Terms of Use | Vubiquity Content Promotions Portal

Terms and Conditions

Welcome to this VUBIQUITY Marketing Portal. VUBIQUITY, its parent, subsidiaries and its affiliated companies maintain this Marketing Portal (the "Marketing Portal") in order to facilitate access by approved users to marketing resources and materials (the "Materials") contained therein.

Your access to and use of the Marketing Portal and the Materials is subject to the following terms of use as well as VUBIQUITY's Privacy Policy and Cookie Policy ("Terms"), and all applicable laws. These Terms are in addition to any other agreements which you may have with VUBIQUITY. By accessing the Marketing Portal, you accept these Terms without limitation or qualification, provided that any written agreement between you and VUBIQUITY that covers your use of this Marketing Portal and/or the Materials shall take precedence over these Terms in the event of any conflict between the same.

If you do not agree to these terms, you will be declined access to the Marketing Portal.

1. You should assume that everything you see or read on the Marketing Portal is subject to copyright unless otherwise noted and may not be used except as expressly provided for hereinafter, or by express written permission from VUBIQUITY. Unless otherwise agreed, your use of the Marketing Portal and any Materials downloaded from it are at your risk. You shall be responsible for any and all third-party consents, clearance of rights, including those generally known as “Moral Rights”, and payments of any kind that may be required as a result of such clearances and you shall bear all costs and expenses, for materials and otherwise, that may be associated with your use of the Materials. VUBIQUITY is not liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Marketing Portal or the Materials. Without limiting the foregoing, everything on the Marketing Portal is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. VUBIQUITY also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing of the Marketing Portal or your downloading of any Materials, data, text, images, video, or audio from the Marketing Portal.

2. Your use of the Marketing Portal and Materials displayed on the Marketing Portal will be non-exclusive and is limited to the specific use for which you were granted access to the Marketing Portal. Any use beyond that described herein is strictly prohibited without prior written consent from VUBIQUITY. In all cases, your use of the Materials is limited to promotional purposes only. Furthermore, you shall not use any video Materials (e.g., clips) for a period longer than one (1) year unless otherwise agreed in writing by VUBIQUITY.

3. By registering for an account with VUBIQUITY, you are agreeing to allow VUBIQUITY to DIGITALLY WATERMARK any Materials that you are granted access to, making it forensically traceable to you. To the extent you are granted access to a SECURE DIGITAL SCREENER, it is on loan for viewing by you, the member, for the purpose of viewing its content for business evaluation purposes only. VUBIQUITY reserves the right to cancel your account or recall possession of any SECURE DIGITAL SCREENERS at any time. Do not duplicate, publicly perform, loan, rent, sell, give away, or otherwise transfer to any third party any Materials for any reason, or cause to allow another party to do any of the same. UNAUTHORIZED USE MAY BE SUBJECT TO PROSECUTION.

4. Except for authorized changes necessary for localization purposes or where otherwise authorized by VUBIQUITY, no changes may be made to the Materials downloaded from the Marketing Portal without VUBIQUITY’s prior written approval. All copyrights, proprietary notices, and promotional messaging either existing on the Materials or to be added to the Materials as instructed on this Marketing Portal or otherwise by VUBIQUITY must be retained on such Materials at all times. Furthermore, you will not disparage, criticize, belittle, parody, alter, or otherwise negatively comment upon any elements contained in any of the Materials.

5. Your use of the Marketing Portal or the Materials does not create any express or implied option, license, or other right, title, or interest in or to the Materials, the VUBIQUITY titles contained within the Materials, or to any other intellectual property embodied in such VUBIQUITY titles, including, but not limited to, trademarks or copyrights. For the avoidance of doubt, all proprietary and intellectual property rights in the Materials and the VUBIQUITY titles contained within the Materials shall remain the sole property of VUBIQUITY. You are also advised that VUBIQUITY will aggressively enforce its intellectual property rights to the fullest extent of the law.

6. Your permission to access the Marketing Portal and download Materials from it is personal to you and you may not allow any third party to use such Materials (except, where necessary, fellow employees of the same company). You agree to keep your user name and password confidential, to use all reasonable endeavors to prevent unauthorized access to the Marketing Portal by third parties, and to notify VUBIQUITY immediately if you become aware that an unauthorized person has accessed or is able to access the Marketing Portal. You must notify VUBIQUITY as soon as possible if you cease to be employed by the same company or no longer require access to the Marketing Portal.

7. While VUBIQUITY uses reasonable efforts to include accurate and up to date information and resources on the Marketing Portal, VUBIQUITY makes no warranties or representations as to its accuracy. VUBIQUITY assumes no liability or responsibility for any errors or omissions in the content of the Marketing Portal.

8. The trademarks and logos (collectively, the "Marks") displayed on the Marketing Portal are registered and unregistered trademarks of VUBIQUITY or other third-party owners. Nothing contained on the Marketing Portal should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Marketing Portal without the prior written permission of VUBIQUITY or such third party.

9. You agree to indemnify, defend, and hold VUBIQUITY and its parent, subsidiaries, affiliates, and their respective officers, directors, owners, agents, information providers, and licensors (collectively, the "Indemnified Parties") harmless from and against any and all claims, liability, losses (including loss of profits and/or reputation), costs, and expenses (including attorneys' fees) incurred by any Indemnified Party in connection with your use of the Marketing Portal or the Materials or any breach by you of these Terms. You may not settle any claim that may affect any Indemnified Party without that party's prior written consent. VUBIQUITY reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with VUBIQUITY's defense of such claim.

10.The Marketing Portal is controlled and operated for VUBIQUITY in the UK. Unless you have been granted specific authorization for a particular location or country, VUBIQUITY makes no representation that the Materials on the Marketing Portal are appropriate or available for use in other locations and other countries.

11.In the event that this Marketing Portal contains links to any other sites ("Linked Sites"), then whether or not VUBIQUITY is affiliated with such Linked Sites, VUBIQUITY shall not be responsible for their content. The Linked Sites are for the user’s convenience only, and the user assumes all risk associated therewith. The information and opinions expressed in any Linked Sites are not necessarily those of VUBIQUITY and its related entities or content providers, and VUBIQUITY makes no representations or warranties regarding such information and/or opinions.

12.VUBIQUITY reserves the right, for any reason, in its sole discretion, to terminate, change, suspend, or discontinue any aspect of the Marketing Portal, including, but not limited to, content, features, or hours of availability. VUBIQUITY may also impose limits on certain features of the Marketing Portal or restrict your access to part or all of the Marketing Portal without notice or penalty. Additionally, VUBIQUITY reserves the right, for any reason, in its sole discretion, to terminate, change, suspend, or discontinue your use of any Materials, and you and your company will promptly comply with such instructions or cease the use or display in question.

13.You acknowledge and agree that in connection with your use of the Marketing Portal you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer, software, a modem, and a working telephone line. VUBIQUITY shall not be responsible for any malfunctions, errors, crashes, or other adverse events that may occur from your use of the Marketing Portal.

14.Use of the Marketing Portal shall be governed by, and construed in accordance with, the laws of England.

15.If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

16.VUBIQUITY reserves the right to modify, alter, or otherwise update these Terms at any time, so you are encouraged to review these Terms from time to time. Your continued use of this Marketing Portal and the Materials following the posting of changes to these Terms shall constitute your acceptance of such changes.