Mediagility Global Collaboration Services
www.mediagility.com
www.mediagility.com
These provisions (together with the documents referred to on it) tell you the terms of use ("Terms of Use") on which you may make use of our website (the "Site"), whether as a guest or a registered user.
We may from time to time change the Terms of Use. We will post such revised terms on the Site and your continued use of the Site after such posting constitutes your agreement to follow and be bound by such revised terms. If you are a registered user, you will be notified of such revised terms and your continued use of the Site will be dependant upon you agreeing to such revised terms.
The Site is operated by Mediagility Limited ("we"). We are a limited liability company registered in England and Wales under company number 3913523 and have our registered office at 109 Westhall Road, Warlington, Surrey CR6 9HG, England.
You may only use the Site for lawful purposes and in compliance with applicable local and international laws and regulation. You may not use the Site to send, knowingly receive, upload, download or use any material which does not comply with our content standards (see below).
You shall not (a) license, sub-license, sell, resell, transfer, assign, copy, distribute or otherwise commercially exploit or make available to any third party any part of the Site; (b) reverse engineer or access the Site in order to copy any ideas, features or functionality or build a competitive product or service; (c) use the Site in any way which is not authorised by Mediagility or is in breach of the Terms of Use; or (d) attempt to gain any unauthorised access to the Site or other accounts, computer systems or networks connected to the Site through hacking, password mining or any other means.
These content standards apply to any and all material which you contribute to the Site ("Contributions"). Contributions must be accurate (where they state facts) and genuinely held (where they state opinions). Contributions must not:
You are responsible for making all arrangements necessary for you to have access to the Site. Access to the Site is permitted on a temporary basis and we reserve the right to withdraw or amend the Services we provide on the Site without notice. We will not be liable if for any reason the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site to users who have registered with us.
You may be invited to access certain areas of the Site and, in order to gain access, you will need to confirm certain information including, but not limited to, your name, email address and your country of residence and to choose a username and password ("User Data"). You agree to provide true, accurate, current and complete User Data and to promptly update the User Data as and when necessary. If the User Data is untrue or incomplete or Mediagility has reasonable grounds to suspect that such User Data is untrue or incomplete, Mediagility reserves the right to suspend or terminate your access to the Site or any part thereof.
Your User Account is for your exclusive and personal use. It enables you to access certain parts of the Site and, depending on the functionality that has been assigned or granted to you, access to some information about other Users and to the configuration and operation of the Site. You must not disclose your User Data or other confidential information about your User Account to anyone else. You acknowledge that disclosure of such information by you to a third party shall represent a material breach of the Terms of Use and shall entitle Mediagility to terminate your access to the Site or any part thereof. You agree not to use another User’s User Data for any purpose whatsoever.
You agree to immediately notify Mediagility of any unauthorised use of your User password or User Account which comes to your attention. You will use all reasonable endeavours to stop any unauthorised use of a User Account immediately.
We process information about you in accordance with the Mediagility Privacy Policy posted on the Site. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
Copyright in the contents of the Site (including without limitation all images, illustrations, designs, icons, photographs, video clips and written and other materials that appear on the Site) is owned by Mediagility and its licensors. All rights are reserved.
"Mediagility", the Mediagility logo and the product names listed on the Site are trademarks or registered trademarks of Mediagility or third parties and no right or licence is granted to use them. Without Mediagility’s prior permission, you agree not to display or use such trademarks in any manner.
All other intellectual property rights in the Site are the property of Mediagility or its licensors. Nothing in the Terms of Use should be taken as conferring any licence or right to use any material on the Site without the prior written approval of the owner, whether Mediagility or its licensors.
Whenever you make use of a feature that allows you to upload material to the Site, or to make contact with other users of the Site, you must comply with the content standards in the Terms of Use.
We reserve the right to disclose your identity to any third party who claims that any material posted or uploaded by you to the Site constitutes a violation of their intellectual property rights or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Site.
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site 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 the Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.
There may be links or third parties may provide links to other websites ("Third Party Sites"). We do not control, sponsor, endorse or otherwise approve any information or statements appearing in Third Party Sites (nor in sites referred to in or linked to such Third Party Sites). We are not responsible for any form of transmission received from any Third Party Sites nor are we responsible if Third Party Sites are not working properly.
We do not endorse any Third Party Sites and provide these links to you only as a matter of convenience. Neither Mediagility nor its licensors shall be responsible or liable for any content, advertising, products or other materials on or available from Third Party Sites. You further acknowledge and agree that Mediagility and its licensors shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any Third Party Sites.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in the Terms of Use.
Whilst using the Site, you may enter into correspondence with, purchase goods and/or services from a third party, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Site. Any such activity and any other terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. To the fullest extent permitted by applicable law, you agree that: (i) Mediagility and its licensors shall not be responsible or liable for any loss or damage of any kind incurred as a result of any such dealings or as a result of the presence of such advertisers or sponsors on the Site; and (ii) any orders placed by you on, and any product specifications and product availability appearing on the Site are subject to confirmation by, and the terms and conditions of business of, the relevant third party.
In connection with your use of the Site, you may need to download third party software, the use of which may require you to enter into a separate software licence agreement. You agree that it is your responsibility to enter into any such licence to ensure your continued use of the Site that relies on such software.
We reserve the right to suspend or terminate your access to the Site or any portion thereof and take such action as we deem appropriate if, in our sole discretion, you are in breach of the Terms of Use.
Upon any suspension or termination, we shall be entitled to remove any postings or materials uploaded by you to the Site and disclose such information to law enforcement authorities as we reasonably feel is necessary. You must promptly destroy all materials downloaded from the Site, as well as copies of such materials.
ACCESS TO THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MEDIAGILITY AND ITS LICENSORS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, AVAILABILITY, COMPLETENESS, QUALITY, SUITABILITY, TIMELINESS, RELIABILITY OF THE SITE OR ANY INFORMATION, MATERIAL OR GRAPHICS ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MEDIAGILITY AND ITS LICENSORS EXPRESSLY DISCLAIM AND EXCLUDE ALL WARRANTIES, REPRESENTATIONS, LIABILITIES, CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, IN CONNECTION WITH THE INFORMATION ON THE SITE INCLUDING, BUT NOT LIMITED TO ANY IMPLIED TERMS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT;
MEDIAGILITY AND ITS LICENSORS MAKE NO WARRANTY OR REPRESENTATION THAT (I) THE USE OF THE SITE WILL BE TIMELY, SECURE, UNINTERRUPTED, ERROR FREE OR WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; (II) ANY DATA STORED ON THE SITE WILL BE ACCURATE OR RELIABLE ; (III) THE SITE WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (IV) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE, COMPLETE OR RELIABLE; (V) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (VI) ERRORS OR DEFECTS IN THE SITE WILL BE CORRECTED.
ALTHOUGH MEDIAGILITY ENDEAVOURS TO ENSURE THAT THE CONTENT OF THE SITE IS ACCURATE AND UP TO DATE, MEDIAGILITY DOES NOT WARRANT THAT IT IS ACCURATE OR UP TO DATE.
MEDIAGILITY DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF ANY COMMENTARY OR OTHER MATERIALS POSTED ON THE SITE.
USE OF CERTAIN AREAS OF THE SITE IS FREE AND MEDIAGILITY TAKES STEPS TO ENSURE THAT IT IS AVAILABLE TO ALL PERMITTED USERS. MEDIAGILITY DOES NOT WARRANT THAT THE SITE WILL BE CONTINUOUSLY AVAILABLE OR THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SITE AND SERVER WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MEDIAGILITY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION.
YOU SPECIFICALLY AGREE THAT MEDIAGILITY SHALL NOT BE RESPONSIBLE FOR UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. YOU SPECIFICALLY AGREE THAT MEDIAGILITY AND ITS LICENSORS ARE NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
IN NO EVENT SHALL MEDIAGILITY AND ITS LICENSORS BE LIABLE TO YOU IN CONTRACT, TORT (INCLUDING NEGLIGENCE) MISREPRESENTATION OR OTHERWISE FOR LOSS OF PROFIT, GOODWILL, USE, BUSINESS, DATA, REVENUE OR ANTICIPATED SAVINGS OR ANY THIRD PARTY CLAIMS OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY LOSS OR DAMAGE (EVEN IF MEDIAGILITY AND ITS LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR RELIANCE ON INFORMATION ON THE SITE OR ANY OF ITS CONTENTS OR ANY DELAYS IN THE PROVISION OF INFORMATION OR ANY ACTION TAKEN (OR NOT TAKEN) AS A RESULT OF USING THE SITE.
MEDIAGILITY AND ITS LICENSORS SHALL NOT BE LIABLE IN CONTRACT, TORT OR OTHERWISE AND IRRESPECTIVE OF NEGLIGENCE OF MEDIAGILITY AND ITS LICENSORS FOR ANY REPRESENTATIONS, ADVICE OR ASSISTANCE GIVEN BY OR ON BEHALF OF MEDIAGILITY IN CONNECTION WITH THE SITE OR THE MATERIALS ON THE SITE UNLESS AND THEN ONLY TO THE EXTENT THAT MEDIAGILITY HAS MADE SUCH REPRESENTATIONS AND/OR AGREED TO PROVIDE SUCH ADVICE OR ASSISTANCE FOR A FEE UNDER A SEPARATE WRITTEN AGREEMENT WITH MEDIAGILITY.
NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR RESTRICT THE LIABILITY OF MEDIAGILITY OR ITS LICENSORS FOR DEATH OR PERSONAL INJURY CAUSED BY MEDIAGILITY’S OR ITS LICENSORS’ NEGLIGENCE OR FRAUDULENT MISREPRESENTATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY SOME OF THE EXCLUSIONS AND LIMITATIONS IN THIS AGREEMENT MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
You agree to indemnify and hold Mediagility, its licensors and their subsidiaries, affiliates, officers, directors, employees and agents harmless from and against any and all action, demand, liability, cost, claim, loss, damage, proceeding or expense (including legal fees and costs) arising out of or in connection with your use of the Site, any breach of the Terms of Use and any breach of our copyright, trademarks and other intellectual property rights.
Mediagility provides services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of the European Union. You acknowledge and agree that the Site shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to countries as to which the United States and/or the European Union maintains an embargo (collectively, Embargoed Countries), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury's List of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders (collectively, Designated Nationals). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all U.S. and European Union export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
The Site may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000.
Mediagility and its licensors make no representation that the Site is available for use in other locations. If you use the Site from outside the United States of America and/or the European Union, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the material on the Site contrary to the laws of any of state of the United States or any member state of the European Union is prohibited. None of the material on the Site is or will be used for nuclear activities, chemical or biological weapons or missile projects, unless specifically authorised by the United States government or appropriate European body for such purposes.
If any provision of the Terms of Use is held to be invalid, illegal or unenforceable in whole or in part such provision or part shall to that extent be deemed not to form part of the Terms of Use but the validity, legality and enforceability of the remaining provisions of the Terms of Use shall not be affected.
Any failure by Mediagility to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.
The Terms of Use are governed by English Law and the parties hereby submit to the exclusive jurisdiction of the English Courts in relation to any claim arising from, or related to, a visit to the Site although we retain the right to bring proceedings against you for breach of the Terms of Use in your country of residence or any other relevant country.
Mediagility Limited Terms of Use (2010-01-Terms) effective from 01 January 2010.
Mediagility® Global Collaboration Services
Mediagility provides web-based production management and collaboration services for people working in communications, creative services and design