Terms and Conditions
IMPORTANT LEGAL NOTICE - WEBSITE TERMS AND CONDITIONS
1.1 You may only access the Website without registration however some features may only be available by registering your details with us. However, once you have registered, accessing information on the Website is free until further notice.
1.2 Each registration is for your use only and not for multiple users. You must not share your user name and password with any other person. Responsibility for the security of any passwords issued rests with you.
1.3 If you breach any of these Terms, your permission to use the Website automatically terminates.
1.4 We may revise these Terms at any time by updating this page. You should check the Website from time to time to review the then current Terms. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms and conditions located on particular pages of the Website.
1.5 We may from time to time offer other services which may be subject to different terms and conditions and which will be notified to you if you use that service.
2. SERVICE PROVIDED
2.1 The Website is divided into two sections: (a) "Latest News" which provides information on events taking place during the then current week and which provides audio, 'B roll', stills and other footage which we and/or any of our associated entities were commissioned to create by our respective clients; and; (b) "Virtual Press Room" an area dedicated to news or items about various clients
2.2 You may only view information on the Website on your computer screen and may not copy, download, modify, alter or in any way otherwise deal with any such information otherwise than expressly permitted in accordance with these Terms.
2.3 You shall treat any information contained on the Website as private and confidential and neither you nor any of your employees, agents or other representatives may disseminate any of it to any third party by any medium (whether orally or in writing).
2.5 You agree that you will not directly contact any person listed from time to time on the Website. If you would like to, for any reason, communicate with any such expert, you agree to contact us directly by email email@example.com.
3. INTELLECTUAL PROPERTY
3.1 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by us and/or our licensors.
3.2 No part of the Website may in any way be reproduced and/or stored in any other website or included in any public or private database or intranet service other than in accordance with the specific terms without our express prior written permission which should be requested in accordance with paragraph 2.5 above.
3.3 We shall have the right to copy and use extracts from the programme in which the spokesperson or story appears on the protected private client pages of the website wherever you use a spokesperson, footage or story provided by us.
3.4 If we discover that we do not have sufficient rights to any DNA Materials, we may withdraw the relevant material from the Website without prior notice. If you have requested any such material to use we will use reasonable efforts to inform you in advance of taking any such action and to agree a mutually agreeable solution.
3.5 Any rights not expressly granted in these Terms are reserved in full.
3.6 You may not use framing techniques to enclose any page or part of any page of the Website, trade mark, logo, DNA Material or other proprietary information (including images, text, page layout or form) on the Website. You may not use any metatags or any other "hidden text" using the trade marks set out in paragraph 3.7 below.
3.7 The following marks belong to us and must not be used in any way without our prior written consent: (a) The Digital News Agency (b) The News Hub (c) The Footage Bank (d) The Television Consultancy (e) D roll
4. SERVICE ACCESS
4.1 While we endeavour to ensure that the Website is normally available 24 hours a day, we shall not in any way be liable if for any reason the Website is unavailable at any time or for any period.
4.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
4.3 We reserve the right to refuse access to the Website or any part of it at any time either to groups of users, individual users or generally. We shall not be responsible for any connection or access to the Website by you or the quality of the transmission of any information passing between you and the Website.
4.4 Whilst we take every precaution to ensure that the Website is free from viruses, pop-ups and other malicious software, these may be contained within third party websites linked to the Website and you must therefore take all reasonably prudent steps to protect your computer software and hardware.
4.5 You shall not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way.
5. USERS' MATERIAL AND CONDUCT
5.2 You hereby grant as a non-exclusive royalty free irrevocable licence to use such material as put on the Website and to authorise others to use it.
5.3 You are prohibited from posting or transmitting to or from the Website any material: (a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; (b) for which you have not obtained all necessary licences and/or approvals from the relevant persons including without limitation with respect to any third party intellectual property rights, from the owners of such rights; (c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or (d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
5.4 You may not misuse the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired.
5.5 We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of paragraph 5.2 and/or paragraph 5.3.
6. LINKS TO AND FROM OTHER WEBSITES
6.1 Links (if any) to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
6.2 You may not create any links whatsoever to the Website or any part of it without our consent.
7. INFORMATION PROVIDED
7.1 You hereby confirm and agree that any information that you may provide us from time to time whether on registration for use of the Website or otherwise (the "Information") will be true, accurate, complete and not in any way misleading. If any such Information changes, you agree to notify us of such changes so that the Information remains at all times true, accurate, complete and not in any way misleading.
7.2 If for any reason any of the Information is not true, accurate, complete and/or is misleading or we believe this to be the case, we hereby reserve the right to suspend, terminate your ability to use the Website or restrict your future ability to access the Website.
8.1 While we endeavour to ensure that the information on the Website is correct, we do not warrant the accuracy and/or completeness of the material on the Website. We may make changes to the material on the Website, or to any products or services and/or prices described in it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update such material.
8.2 The material on the Website is provided "as is", without any conditions, warranties and/or other terms of any kind. Accordingly, to the maximum extent permitted by law, we allow you to access the Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these Terms might have effect in relation to the Website.
8.3 You acknowledge and agree that your use of any material and/or information obtained through the use of or in any way facilitated by the use of the Website is at your own risk and you alone shall be responsible for any loss or damage whatsoever that you may suffer from such use.
8.4 We make no warranty and/or representation that your access to the Website will be uninterrupted, secure and/or error-free or that you will be able to access the Website at any particular time.
9. LIABILITY AND DISPUTES
9.1 We, any other party (whether or not involved in creating, producing, maintaining and/or delivering the Website), and any of our affiliated entities and the officers, directors, employees, shareholders and/or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party whether in tort (including without limitation negligence), contract or otherwise in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website and any websites linked to the Website or the material on such websites.
9.2 Without prejudice to the generality of paragraph 9.1 above, we, any other party (whether or not involved in creating, producing, maintaining and/or delivering the Website), and any of our affiliated entities and the officers, directors, employees, shareholders and/or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party whether in tort (including without limitation negligence), contract or otherwise in connection with any loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, and/or browsing the Website and/or your downloading of any material from the Website or any websites linked to the Website.
9.3 Nothing in these Terms shall exclude or limit our liability for: (a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or (b) fraud; or (c) any liability which cannot be excluded or limited under applicable law.
9.4 If, as a result of using the Website or any material on it, you require servicing, repair or correction of equipment, software or data, you agree that you alone will bear any and all costs related to such servicing, repair or correction and that we shall not in any way be responsible to you for this.
9.5 If we waive any breach by you of these Terms this will not prevent us from later requiring you to comply with any waived obligation.
9.6 Any dispute, controversy or claim arising out of or relating to this Agreement, including any disputes relating to the Content of the Website, whether based in contract, tort, statute or otherwise, shall be finally resolved by arbitration; provided, however, that a party seeking injunctive or other equitable relief this will not stop enforcing this Agreement. The arbitration shall be conducted by one arbitrator in English and in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce. The place of the arbitration shall be London. The decision of the arbitrator shall be binding upon the parties.
10. ENTIRE AGREEMENT
10.1 This Agreement represents the entire agreement between you and us in relation to your use of the Website (including its content), and it supersedes all prior or contemporaneous communications (whether in writing, oral or electronic) between you and us with respect to the Website. Any waiver of any term of this Agreement will only be effective if in writing and signed by a party and no waiver by us of any right or remedy under this Agreement will prevent us from enforcing any of its rights or remedies in any other situation where you breach this Agreement.
11. NATURE OF RELATIONSHIP / SEVERABILITY
11.1 No joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your utilisation of the Website. If any provision of this Agreement is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
12. GOVERNING LAW AND JURISDICTION
12.1 These Terms shall be governed by and construed in accordance with English law. Disputes arising in connection with the Terms shall be subject to the exclusive jurisdiction of the English courts.