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The media database service (the "Service") consists
of electronic document storage services provided by Fluid Vision Systems ltd
(FVS). These terms and any Operating Rules published over the Service
constitute the entire agreement to the exclusion of all other terms and
conditions, whether express or implied and supersede all other
communications.
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Upon notice published over the Service, FVS may modify the Operating
Rules, and may revise any or all other aspects of the Service at its sole
discretion with 30 days prior notice.
- The customer’s right to use the Service is not transferable.
Customer is responsible for and must provide all telephone and other
equipment and services necessary to access the Service.
Customer shall be responsible for all use of the Service accessed
through Customer’s password(s).
Customer expressly agrees that use of the service is at Customer’s
sole risk. FVS does not warrant that the service will be uninterrupted or
error free; nor does FVS make any warranty as to the results to be obtained
from use of the service. The service is provided without warranties of any
kind, either express or implied, including but not limited to implied
warranties merchantability or fitness for a particular purpose, other than
those warranties which are implied by and incapable of exclusion,
restriction, or modification under the laws applicable to this agreement.
Neither FVS anyone else involved in creating, producing or delivering the
service shall be liable for any direct, indirect, incidental, special or
consequential damages however so arising. Customer expressly acknowledges
that the provision of this paragraph shall also apply to any third party
content.
Customer agrees to indemnify FVS against liability arising from any and
all use of customer’s account. The customer expressly agrees that it
is solely responsible for ensuring that material subject to the service does
not infringe any intellectual property right and hereby indemnifies FVS
against all damages, costs, charges and expenses arising from or incurred by
reason of any infringement or alleged infringement of any intellectual
property right.
Title, copyright and all other proprietary rights in the service shall
remain vested in FVS.
FVS may terminate this agreement by the provision of 3 months prior
written notice to the customer. In such circumstance, the customer will be
credited that portion of the annual fee that is attributable to the
un-expired portion of the agreement. This shall be calculated on a pro-rata
basis with the time remaining between the expiry of the three months notice
of cancellation and the expiry of this agreement expressed as a percentage
of the period of this agreement and multiplied by the annual charge. This
credit will be made exclusive of any interest charges.
The customer may not use the service to store material of an explicit or
pornographic nature, nor any material that contravenes any law or regulation
in force in the United Kingdom or in force in any country from which the
service is accessed.
Should the Customer breach any provision of this agreement, the
Customer’s access to and use of the service may at the sole option to
FVS, be terminated without prior notice and without compensation or refund
of any part of any payment that is due or has been made.
Charges for the services provided under this Agreement will be payable
annually in advance. Terms of payment on all charges are net, thirty days in
the currency in which billed. If any payment due hereunder is not made by
the customer within thirty (30) days after the invoice date, FVS may at its
sole discretion and without notice (a) suspend its performance under this
agreement and the Customer’s access to and use of the Service, or (b)
terminate this agreement in accordance with paragraph 11 (above).
This agreement shall be governed by and construed in accordance with the
laws of England.
If any provision of this Agreement is determined to be invalid, all
other provisions shall remain in full force and effect. The provisions of
paragraphs 6,7, and 8 and all obligations and restrictions on customer and
its designated users shall survive any termination of this Agreement.
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