Please read through these Terms carefully. By accessing the Damson Media web site at damsonmedia.com or by otherwise accessing any content found on this web site, you are deemed to have entered into an agreement with Damson Media and to have agreed to be bound by the terms set out below. This site is owned and operated by Damson Media.
- Intellectual Property Protection
- Use of Damson Media Content
- Changes to the Site
- Registration, Passwords and Responsibilities
- No Warranty, Disclaimer of Liability and Indemnity
- Force Majeure
- Governing Law and Jurisdiction
These terms were last updated on 14 July 2014
1. Intellectual Property Protection
The contents and design of the site and any material supplied to you in conjunction with the site (such contents, design and materials being collectively referred to as the "Damson Media Content"), are copyright of Damson Media and its licensors. You may not use or reproduce or allow anyone to use or reproduce any trade marks (such as the "Damson Media" name and logo or other trade names appearing on the Site) for any reason without written permission from Damson Media. The software, which operates the site, is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.
2. Use of Damson Media Content
You may not reproduce, modify or in any way commercially exploit any of the Content without prior written permission from Damson Media, this includes:
- Reproduce or store in or transmit to any other web site, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of Damson Media Content.
- Modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of Damson Media Content (including use as part of any library, archive or similar service) without the prior written consent of Damson Media
- Remove the copyright or trade mark notice from any copies of Damson Media Content made under these Terms.
Any use of Damson Media Content not specifically permitted above is expressly prohibited. Requests for permission please contact Damson Media at Linton House, 39-51 Highgate Road, London, NW5 1RT.
3. Changes to the Site
Damson Media reserves the right, in its discretion, to suspend, change, modify, add or remove portions of Damson Media Content available on the Site at any time and to restrict the use and accessibility of the Site.
4. Registration, Passwords and Responsibilities
Certain areas of the site are only open to you if you have been provided with access details. If you are provided with access you are solely responsible for the confidentiality and use of and access to Damson Media Content. The access is provided for the use of your organisation only and any log in details provided are to be kept confidential.
Damson Media does not hold any personal information either in manual or electronic form.
6. No Warranty, Disclaimer of Liability and Indemnity
Whilst every effort has been made to ensure the high quality and accuracy of the Site, Damson Media makes no warranty, express or implied concerning Damson Media Content, the Site, software or products or services available through the Site (the "Site Services"), which are provided "as is". Damson Media expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will Damson Media, its affiliates or other suppliers be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the Site Services, even if Damson Media has been advised of the possibility that such damages may arise.
In no event will any liability of Damson Media, its affiliates, agents and licensors to you (and/or any third party) arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Site Services or breach of these Terms by Damson Media exceed the amount, if any, paid by you to Damson Media in respect of the particular Site Service to which the claim relates.
Upon Damson Media's request, you agree to defend, indemnify and hold harmless Damson Media from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your use of any Site Services.
7. Force Majeure
Damson Media, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of Damson Media Content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.
Changes to these Terms. Damson Media may, in its discretion, change these Terms (including those relating to your use of Site and/or Damson Media Content). When Terms are changed, they will be published ng in these Terms. If you use the Site after Damson Media has published or notified you of the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site any further after they are published. Access to certain Damson Media Content may be subject to additional terms and conditions.
Advertising, Third Party Content and other Web Sites.
Parts of the Site may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that material submitted for inclusion on the Site complies with Publishing and national law. Damson Media is not responsible for any third party content or error, omission or inaccuracy in any advertising material. The Site may contain links to other web sites. Damson Media is not responsible for the availability of these web sites or their contents.
Assignment of Agreement.
This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by Damson Media.
No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.
Notices to Damson Media must be given in writing by letter and sent to Damson Media's last known place of business in London (for the attention of the web production department).
Severability/Survival/Statute of Limitations.
If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid but rather the Terms will be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in London, England, within one year after the cause of action has arisen, or such cause will be barred, invalid, and void.
Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms shall not apply.
Headings in these Terms are for convenience only and have no legal meaning or effect.
9. Governing Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with, English law. The parties irrevocably agree that the courts of England shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.
At the exclusive discretion of Damson Media, Damson Media shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.