Web Site Terms and Conditions Of Use (last updated: 28th February April 2018)
By accessing and using a EBS New Media web site you agree to be bound by the Terms and Conditions as set out below. If you do not wish to be bound by these Terms and Conditions you should not access or use a EBS New Media web site in any way. All rights are reserved.
- "the Agreement" means the terms and conditions referred to below, in respect of which you agree to be bound in the event that you access or use the Web Site (as defined below).
- "the User" means you, the Web Site User.
- "the Disclosed Information" means any and all material disclosed by the User.
- "the Information" means any and all material contained in the Web Site (as defined below) which is delivered by or on behalf of EBS New Media Limited or any associates thereof.
- "the Web Site" means any EBS New Media web site and in particular, but not limited to: digiguide.tv, www.mydigiguide.com, wap.mydigiguide.com, accounts.digiguide.tv, support.digiguide.tv, library.digiguide.tv
- "the Webmaster" means email@example.com
- "the Company" shall mean EBS New Media Limited of 16b Whitehorse Street, Baldock, Herts, SG7 6QN, England.
2. Ownership of The Web Site
- 2.1 The Information contained on the Web Site is owned by, licensed or authorised to EBS New Media Limited its associates, assignees, licensees or sub-licensees thereof ("EBS New Media Limited") and the copyright in the text, artwork, graphics and images on the Web Site is owned by EBS New Media Limited except where attributed to an alternative source.
3. Basis of Use
- The User agrees as follows:
- 3.1 that it understands, acknowledges and accepts the exclusion of liability and disclaimer provisions contained hereafter;
- 3.2 that subject to Clause 3(f) it will only view the Information for its own private purpose and it will not publish, reproduce, store or retransmit any of the Information contained in the Web Site at any time;
- 3.3 that it shall not use the Information or the Disclosed Information for any unlawful or unauthorised purpose or in any unlawful or unauthorised manner;
- 3.4 that it shall not use or interfere with the Web Site, the Information or the Disclosed Information other than in accordance with this Agreement and without limitation in such a way so that all or part of the Web Site, the Information or the Disclosed Information is or could be interrupted, reproduced, stored, retransmitted, published, damaged, rendered less efficient, corrupted or in anyway impaired;
- 3.5 that it shall not use the Web Site, the Information or the Disclosed Information in any manner which may constitute an infringement of any third party rights (including but not limited to rights of copyright trade mark or confidentiality);
- 3.6 that it shall not use the Web Site to retransmit any material for the purposes of publicity, promotion and/or advertising without the prior written consent of EBS New Media Limited;
- 3.7 that it shall not run any tools on the Web Site that systematically retrieve web pages for offline or online viewing; whether it be for personal, commercial, experimental, educational or any other use (please also refer to Clauses 3b to 3f).
- 3.8 that in the event that it has any right, claim, or action against any other User or third party arising out of the use of the Web Site, it shall pursue such right, claim or action independently of and without recourse to EBS New Media Limited;
- 3.9 that all intellectual property rights (including without limitation copyright, trade marks and all other rights) whatsoever in the Information and the Web Site shall remain vested in EBS New Media Limited at all times;
- 3.10 that it acknowledges that EBS New Media Limited has no obligation to provide the Web Site or any Information or to ensure that the User is able to use provide and/or access the Information, the Disclosed Information and the Web Site;
- 3.11 that it will indemnify and keep indemnified EBS New Media Limited against all claims, liabilities, damages, costs and expenses including legal fees (on a solicitor and own client basis) arising out of any breach or misuse of the Information, the Disclosed Information, the Web Site or of the User's obligations under this Agreement;
- 3.12 that it understands that the Company may at times to their discretion send e-mails to the User regarding the Web Site and its associated services;
- 3.13 that it shall not post information to the online elements of the Web Site (i.e. Forums and Chat) which is unlawful, threatening, harassing, abusive, defamatory, obscene and/or vulgar, or any content the publication of which violates the rights of any third party. EBS New Media Limited Moderators and those acting on the behalf of EBS New Media Limited have the right to remove and/or ban users that are seen to contravene this disclaimer;
- 3.14 that it understands that the Company may at a time to their discretion decide to charge a fee for continued use of some of all features of the Web Site after advance notification through the newsletter;
- 3.15 that it understands that any refunds of a subscription fee after the money-back guarantee period, for any reason, are subject to a 15% surcharge and are given on a case-by-case basis;
- 3.16 that it understands that an account and subscription is for personal use of the Product only, professional use is prohibited unless explicily permitted by a EBS New Media Officer. Any company found to contravene this clause may have all accounts suspended without warning (more information).
- 3.17 that it understands that an account and subscription licence is a per-user licence, and as such your login details and access should not be handed around for others to use. Doing so will violate this Agreement and your usage may be blocked at our discretion and without prior-warning.
- 3.18 that it understands that any offer or special service can be discontinued at our discretion and without prior-warning.
4. Exclusion of Liability/Disclaimer
- 4.1 EBS New Media Limited provides the Web Site and the Information on an "as is" basis and makes no warranty or representation whatsoever about the availability, completeness, accuracy, satisfactory quality, merchantability and/or fitness of the same for a particular purpose. The advertisers and the advertisements have not been checked by EBS New Media Limited and any information submitted or any reliance placed on the same is entirely at the risk of the User.
- 4.2 EBS New Media Limited makes no warranty or representation whatsoever about:
- 4.2.1 the reliability or technical efficiency of the Web Site;
- 4.2.2 the security measures (if any) contained in the Web Site and in particular the protection afforded to any Information, Disclosed Information or other information and data;
- 4.2.3 the suitability of the advertisements on the Web Site or the other web sites which may be accessible from the Web Site;
- 4.3 EBS New Media Limited excludes all liability (so far as is permitted by law) in respect of:
- 4.3.1 any advertisements or other web sites which can be accessed via the Web Site;
- 4.3.2 any information provided by third parties which can be accessed via the Web Site or which are contained in the Information and the Disclosed Information;
- 4.3.3 any damage to the User, the Users' computer hardware, software or other material or equipment resulting from the User accessing or using the Web Site, the Information or the Disclosed Information;
- EBS New Media Limited shall have the right at its sole discretion to terminate this Agreement and/or suspend or terminate the Information, the Disclosed Information and the Web Site forthwith and without notice to the User. In the event of termination or suspension the warranties and obligations of the User shall continue to apply.
- The User expressly agrees that any Disclosed Information, Information or other information including but without limitation the User's name, address, location and other relevant information relating to the User's personalisation of the Web Site can be stored and used by EBS New Media Limited without prior notification to the User. The storage and use of the Data is protected under UK law by the Data Protection Act (1998) and will be used for aggregated statistical analysis, e-mail newsletters and promotions. The User may decline to have its details used in this way, by terminating the Agreement and notifying the Webmaster by e-mail so that the User can be removed from the web site and internal databases.
7. Amendments to Terms and Conditions
- EBS New Media Limited reserves the right to vary these Terms and Conditions from time to time. The Users continued use or access of the Web Site after such variation shall be deemed to confirm the User's acceptance of any such variation. It is the User's responsibility to check these Terms and Conditions regularly to determine whether any such variation has been made. If the User does not wish to be bound by any varied Terms and Conditions it should cease using and accessing the Web Site forthwith.
- If any provision of this Agreement shall be prohibited by or adjudged by a Court to be unlawful void or unenforceable such provision shall to the extent required be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement and shall not in any way affect any other circumstances or the validity or enforcement of this Agreement.
9. No waiver
- No failure or delay on the part of any of the parties to this Agreement relating to the exercise of any right power privilege or remedy provided under this Agreement shall operate as a waiver of such right power privilege or remedy or as a waiver of any preceding or succeeding breach by the other party to this Agreement.
- EBS New Media Limited may freely charge licence transfer assign or otherwise dispose of any of its rights or obligations hereunder. The User shall not be entitled to charge license transfer assign or otherwise dispose of any of its rights or obligations hereunder without the prior written consent of EBS New Media Limited.
- 11.1 If any part of this Agreement is held by a court of a competent jurisdiction to be unenforceable, the validity of the remainder of the Agreement will not be affected.
- 11.2 This Agreement contains the full and complete understanding between the parties and supersedes all prior arrangements and understandings whether written or oral appertaining to the subject matter of this Agreement and may not be varied except by an instrument in writing signed by all of the parties to this Agreement.
- 11.3 This Agreement is governed by and construed in accordance with the laws of England and Wales and the English courts shall have exclusive jurisdiction.
- 11.4 The Company reserves the right to make any changes to this Agreement and that these changes will always be brought to your notice in this help topic for future reference. Your continued use of the Product after such variation shall be deemed to confirm your acceptance of any such variation. It is your responsibility to check these Terms and Conditions regularly to determine whether any such variation has been made. If you do not wish to be bound by any varied Terms and Conditions you should cease using and accessing the Product forthwith.
- 11.5 Should you have any questions concerning this Agreement please contact us at firstname.lastname@example.org.