Terms & Conditions
TERMS OF USE
THESE TERMS OF USE (“Terms”) govern the use by you of the content and material including, without limitation, the Media Packs, video clips, audio clips, articles and information (“Content”) which are located at environmentalcommunications.tv (“Website”). Please read these Terms and ensure that you have understood and accepted them. If you do not agree to be bound by these Terms, please cease use of the Website and Content immediately.
1. OWNERSHIP AND MANAGEMENT
1.1 This Website is owned by by MacTwitch Ltd (and managed by Sauce Consultancy Ltd) whose registered address is at c/o Atria Associates, 123 Westmead Road, Sutton, Surrey SM1 4JH trading as “Environmental Communications.TV” (“we” or “us”).
1.2 You can contact us by emailing us at info@sauceconsultancy.co.uk or writing to us at 1 Quality Court, Chancery Lane, London, WC2A 1HR.
2. USE OF THE WEBSITE
2.1 You warrant that you have the right, authority and capacity to enter into and be bound by these Terms.
2.2 You may view the Content and browse the Website (“Use”) provided that such Use shall be subject to these Terms.
2.3 You shall comply with any guidelines provided or reasonable instructions issued by us or any fair usage policies provided to you or in operation from time to time in respect of your access and Use of the Website.
2.4 You shall also not do anything likely to impair, interfere with, or damage or cause harm or distress to others.
2.5 You shall not use the Website and/or the Content to commit criminal acts or to cause nuisance or annoyance or inconvenience to or to harass others. You agree that all use of the Website and/or the Content shall be in compliance with the applicable law.
2.6 You shall not use the Website and/or not do anything that shall or be reasonably deemed to infringe any patents, copyrights, trademarks, design rights or any other intellectual property rights (“Intellectual Property Rights”) or other proprietary rights of any third parties including without limitation, post, publish or make available for public viewing on the Website anything which may be deemed to be obscene, defamatory, libellous or slanderous, or which may cause injury to, invade the privacy of or otherwise violate the rights of others using the Website and/or Content.
2.7 In the event that we, at our sole discretion, consider that you are making any unauthorised, unlawful or illegal use of the Website and/or Content or if your Use is in breach of these Terms, then we reserve the right to take any action necessary including instigating legal proceedings in the case of any unlawful or illegal Use by you of the Website.
2.8 We may suspend the Website for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades, and shall not be liable to you for any such suspension.
2.9 We reserve the right to make any changes or amendments to the Website, including without limitation to any of the Contents or to discontinue any aspect, feature or functionality of the Website (wholly or partly).
2.10 You agree that the disclosure by you of any personal information or content owned by and/or licensed to you through your Use of the Website may become publicly available on the Website and may be collected, collated and used by other users of the Website.
3. LICENCE AND RESTRICTIONS
3.1 We and/or our licensors own or have a licence to use the Content and the Website (excluding third party content as per clause 4). Nothing in these Terms shall be construed to convey the title to or ownership of the Content and/or the Website. All rights in and to the Content and the Website not expressly granted to you in these Terms are strictly reserved by us.
3.2 We hereby grant to you a non-exclusive, non-transferrable, non-assignable, royalty-free licence to use and reproduce the Content strictly for press release, educational, non-commercial and publicity purposes (“Purpose”) only.
3.3 Except as expressly permitted in these Terms and in particular under clause 3.2, you shall not and shall not permit others to (i) modify, translate, create derivative copies of or copy the Content; (ii) reverse engineer, decompile, disassemble or otherwise reduce the Content and/or Website to its source code form (where applicable); (iii) assign, timeshare, sell, rent, lease or otherwise transfer the Content or your right to use the Content; and (iv) remove or modify any of our copyright, trademark, or other proprietary notices affixed to or contained in the Content or on the Website; or (v) use the Content and/or Website in any manner which deviates from the Purpose or which is not expressly authorised by these Terms, without first obtaining our written permission.
3.4 We are entitled to revoke your licence to Use the Content and/or the Website if we have any reason to believe that you are in breach of any of the provisions of these Terms and in particular, the provision under this clause 3.
4. THIRD PARTY CONTENT AND LINKING
4.1 The Website may contain third party content and material including, without limitation, video clips, audio clips, articles and information (“Third Party Content”) and links to other independent third party websites. We do not endorse such Third Party Content or the contents of such third party websites. We shall not be liable in any way for such Third Party Content and third party websites. We recommend that you review the terms and conditions and privacy policy for these independent third party websites and the licence terms for any such Third Party Content prior to any use of the same.
5. WARRANTIES AND EXCLUSION OF LIABILITIES
5.1 The Content and all other information posted, published or made publicly available to you on the Website are provided to you “as is” and does not in any way constitute advice or intended to address your specific needs or questions.
5.2 We do not warrant, represent or provide any guarantees in respect of the accuracy, suitability and fitness for a specific purpose of all the Content and materials on the Website. Therefore, the Content must not be relied on to assist in making or refraining from making a decision, or to assist in deciding on a course of action without seeking independent advice.
5.3 Consequently you agree that any reliance by you of the Content or the Website shall be at your own risk and we shall in no way be liable for any losses suffered by you arising out of or in connection with such reliance.
5.4 We shall not be liable for any direct loss and indirect loss which occurs as a side effect of the main loss or damage, any loss of income, loss of profits or contracts, loss of anticipated savings, loss of data and waste of management or office time arising out of, in connection with or relating to the Content or the Website.
5.5 Our maximum aggregate liability under, arising from or in connection with these Terms whether arising in contract, tort (including negligence) or otherwise, shall not exceed £100.
6. GENERAL PROVISIONS
6.1 You may print and keep a copy of these Terms, which form the entire agreement between you and us and supersedes any other communications in respect of the Website.
6.2 These Terms may only be altered, amended or varied with our prior written consent. We may alter, amend or vary these Terms at any time and notify you using the Website of such alteration, amendment or variation. By continuing to Use the Content and/or Website thereafter, you shall be deemed to have accepted any such amendments to these Terms.
6.3 If any provision of these Terms is declared void, illegal, or unenforceable, the remainder of these Terms will be valid and enforceable to the extent permitted by applicable law. In such event, the parties agree to use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision.
6.4 Any failure by any party to enforce any term or condition under these Terms at any time shall not be considered a waiver of that party’s right thereafter to enforce each and every term and condition of these Terms.
6.5 Neither party will be responsible for delays resulting from circumstances beyond the reasonable control of such party, provided that the non-performing party uses reasonable efforts to avoid or remove such causes of non-performance and continues performance hereunder with reasonable dispatch whenever such causes are removed.
6.6. Nothing in these Terms shall give, directly or indirectly, any third party any enforceable benefit or any right of action against us and such third parties shall not be entitled to enforce any term of these Terms against us.
6.7 These Terms and their performance shall be governed by and construed in accordance with the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the courts of England and Wales. Notwithstanding the foregoing, you shall also comply with all foreign and local laws and regulations which apply to your Use of the Website in whatever country you are physically located and/or is applicable to you.
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