General
By registering for a Site-Pac account or contributing to site-Pac agreeing/acceptance to the terms and conditions (”Terms of use”) set forth herein apply to the website and web pages owned, operated, licensed and controlled by Visionary Media Ltd which is located at www.site-pac.co.uk (the “website”)
If you do not agree to the terms of use please do not access, browse or use the Site-Pac website.
Visionary Media may change add remove any part of this agreement or any part of the Site-Pac website. Your continued use of Site-Pac after we post and/or notify you about any such changes are unacceptable to you, you should discontinue using Site-Pac.
Restrictions
Restrictions on use of content and materials which includes all information products (e.g. data sheets, specification sheets, reports, software, service packs documentation, content and/or materials posted to the Site-Pac website) etc), or available through it.(materials) are the property of (Visionary Media Ltd) Site-Pac all rights retained with title and interest such material and all intellectual property rights, relating thereto, including without limitations all copyrights, trademarks, patents design and any other intellectual rights.
Illegal, tortuous prohibited conduct
Site-Pac may be used only for lawful and proper purposes. The laws and rules that apply in the off-line world must be obeyed on-line as well. Posting, promoting, using, distributing or storing strong content that could subject Site-Pac (Visionary Media Ltd) to any legal liability. Whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards is prohibited, including information and material protected by trade mark, trade secret, copyright, nondisclosure or confidentiality agreements or other intellectual property rights, that is obscene, defamatory, constitutes a threat, or violates export controls laws.
If Visionary Media Ltd (Site-Pac) elects to terminate your right to use Site-Pac as a result of any illegal or prohibited conduct Visionary Media Ltd (Site-Pac) may elect, in its sole discretion (subject to applicable law), not to refund any prepaid fees or other amounts to you.
Examples
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No posting of obscene content
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No planning of any illegal activity
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Using any false statements
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Engaging in copyright, trademark, infringement or secrets
Visionary Media Ltd (Site-Pac) reserves the right to cooperate with law enforcement officer’s authorities, court orders for subpoenas. If Visionary media Ltd (Site-Pac) decides to investigate or resolve possible misuse involving you or anything you do on Site-Pac is entitled, except to the extent, prohibited by applicable law to disclose any information about you in Site-Pac possession in connection with your use of Site-Pac and anything to do with Site-Pac to law enforcement or other government officials as (Visionary Media Ltd) Site-Pac in its sole discretion believes to be necessary or appropriate. By your acceptance of this agreement and your use of Site-Pac you authorise (Visionary Media Ltd) Site-Pac to take any such action.
Trial Periods
Site-Pac FREE trial period which cannot be longer than 48 hours. During the trial period you agree that (Visionary Media Ltd) Site-Pac will have the right (subject to applicable local law) to send you communications, notices and news about Site-Pac to any alternative e-mail address you have given us local law may allow you to revoke your consent to receiving these communications at any time during the trial period. You will also subject to the provisions of this agreement during the trial period. If you do not become a member prior to the end of your trial period, your access to Site-Pac will be terminated and all content you may have created on Site-Pac during the trial period will be deleted. Any information you have given us with respect to your trial period use will be in our system and will be subject to the terms of (Visionary Media Ltd) Site-Pac corporate privacy policy. Any individual features of Site-Pac you may have used during the trial period which are subject to separate software licenses also be terminated.
Disclaimer
The material and content in Site-Pac are provided “as is” and available basis without warranties of any kind either expressed or implied. To the fullest extent permissible pursuant to applicable law, (Visionary Media Ltd) Site-Pac disclaims all warranties, expressed or implied including, but not limited to implied warranties of merchantability infringement and fitness for a particular purpose.
Visionary Media does not warrant that the material and content displayed or otherwise available in the website will be accurate, complete reliable, current, uninterrupted or error free or that this website or the service(s) that makes this website available are free of virus or other harmful components.
The company (Visionary Media Ltd) does not warrant or make any representations regarding the use o materials or content in this website in terms of their correctness, accuracy, reliability or otherwise. You are responsible or taking all precautions you believe necessary. Or advisable to protect you against claim damage loss or hazard that may arise by virtue of your use after reliance upon website and/or any of the material.
Limited Liability
Under no circumstances whatsoever will (Visionary Media Ltd) Site-Pac even if advised of the possibility of such damages be responsible or liable to you or to any other entity for any direct compensatory, indirect, incidental, consequential including lost profits and lost business opportunities, special exemplary or punitive damages that result from or relate in any manner whatsoever to your use of Site-Pac, or reliance in any of the materials or to any errors, inaccuracies, omissions, defects security breaches or any other failure.
Payment
If you elect to become a Site-Pac member you agree to pay all charges for Site-Pac at the prices set forth on the Site-Pac site and upon the terms set forth on that site and in this agreement all charges are exclusive of any value added tax
(vat) sales tax or other taxes except as required by applicable law. Visionary Media Ltd reserves the right to change prices or to institute new charges for Site-Pac or any portion of Site-Pac at any time, upon prior notice. Price changes at institution of new charges implemented during membership period will apply to subsequent membership periods and all new Site-Pac users after the effective date of the change. All pricing changes will be posted on the Site-Pac site and such posting shall be considered sufficient notice to such changes you are responsible for regularly reviewing pricing information as posted so that you have notice to such changes. Your continued use of Site-Pac or your failure to terminate your membership, after any changes are posted for effect, will constitute you acceptance of the prices for subsequent membership periods.
Consult your Site-Pac account management page for details on billing currency for services purchased on-line. Invoices will be provided electronically. Site-Pac will charge monthly or annual of your preference and any fee and any fees for additional Site-Pac features or service, to the credit card provided by you. You also agree that Visionary Media Ltd may automatically charge your credit card for renewal of your membership without further authorisation from you, unless and until you provide Visionary Media Ltd with at least five (5) days prior notice that you do not wish to renew your membership to Site-Pac or that you wish to change your previously designated credit card. You may provide notice that you do not wish to renew your Site-Pac membership. Site-Pac will require 30 days notice prior to the anniversary of the membership. If payment is not received to Visionary Media Ltd from your credit card issuer or its agent you agree to pay all amounts from you for your Site-Pac membership on demand.
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Important, please read carefully
This End-User License Agreement (the "Agreement") is a legal agreement between You (either an individual or a single entity) and Visionary Media Ltd. (hereafter "Site-Pac") for the Products (as defined below). If you do not agree to be bound by any and all of the terms of this Agreement, please do not access or use any of the Site-Pac products. By selecting and clicking the "ACCEPT" button below, you agree to be bound by this agreement. If you do not agree to be bound by any and all of the terms of this agreement, please click on the "I DO NOT ACCEPT" button below and do not access or use any of the Site-Pac products or services Visionary Media Ltd reserves the right to revise this Agreement at any time.
"Site-Pac the service and product" shall mean the object code of the software program and the Site-Pac interface environment made available to You and Your end users pursuant to this Agreement for use via the World Wide Web and all Intellectual Property pertaining thereof, including, the Visionary Media e-brochure, the servers, infrastructure, computer programs, software products (including any third party software products), databases, files and data either used to operate the Product or incorporated therein, the system and processes, the documentation, modifications and enhancements.
The License and Other Services
Visionary Media Ltd hereby grants to You, for the term of Your Agreement, a non-exclusive, personal, non-transferable, non-sub licensable worldwide license to access and use the Product in accordance with its intended use written instructions and specifications ("Visionary Media Ltd - Site-Pac").The Product is licensed to You, not sold, and only licensed to You and not any third party. This Agreement shall commence upon acceptance by You and shall continue for the period agreed upon between You and Visionary Media Ltd, unless terminated earlier by either party in the event of a material breach of this Agreement by the other party that has not been cured, to the first party's satisfaction, within thirty (30) days of a written notice thereof by the non-breaching party.
You may utilize the Product solely on a website or email single or multi unified resource locator address ("URLs"). However, in the event more than one license has been acquired by You, multiple URLs are permitted up to the number of e-brochures granted to You
Visionary Media Ltd (Site-Pac) shall provide technical support to you in the use of the Product, during regular business hours (i.e. 9am-5.00pm, GMT) Site-Pac shall respond to you via email to your support request within a reasonable time-period.
Restrictions
Other than the rights expressly licensed hereunder to You, no other rights or interest whatsoever in the Product are granted to You. Without limiting the foregoing, You may not: (i) use the Product not in conformity with Site-Pac’s written instructions and specifications; (ii) reverse engineer or decompile, modify or revise the Product or any part thereof (iii) provide or share the username and/or passwords assigned to You with any third party; (iv) use the Product to perform any illegal transfer of information (e.g. transfer of files in violation of a copyright); or other unauthorized conduct (v) use the Product for any unlawful purpose (including, without limitations copyright infringement) within its entirety.
Visionary Media Ltd (Site-Pac) reserves the right to immediately terminate services and forfeit any rights of any user who does not abide by the above restrictions.
Ownership of Intellectual Property
Visionary Media Ltd (Site-Pac) owns and shall retain all rights, including Intellectual Property, in and to the Product, including any new version releases, updates, enhancements, modifications or improvements made thereto. You acknowledge Visionary Media Ltd (Site-Pac)'s exclusive rights in the Product and that the Product is unique and original to Visionary Media Ltd (Site-Pac) and that Visionary Media Ltd (Site-Pac) is the owner thereof.
Visionary Media Ltd (Site-Pac)™, Video-insert-pages (VIP)™ and other names, logos are icons identifying Visionary Media Ltd (Site-Pac) and its products are trademarks of Visionary Media Ltd (Site-Pac). Except as expressly set forth herein, no right, license, or interest to such trademarks are generated or granted hereunder.
You shall not remove or alter any copyright notice, trademark or other proprietary or restrictive notice or legend affixed to, contained or included in, the Product and any material provided by Visionary Media Ltd (Site-Pac).
You shall cooperate fully with Visionary Media Ltd (Site-Pac) in protecting Visionary Media Ltd (Site-Pac)'s rights in the Product. Without limiting the foregoing, You agree to notify Visionary Media Ltd (Site-Pac) promptly in the event that You become aware of any infringement of such rights.
By using the Product, You understand, agree and authorize Visionary Media Ltd (Site-Pac) to use screenshots of your implementation of the Product as it appears on Your website in any way deemed necessary in order to show how the Product is being implemented by users, and for that purpose alone.
Copyright Infrigement Policy
Visionary Media Ltd (Site-Pac) is committed to protecting the rights of copyright right holders and seek to comply with all applicable laws and regulations regarding the protection of intellectual property. Unauthorized copying, distribution, modification, public display or public performance of copyrighted works is a copyright infringement, and Visionary Media Ltd (Site-Pac) will undertake appropriate steps against copyright repeat offenders. Visionary Media Ltd (Site-Pac) will process any notices of alleged copyright infringement and will take appropriate actions. Visionary Media Ltd (Site-Pac) will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Notices of claimed infringement should be directed to the Designated Agent by mailing all required documentation to: Visionary Media Ltd (Site-Pac), Unit 54 Easton Business Centre, Felix Road, Bristol BS5 0HE United Kingdom.
No Warranty
You acknowledge, that to the maximum extent permitted by applicable law, the product, service, the web-site and other materials provided to client under this agreement are provided on an "AS IS" basis. Visionary Media Ltd (Site-Pac) disclaims any and all warranties relating to the product and other materials express or implied, including but not limited to the implied warranties of non-infringement of third party rights, merchantability and fitness for a particular purpose.
Liabilities and Indemnities
You recognize and agree that any information or content of any kind, posted, uploaded, exported, emailed or otherwise transmitted, by You via the Product, including without limitation any business or personal information or third parties' information (the "Client Information") is transmitted at Your sole risk. You shall remain at all times solely responsible for the full accuracy, reliability, integrity, quality or validity of any statement or any other detail contained in the Information. You are responsible to make sure that the Information has been legally obtained and that Your use of such information complies with the requirements of all applicable laws. You further undertake not to transmit any information in violation of any applicable law or regulation, including without limitation, laws and regulations regarding data protection, security or privacy laws; and not to act in any way whatsoever, which was the effect or is likely to have the effect of violating the privacy of any person or entity.
You shall indemnify and save harmless Visionary Media Ltd (Site-Pac) and its directors, officers, employees, representatives and agents ("Related Parties") against all demands, claims, actions, liabilities, losses, costs, damages or expenses whatsoever (including reasonable attorneys' fees) ("Damages") asserted against, imposed upon or incurred by Visionary Media Ltd (Site-Pac) and/or any of its Related Parties resulting from or arising out of the use of any Information, contents and output, including, without limitations, infringement of third party's rights by such use or by such Information.
IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, WORK STOPPAGE, SAVINGS, OR REVENUES OF ANY KIND, OR FOR LOST DATA, DAMAGE TO OTHER SOFTWARE, COMPUTER FAILURE OR MALFUNCTION OR DOWNTIME, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE CUMULATIVE LIABILITY OF VISIONARY MEDIA LTD (SITE-PAC) FOR ALL CLAIMS RELATING TO THE PRODUCT OR THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY CLIENT UNDER THIS AGREEMENT.
Press Relations
You shall publicly credit Visionary Media Ltd (Site-Pac) as creator of the Product by stating in press materials related thereto that the Product is licensed from Visionary Media Ltd (Site-Pac) Forward to Visionary Media Ltd (Site-Pac) all press releases and formal press materials mentioning the Product for prior review and written approval.
Miscellaneous
(a) This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof; (b) This Agreement shall be governed by the laws of the UK, without giving effect to any principles of conflicts of laws thereof, and the eligible courts of the UK, shall have exclusive jurisdiction over all disputes between the parties; (c) The parties hereto are and shall remain independent contractors; (d) This Agreement represents the entire agreement concerning the Product between You and Visionary Media Ltd (Site-Pac), and it supersedes any oral or written prior proposal, representation, or understanding between the parties.
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Visionary Media Ltd (Site-Pac) takes the privacy of its users seriously. We are committed to safeguarding the privacy of our users while providing a personalised and valuable service. This Privacy Policy statement explains the data processing practices of Visionary Media Ltd (Site-Pac). If you have any requests concerning your personal information or any queries with regard to these practices please contact our Privacy Officer by e-mail at Visionary Media Ltd (Site-Pac).
Our site contains links to third party sites which are not subject to this privacy policy. We recommend that you read the privacy policy of any such sites that you visit.
Information Collected
Personal information is collected by Visionary Media Ltd (Site-Pac) listed below on behalf of the Visionary Media Ltd (Site-Pac) Group of companies.
We collect personally identifiable information about you (your "Data") through:
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the use of enquiry and registration forms
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when you purchase any of our products or services
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the provision of your details to us either online or offline
The elements of your Data that we collect may include:
- Name
- Job title
- Company name
- Company address, phone and fax number
- Home address and phone number
- Mobile telephone number
- E-mail address
- Payment details such as credit card information
- Market research data such as readership patterns
If you are a Visionary Media Ltd (Site-Pac) or it subsidiaries company subscriber we may also collect information regarding your use of the service. We also collect information automatically about your visit to our sites.
Use and Disclosure of Personal Information
We use your Data for purposes which may include:
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providing our users with a personalised service
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processing orders, registrations and enquiries
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conducting market research surveys
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running competitions
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providing you with information about products and services we offer (providing you agree to receive such information)
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sharing your Data with third party organisations who offer products or services which we feel may be of interest to you (providing you agree to receive such information)
If you wish to receive information about Visionary Media Ltd (Site-Pac) products or services or from other carefully selected organisations about products or services they offer, please indicate your preferences using the consent boxes when providing us with your Data.
We may also disclose your information to business partners and to third party suppliers we engage to provide services which involve processing data on our behalf, successors in title to our business or in accordance with a properly executed court order or otherwise required to do so by law.
We also use information in aggregate form (so that no individual user is identified):
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to build up marketing profiles
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to aid strategic development
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to manage our relationship with advertisers
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to audit usage of the site
Use of Cookies and Other Tracking Devices
We use cookies to help personalise your use of our sites. A cookie is a small piece of information which is sent to your computer's hard drive by the web server so that the website can remember who you are. This information may include information relating to your use of our sites, information about your computer such as the computer's IP address and browser type, demographic data and, if you arrived at our site via a link from third party site, the URL of the linking page. If you are a registered user or subscriber this may include your name and email address , which may be transferred to data processors for registered user or subscriber verification purposes.
We use information from cookies for purposes which may include:
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identifying returning users, registrants and subscribers and to allow subscribers to be presented with a personalised version of the site
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enabling you to move more easily around our site
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tracking your use of our site to better develop our sites in accordance with your requirements
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building up a demographic profile
You can delete cookies from your hard drive at any time however this will mean that any settings such as your stored username and password will have to be reset. You can set your internet browser so that it will not allow cookies to be stored on your computer. This may reduce functionality of the site, prevent access to subscriber-only areas of the site and mean that certain features or content will not be available to you. Further information on how to prevent cookies from being stored on your computer can be found on www.allaboutcookies.org under the "manage cookies" section. Alternatively go to the help menu within your internet browser.
Security Policy
Visionary Media Ltd (Site-Pac) companies have appropriate measures in place to ensure that our users' Data is protected against unauthorised access or use, alteration, unlawful or accidental destruction and accidental loss. User Data may be transferred outside the Visionary Media Ltd (Site-Pac) group to data processors such as fulfillment houses but they will act only on our instructions to provide the services required.
Transfer of Data
The Internet is a global environment. Using the Internet to collect and process personal data necessarily involves the transmission of data on an international basis. Therefore, by browsing the Visionary Media Ltd (Site-Pac) Sites and communicating electronically with us you acknowledge and agree to our processing of personal data in this way. By agreeing to our transfer of your Data to third party organisations for them to send you details of products and services offered (as detailed above) you are deemed to provide your consent to any transfer of your Data to organisations based outside the European Economic Area.
In accordance with the Data Protection Act 1998, you may request a copy of the personal information we hold about you by contacting the Privacy Officer by e-mail at www.visionary-media.co.uk
Children under 14
We do not intentionally collect any information on children under 14 years of age. We will undertake to delete any details of such users where a parent or guardian has notified us that any such details have been obtained.
Changes to this Policy
From time to time we may make changes to this privacy policy statement to reflect any changes to our privacy practices in accordance with changes to legislation, best practice or website enhancements.
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