Website Terms.
These Terms of Use apply to this website (the "Website") and to any e-mail correspondence between [Video Mail Marketing] ("we" or "us") and you. Please read these Terms of Use as they affect your legal rights. By accessing this Website, you are deemed to have accepted these Terms of Use. If you do not accept these Terms of Use, please leave the Website immediately.
1. Nothing on this Website is intended to be, nor should it be construed as constituting, definitive advice and (save where expressly provided on this Website) the transmission, downloading or sending of any information on this Website does not create any contractual relationship.
2. We may revise these Terms of Use at any time - you should therefore check this Website periodically to review the current version, because it will be binding on you. In addition, certain provisions of these Terms of Use may be superseded by expressly designated legal notices or other terms located on particular pages of this Website. If you do not accept a revision to these Terms of Use, please do not use this Website. If you continue to use the Website, you will be bound by the revised Terms of Use.
3. You are permitted to print and download extracts from this Website for your own non-commercial use (or that of your firm or company) on the basis that (i) no documents or related graphics on this Website are modified in any way (ii) no graphics on this Website are used separately from accompanying text and (iii) our copyright notice appear in or on all copies. Otherwise, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
4. Unless otherwise stated, all copyright and other intellectual property rights in the material on this Website (including text, photographs and graphical images) are owned by us and any rights not expressly granted in these Terms of Use are fully reserved by us. Use of any extract from this Website for any purpose, other than in accordance with paragraph 3 above, is prohibited. If you breach any of these Terms of Use, your permission to use this Website automatically terminates and you should immediately destroy any downloaded or printed extracts from this Website.
5. We endeavour to ensure that this Website is available 24 hours a day, but we will not be liable if, for any reason, this Website is unavailable at any time or for any period. If a fault occurs with the Website, please contact us immediately and we will endeavour to correct this as soon as we can. Access to this Website may be suspended temporarily, without notice, in the case of system failure, maintenance/repair, the installation of new facilities or otherwise for reasons beyond our control. We reserve the right to deny access to this Website at anytime without notice.
6. Other than personally identifiable information, any material you transmit or post to this Website shall be considered non-confidential and non-proprietary and we will have no obligations in connection with any such material. We are free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes
7. You may not misuse this Website and you are prohibited from posting or transmitting to this Website any material
(i) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, discriminatory or in breach of confidence or privacy
(ii) for which you have not obtained all necessary licences and/or approvals or
(iii) which constitutes or encourages conduct that could be considered a criminal offence, could give rise to civil liability or could otherwise be contrary to the law or infringe the rights of any third party, in the UK or in any other country or
(iv) which is technically harmful (including, without limitation, viruses, harmful components, corrupted data or other malicious software or data). We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of, or locate, anyone posting any material in breach of this paragraph 7.
8. Links to any third party websites on this Website are provided solely for your convenience - if you use these links, you leave this Website. We have not reviewed all of these third party websites and are not in control of, nor responsible for, the content, accuracy, legality or availability of any of these other websites. We do not endorse or make any representations about them, nor any material found on them or any results obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
9. If you would like to link to this Website, you may only do so if you link to, but do not replicate, the home page of this Website, and subject to the following conditions
(i) you do not remove, distort or otherwise alter the size/appearance of our logo
(ii) you do not create a frame or any other browser/border environment around this Website
(iii) you do not imply that we are endorsing any products or services other than our own
(iv) you do not misrepresent your relationship with us nor present any other false information about
(v) you do not link from a website that is not owned by you and
(vi) your website does not contain content that infringes any intellectual property rights or other rights of any other person or does not comply with all applicable laws and regulations. We reserve the right to revoke the rights granted in this paragraph 9 for any breach of any of these Terms of Use and you shall fully indemnify us for any loss or damage suffered by us in connection with any such breach.
10. Whilst we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of such information. We may make changes to the information on this Website at any time without notice. The material on this Website may be out-of-date from time to time, and we make no commitment to update any such material. The material on this Website is provided "as is", without any conditions, warranties or other terms of any kind and, to the maximum extent permitted by law, we exclude all representations, warranties, conditions and other terms which but, for these Terms of Use, might have effect in relation to this Website.
11. We, any other party (whether or not involved in creating, producing or maintaining this Website) and our officers, directors, employees or shareholders, exclude all liability for any amount or kind of loss or damage that may be suffered by you or any third party (including without limitation, any direct, indirect or consequential loss or damage, or any loss of income, profits or goodwill and whether in tort, contract or otherwise) in connection with this Website or in connection with the use of, or inability to use, this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software or other property due to your access to, or use of, this Website or any websites linked to this Website. However, nothing in these Terms of Use excludes or limits any liability which cannot be excluded or limited by law.
12. Our fees are payable as at our current published rates. All fees are subject to V.A.T. at the current rate.
13. Invoices are issued on a monthly basis following submission of signed weekly timesheets and sent by the independent resource to [Video Mail Marketing]. The invoice is payable by the client 30 days upon issuance. Late payments of any invoice will in all circumstances attract a surcharge, which will be calculated from the due date of the invoice at a rate of 4% above the standard variable lending rate of HSBC bank in the United Kingdom. Such a surcharge will continue to accrue until the date on which the original invoice and applicable surcharge to-date have been paid in full.
14. This Website is only meant to be used by You and your Customers for accessing and using the Services.[Video MailMarketing]reserves the right, in its sole discretion and at any time, to refuse any application by or any of your customers to access the Services and to temporarily or indefinitely suspend or restrict You from using or accessing the Website and/or any of the Services.
15. No information supplied by you should contain items or information that
(a) violates any local or national laws
(b) infringes any third party copyright, trademark or other intellectual property right
(c) falsely advertises, or misrepresents, Your ability to carry out, your services being offered for sale in the Listing or
(d) is sexually explicit in nature or contains or describes sexual acts, nudity and/or pornography or would otherwise be classified as adult-only material.
16. [Video Mail Marketing] is entitled, at any time and entirely at its discretion, to remove or alter any item for any reason including (but not limited to) in any of the following circumstances
(a) where the content of is or might be objectionable, offensive, unlawful or defamatory
(b) where there is reasonable cause to believe that you or any other party has, in the past, engaged in any dishonest or unethical practices in relation to this Website, or any similar website, or has breached these Terms and Conditions
(c) where there is reasonable cause to believe that you or any other party is a commercial enterprise unsuited to the spirit and/or intent of the Website or
(d) where the Listing includes any reference or link to any other website.
17. In connection with your use of this Website, you will be issued with a unique user name and password. You are responsible for keeping your user name and password secure and confidential at all times. You should not share, display, disclose or permit such user name or password to be disclosed to any other party. You are responsible for your use of the Website and the Services (and for any losses that [Video Mail Marketing] or any member of its Group may incur) when access to the Website and/or the Services is obtained through the use of your user name and password, whether authorised or unauthorised by you or the legal entity by which you are employed or engaged. You agree not to impersonate any other person or entity, to use any false name or to use any other person's user name and password to access the Website and/or the Services.
18. If You believe or reasonably suspect that your username or password has become known to another person, or You are aware of any other breach of security regarding the Website and/or any of our Services, You should notify [Video Mail Marketing] immediately. You agree and warrant that You will implement and comply with the above procedures and [Video Mail Marketing] reserves the right to withdraw your user name and password at any time, without notice and in our sole discretion, including (but not limited to) where You have not (or it reasonably suspects that You have not) complied with the above security procedures or if it has reason to believe that your username and/or password have been discovered and/or used by any person or organisation other than You.
19. [Video Mail Marketing] reserves the right to modify or withdraw this Website (or any part of it) at any time without notice. It is the intention of [Video Mail Marketing] to provide a high quality Website and suite of Services, which are accessible and functioning at all times. However, it accepts no responsibility or liability to any party for any failure of the Website, or any of the related Services, resulting in partial or total unavailability of this Website or any of the Services for any period of time.
20. Neither You, nor any parties affiliated with or contracted by You, should or may take any actions to interfere with, or interrupt, the operation or stability of this Website. This includes, but is not limited to, the use of any software, device or other programming routine that could place excessive loads or stress on this Website or on our related software, that could interfere with or that could alter any other of our services or information.
21. By using this Website, You consent to the collection and use of your personal information in accordance with these Terms and Conditions. You will be asked to provide certain information about yourself, including your name and contact details, as a result of using this Website. To ensure any such personal information is accurate and up-to-date, please ensure that [Video Mail Marketing] is promptly informed of any change to your contact details. [Video Mail Marketing] may also collect information about your usage of this Website and information about You from, for example, e-mails that You send to us, via this Website or otherwise. The personal information You provide will enable [Video Mail Marketing] to contact You, where necessary, and we will also use and analyse the information collected to administer, support, improve and develop this Website and the Services. In particular, [Video Mail Marketing] may use your information to contact You for your views on this Website and to notify You about important changes or developments to this Website or the Services. It may also pass aggregate information on the usage of this Website to third parties but this will not include information that can b
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