including a title clearance report, script clearance report, copyright report or any other clearance service (collectively, the “Clearance Materials”) and/or relying on those Clearance Materials, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Service, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms carefully before using our Service. If you do not agree to all the Terms of this Agreement, then you may not use any Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added to the current Website shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of the Service following the posting of any changes constitutes acceptance of those changes.
By agreeing to these Terms, you represent that you are at least the age of majority in your province/state or country of residence.
You may not use our Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including, but not limited to copyright laws). You must not transmit any viruses, malware or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your access to the Service.
The Service is intended to provide clearance services for film, television and other audiovisual productions (each, a “Project”), including the provision of Clearance Materials. You are responsible for all communication and behaviour transmitted through the Website. Any content which may be provided through the Website, such as text, graphics, images, and other material contained on the Website ("Content") are for informational purposes only. The Content, as well as any Clearance Materials do not on its own constitute legal advice and does not contain any legal opinions. The Content, as well as any Clearance Materials is intended only to be used as a research guide to facilitate your clearance process. If you would like legal advice or opinions with respect to the Content or the Clearance Materials then our affiliated law firm Hall Webber LLP (https://www.hallwebber.com/) or legal counsel of your choosing may be separately engaged to do so. Regardless, please otherwise ensure that you consult with your own attorney regarding the appropriate clearance procedures to follow using the Content and/or the Clearance Materials and secure errors & omissions insurance to protect yourself and your licensees from any potential liabilities which may arise from any failure to effectively clear all necessary elements of your Project. Relying solely on the Content and/or the Clearance Materials will not serve as a guarantee against any such liability, so you are encouraged to never disregard professional advice or delay in seeking it because of something you may have read as part of the Content and/or the Clearance Materials.
Without limiting the generality of the foregoing, the depiction of any actual products, brands, persons (whether by recognizable name, voice, image and/or character), or any other materials, characters or elements which are protected by copyright or trademark in your Project should be avoided unless legal advice is secured confirming that such authorization is not required. In addition, any incidental dialogue references to real persons, places, or things contained in your Project and as noted in the Clearance Materials should be reviewed to ensure that such references are not defamatory or derogatory, do not contain any trademarked elements, and do not infringe upon the personal privacy or publicity rights of any individual(s). Lastly, elements of the Project that depict nudity, excessive violence, sexuality, profanity, discrimination or ethnic/sexual orientation prejudice may offend broadcaster and/or community standards and should be reviewed with your broadcast licensees and distributors in consultation with legal counsel.
A minimum of twenty-four (24) hour’s notice (to the email listed in the Contact Section) from the date of payment to be given to cancel and receive a 100% refund of fees paid to register for the Service. If notice given after twenty-four (24) hours, the situation will be evaluated on a case-by-case basis and any refund given at our sole discretion.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of third-party (optional) tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third parties.
Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
Note that the Clearance Materials offered through this Website may be sold or processed through third-party service providers. The purchase and processing of such Clearance Materials shall at all times be subject to the terms of those third-party service providers, in addition to the Terms herein. It is your responsibility to ensure compliance with these third-party terms and we shall not be held liable for your failure to abide by those terms and our rights hereunder shall not be affected due to your failure.
We reserve the right to refuse access to the Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion, use or access to the Service or any contact on the Website through which the Service is provided, without express written permission by us.
Turnaround times: as indicated on our Pricing page of this Website, the price you pay for your desired clearance report, copyright report or other clearance service is dependent upon whether you request a 1, 3 or 5 business day turnaround. Business days exclude weekends and statutory holidays, and any reference to a business day refers to the end of business hours on such day, i.e. 17:30 EST. For example, if a 3 business day turnaround is ordered anytime on a Thursday, the report will be available no later than 17.30 EST on Tuesday (assuming no statutory holidays apply).
The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.
We request that if the Clearance Materials are relied upon during the creation of the Project, then TNCCC shall be accorded a credit in comparable size and placement to other clearance service providers and/or stock materials providers in the end credits of the Project. The credit should be in the following form: “Clearance Services Provided by The No Conflict Clearance Company”.
We are not responsible if the Content is not accurate, complete or current. The Content is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free, and any reliance on the Content is at your own risk.
This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. As noted above, we reserve the right to modify the Content at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
To accurately provide the Clearance Materials, we require accurate and clear information regarding the Project to be submitted through the Website when requested in a timely manner, including the script, the title or any other materials feature of the Project (the “Project Information”). In preparing the Clearance Materials, we have used all reasonable efforts to rely upon the most current information available to us as of the date of the Clearance Materials’ creation, including the Project Information and other proprietary and third-party information. We do not guarantee that the Clearance Materials are error free or 100% comprehensive. If any changes are made to the Project Information, such updated information should be re-submitted for review and the preparation of supplemental Clearance Materials undertaken. Please note that the Clearance Materials are only applicable to the version of the Project and the Project Information that is submitted.
Prices for any Clearance Materials we may offer are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, service and/or price change, suspension or discontinuance of the Service.
We reserve the right, but are not obligated, to limit the sales of our Clearance Materials to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Clearance Materials that we offer. All descriptions of Clearance Materials or pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue the offering of any Clearance Materials at any time. Any offer for any Clearance Materials made on this Website is void where prohibited. We do not warrant that the quality of any products, services, information, or other Clearance Materials purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete and accurate account information for all Services, including purchases of Clearance Materials. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Following commercial release of the Project, you hereby grant us a worldwide, perpetual, non-exclusive licence to use your name, the title of the Project and up to three (3) screenshots therefrom, as well as any Project Information on the Website. For the avoidance of doubt, such a licence permits us to, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium, such Project Information and we shall not be under ay obligation to pay compensation for the use of any such Project Information. If you have any concerns regarding the use of the Project Information, please contact us at info@noconflictclearance.com and we would be happy to use all reasonable efforts to accommodate your concerns.
We may, but have no obligation to, monitor, edit and/or remove content or to refuse to provide the Service for content or Projects that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Project Information submitted to us. You are solely responsible for any Project Information to you make and their accuracy. We take no responsibility and assume no liability for any Project Information sent to us by you or any third-party.
Generally, your submission of personal data through the Website is governed by our Privacy Policy.
Though, you agree that we may collect and use technical data and related information, including but not limited to technical information about user devices, systems and website software, and peripherals, as well as any personal and commercial information for use in the Service, that is gathered periodically to facilitate the provision of software updates, product support and other services to users. We may use the aforesaid information to improve the Service or to provide services or technologies to Website users. For further information regarding how we handle the personal data you transmit through the Website, please visit our Privacy Policy.
Occasionally there may be information on our Website, in the Clearance Materials or as part of the Service that contains typographical errors, inaccuracies or omissions that may relate to such subjects as, but not limited to product descriptions, pricing, promotions, offers, completion times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your Project Information and/or order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, available services, organizational practices, priorities and policies, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Service: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information, including Project Information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal data of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Subject to the terms of these Terms, we grant to you, a limited, revocable, non-exclusive, non-transferable, non-sub-licensable licence to access and use the Service. We reserve the right to charge a fee at our discretion for any existing, upgraded or new version of the Service, including the one-time or on-going purchase of Clearance Materials or for any premium content elements thereof. In such case you may be required to pay the applicable one-time and/or subscription fee(s) for such Clearance Materials and/or content following which you may be required to enter into separate terms agreement.
You acknowledge and agree that all Content, design elements, and materials available on the Website, including without limitation all graphics, logos, designs, characters, objects, environments, worlds, icons, scripts and service names, as well as any goods and services as expressed by us (“Company Content”) are owned by us and/or our partners and licensors and protected by copyrights, trademarks, patents, trade secrets, and/or other proprietary rights of us and/or its partners and licensors. We and our partners and licensors retain all right, title and interest in and to the Company Content. You may not use, copy, reproduce, modify, republish, upload, post, transmit or distribute any Company Content in any form or for any means, unless expressly permitted in these Terms. The names, logos, characters, brands and product and service names appearing as part of the Service are trademarks/service marks or registered trademarks/service marks of us or third parties (the respective holders). The use of any such trademark or service mark without express written consent of the respective holder is strictly prohibited. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without our prior written permission. In addition, you may not sell, licence, rent, perform, display, create derivative works from, or in any way use or exploit Company Content in any way unless expressly permitted in these Terms. You agree not to disassemble, decompile or reverse engineer any software or other component of the Service or Company Content. You agree not to assert against us any claim, action or proceeding for infringement of any patents, patent rights or other intellectual property rights.
Upon payment of all fees and provided you are not in material breach of these Terms, we hereby irrevocably assign to you any and all right, title and interest that we may have, including copyrights, in or to any and all Clearance Materials purchased by you through the Service. To the extent that any such rights are not assignable, we hereby grant you, subject to full compliance with these Terms an exclusive, perpetual, worldwide, irrevocable, assignable, royalty-free, paid in full licence, fully sub-licensable through multiple tiers, to exercise all intellectual property and other rights, in and to all or any part of such Clearance Materials, in any medium now known or hereafter devised.
WITH THE EXCEPTION OF ANY RIGHTS IN AND TO THE PROJECT, INCLUDING ANY PROJECT INFORMATION, you hereby irrevocably, and without additional consideration beyond the rights granted to you herein, assign to us any and all right, title and interest that you may have, including copyrights, in or to any and all information, user exchanges, transmits or uploads while using the Website or engaging in the Service, including without limitation all files, data and information. The assigned rights include the right to lease and assign the rights and make changes to the information and materials etc. To the extent that any such rights are not assignable, you hereby grant us an exclusive, perpetual, worldwide, irrevocable, assignable, royalty-free, paid in full licence, fully sub-licensable through multiple tiers, to exercise all intellectual property and other rights, in and to all or any part of such information and materials, in any medium now known or hereafter devised.
Certain steps must be undertaken to ensure the proper delivery of the Clearance Materials. As such, you hereby grant us an exclusive, perpetual, worldwide, irrevocable, assignable, royalty-free, paid in full licence, fully sub-licensable through multiple tiers, to exercise all intellectual property and other rights, in and to all or any part of the Project, the Project Information and associated materials, in any medium now known or hereafter devised but only insofar as it allows for the creation of the Clearance Materials and any other permitted use described in these Terms.
TNCCC DISCLAIMS WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL TNCCC, OR ITS PARTNERS, ASSOCIATES, AND/OR EMPLOYEES BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY FOR (i) ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (ii) FOR ANY DIRECT DAMAGES IN EXCESS OF THE FEE PAID BY THE CLIENT FOR RECEIVING THIS REPORT, EVEN IF TNCCC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WHILE THE SERVICE MAY BE IN THE FIELD OF CLEARANCE SERVICES, THE SERVICE DOES NOT ON ITS OWN CONSTITUTE PROFESSIONAL ADVICE AND WILL NOT CONTAIN ANY PROFESSIONAL OPINIONS, LEGAL, FINANCIAL OR OTHERWISE. YOU ACKNOWLEDGE THAT YOU SHOULD CONSULT WITH YOUR OWN PROFESSIONAL ADVISOR(S) REGARDING THE APPROPRIATE STEPS TO BE TAKEN REGARDING YOUR PERSONAL SITUATION, WHETHER RELATED TO THE SERVICE OR YOUR PROFESSIONAL SITUATION GENERALLY, AND THAT RELYING SOLELY ON THE SERVICE WILL NOT SERVE AS A GUARANTEE AGAINST ANY POTENTIAL SITUATIONS WHICH MAY ARISE FROM YOUR OWN PROFESSIONAL SITUATION.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall we, our directors, officers, employees, parent, subsidiaries, affiliates, partners, agents, contractors, subcontractors, interns, suppliers, service providers or licensors (collectively “Related Parties”) be liable under contract, tort, strict liability, negligence or other legal theory for (i) any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), or (ii) for any direct damages in excess of the fee paid by you for receiving the Clearance Materials, arising from your use of the Service or any Clearance Materials, or for any other claim related in any way to your use thereof, including, but not limited to, any errors or omissions in any Clearance Materials, or any loss or damage of any kind incurred as a result of the use of the Service or any Clearance Materials, even if advised of their possibility. Due to the fact that some provinces, states and/or other jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states, provinces and jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless us and our Related Parties harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, and/or your violation of any law or the rights of a third-party, and/or the development, production, distribution, exploitation or promotion of the Project.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Service, or when you cease using our Website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Service (or any part thereof).
Your and our respective obligations and liabilities incurred pursuant to these Terms prior to their termination (as per above) shall survive the termination of these Terms for all purposes.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this Website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
The Terms will be subject to and exclusively governed by the laws of the Province of Ontario and the laws of Canada applicable therein without regard for its conflicts of law principles that would require application of the laws of any different jurisdiction. Any dispute, controversy or claim arising out of or relating to the Terms, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The tribunal will consist of a sole arbitrator. The place of the arbitration will be Toronto, Ontario, Canada, or may be conducted virtually via electronic communication to the extent the Arbitration Rules allow for such. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof. In any arbitration arising out of or related to this Agreement, the arbitrator(s) may not award any incidental, indirect or consequential damages, including damages for lost profits. In any arbitration arising out of or related to this Agreement, the arbitrator(s) shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator(s) determine a party to be the prevailing party under the circumstances where the prevailing party won on some but not all of its claims and counterclaims, the arbitrator(s) may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. Notwithstanding anything to the contrary, we may apply to any court of competent jurisdiction for injunctive or other equitable relief.
You can review the most current version of the Terms at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
Questions about the Terms or any retrieval issues should be sent to us at info@noconflictclearance.com.