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 terms and conditions

  1. 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.

  2. 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.

  3. The customer’s right to use the Service is not transferable.

  4. Customer is responsible for and must provide all telephone and other equipment and services necessary to access the Service.

  5. Customer shall be responsible for all use of the Service accessed through Customer’s password(s).

  6. 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.

  7. 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.

  8. Title, copyright and all other proprietary rights in the service shall remain vested in FVS.

  9. 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.

  10. 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.

  11. 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.

  12. 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).

  13. This agreement shall be governed by and construed in accordance with the laws of England.

  14. 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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