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Terms and Conditions
The VOD Professional website (“Website”) is owned and operated by Merchant Fox Limited (“The Company”) and is made available to you on the following terms and conditions (“T&Cs”). By using the site and the services available on it you are deemed to accept these terms and conditions and any additional terms and conditions which expressly apply to services and information provided by third parties.
The terms “you” and “User” as used herein refer to all individuals and/or the entities they represent (jointly and severally) accessing this Website for any reason and include, but are not limited to, “Employers” (posting job openings and seeking candidates for employment) and “Job Seekers” (searching job openings).
Use of the Site
The information and services available on the site are provided for the purpose of individuals who work in the television and OTT industry and are looking for news, feature articles, reviews, research, reports, whitepapers, access to video content and employment opportunities and for employers seeking to recruit staff and suppliers wishing to use the website directory. You may use, print and download information from the site for these purposes only and for no other personal or commercial purpose. You may not otherwise copy, display, transmit or distribute any material from the site.
You may not decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website. You may not violate or attempt to violate the security of the Website, including, without limitation, unauthorised access of data; circumventing authentication mechanisms; or interfering with the Website in any way. you may not use any engine, software, tool, agent or other device or mechanism (including but not limited to, browsers, spiders, avatars or BOTs/intelligent agents) to navigate or search the Website other than as provided through the Website and/or a standard third party browser (e.g., Microsoft Internet Explorer, Mozilla Firefox, Opera etc.).
All copyright, database rights and other intellectual property rights in the Website and the material available on the Website belongs to Merchant Fox Ltd or its third party suppliers. Use of the Website does not give you any proprietary rights in such materials.
Registration, User Information & Data protection
Users are responsible for their communications and postings, including, but not limited to, job postings, forum postings and supplier directory listings (“User Content”). The Company does not have an obligation to assess or guarantee the accuracy or appropriateness of the communications or postings (even if Company elects in its discretion to attempt to do so). You agree not to send communications or make postings that infringe or breach another party’s intellectual property rights, contract rights or other rights (including copyrights, trademark rights or trade secret rights). You agree not to send inappropriate communications or make inappropriate postings, including but not limited to, communications and postings that are obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity, sexually-explicit, solicitations of business, chain letters or pyramid schemes. The Company is not responsible for any User Content or actions or omissions in response to User Content.
By submitting User Content, you automatically and hereby grant to The Company a perpetual, royalty free, irrevocable, non-exclusive right and licence to use, reproduce, modify, publish, translate, create derivative works from and distribute such User Content into any form, medium or technology now known or hereafter developed. In addition, as between you and The Company, you assert and waive any and all moral rights in such text or graphics.
You also warrant that you have the right through ownership, license or consent to submit the User Content and User Information to be used in accordance with these terms and conditions. Subject to the foregoing, the owner of such User Content and User Information retains any and all rights that may exist in such content.
The Company may elect to, in its sole discretion, investigate and take action based on allegations by a party that another party violated these T&Cs (however, the Company is not required to do so). The Company need not verify or assess the accuracy of any User Content or User Information.
Subject to the remainder of these terms below, the Website is currently made available to you without charge by The Company. However, you are responsible for all telephone / broadband charges necessary to access and use the Website.
Access to parts of the Website such as the Research section (“Services) may, in future, be made available by payment only. You agree to pay any applicable fees at the rates in effect when the charges are incurred and for this purpose will deposit with The Company prior to your use of such Services the minimum sum specified by us. The Company will then be entitled to deduct any fees incurred by you from such sum.
You must provide us with complete and accurate payment information. You can pay by either credit or debit card. By submitting credit or debit card payment details to The Company you warrant that you are entitled to purchase the Services using those payment details. In the case of unauthorised payments The Company reserves the right to suspend or terminate your access to the Services. If we do not receive payment authorisation or any authorisation is subsequently cancelled, we may immediately terminate or suspend your access to any Services.
The Company will try to process your payment promptly but does not guarantee that the Services will be available to you by any specified time. A contract with you for receipt of the Services will come into effect when The Company sends you an email confirming your payment details.
There is no specific time limit applying to your use of the Services in these terms and conditions. However, The Company reserves the right to suspend or terminate your access to the Services if you breach these terms and conditions, with or without notice and without further obligation to you.
The Company will charge you in British Pounds Sterling or Euros or United States Dollars, depending on the service and your country of residence. You may also have to pay any applicable local taxes.
Subject to the remainder of this clause, The Company will refund you any money deposited in your account within 30 days of the date of termination of your subscription or of your access to the Interactive Services. The Company will also refund you any money you have deposited in your account within 30 days of your written notification to The Company that you wish to be reimbursed, regardless of whether or not your access to the Website or Services has been terminated.
Any reimbursement or refund made by The Company in accordance with the clause above, will only be made to the bank account that you used to deposit the relevant sums into your account. The Company will in no circumstances pay money to the credit of a third party or to a different bank account.
The Company may require information from you to verify your identity before paying any money out of your account and you agree to provide such information as The Company may reasonably require for this purpose.
The Company may also charge you a reasonable sum to cover its administrative costs in processing any request for a refund.
The Company’s Liability
The Company does not guarantee that Job Seekers will be hired or that Employers will find employees or contractors using the Website or that Suppliers who enter their company’s details in the website Directory will find new clients. This Website facilitates Suppliers entering company details, Employers’ posting opportunities and Job Seekers’ searching available opportunities. The Company is not a party to any relationships entered into between an Employer and Job Seeker or a Supplier and a Client and The Company is not liable for any act or omission by an Employer, a Supplier or Job Seeker. You are solely responsible for the form, content and accuracy of any User Content.
The company does not warrant that the website will operate error-free or that the website and its server are free of computer viruses or other harmful mechanisms. If your use of the Website results in the need for servicing or replacing equipment or data, the company is not responsible for those costs.
The Website and Services are provided on an “as is” basis without any warranties of any kind. The Company, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. The company makes no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics, and links.
You promise not to sue the Company and hereby waive any and all claims against the Company from any liability arising out of or related to the acts or omissions of other users (Employers and Job Seekers). You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your breach of these T&Cs, or use of the Services or User Content. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
The Website may contain links to third party websites as a convenience. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third party Web sites, you do so at your own risk.
In no event shall the company, its suppliers, or any third parties mentioned on the Website be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Website and the material, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages.
The Company reserves the right, at its sole discretion, to terminate your use of the Website at any time for any reason.
Law and Jurisdiction
Where the Site and/or the Interactive Services are accessed from England or Wales, or from outside the United Kingdom this Agreement shall be governed by the laws of England and Wales and you hereby submit to the exclusive jurisdiction of the English courts. Where the Site and/or the Interactive Services are accessed from Scotland or Northern Ireland this Agreement shall be governed by the laws of Scotland or Northern Ireland respectively and you hereby submit to the exclusive jurisdiction of the Scottish courts or the courts of Northern Ireland respectively.