Terms and conditions
Date: 30 November 2009
FiveSight LLP terms and conditions
This Site "MarketingTomorrow" is owned and operated by FiveSight LLP.
Please read this carefully. By accessing the MarketingTomorrow web site at www.marketingtomorrow.com (the "Site") you are agreeing to the terms that appear below, whether or not you register as a user. If you have any questions, please contact firstname.lastname@example.org
These terms are subject strictly to the terms of any agreement evidenced in writing and entered into by FiveSight LLP and the User or any other person or body on behalf of the User contracting for services on the basis that access to Marketing Tomorrow will be given to the User but to the extent that any such agreement does not apply these terms shall apply in full.
These Terms were last updated on 30 November 2009.
All or any of the following services may be supplied depending on the service package selected by you or for you:
(i) A database of information covering areas of advertising, marketing and research practice, associated services, the provision and purchase of media facilities including the internet and all practice of relevance to marketing, advertising, research and media professionals ("the Information Database")
(ii) Professional and Client Newsletters (“Newsletters”)
((i)–(ii) being collectively referred to as "the Services").
3. Use of Marketing Tomorrow Content
All material contained in the site ("Content") belongs to FiveSight LLP or its licensors. You may retrieve and display Content from the Site on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk (but not on any server or other storage device connected to a network) for your personal use. Except as expressly set out above, and specifically with the exception of printed and electronic Newsletters (which can be used by Users who are advertising marketing, media and research professionals to communicate with other clients and other professionals but with the User accepting full responsibility for any loss occasioned resulting from the use of such Newsletters ) Users may not reproduce, modify or in any way commercially exploit any of the Content. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without prior written permission from FiveSight LLP:
• redistribute any of the Content (including by using it as part of any library, archive or similar service)
• remove the copyright or trade mark notice from any copies of Content made under these Terms
• create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content. Requests to republish or redistribute Content should be addressed to FiveSight LLP
Save as provided for in any specific agreement of the type referred to in the introduction to these terms (expressed in section 1 hereof) or any other special arrangements made for accessing the Content individual registration will be necessary to access the site.
In the absence of any such specific agreement or special arrangements each registration is for a single user only. On registration, you will choose a user name and password. FiveSight LLP does not permit any of the following:
any other person sharing your user name and password
access through a single name and password being made available to multiple users on a network.
You are responsible for all use of the Site made by you or anyone else using your user name and password (collectively, "ID") even as prohibited by this agreement and for preventing unauthorised use of your ID. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID or any payment information, you must notify FiveSight LLP immediately by e-mailing email@example.com
Your access to the Services will continue for as long as payment, at the appropriate rate, is made by you or in accordance with any separate agreement of the type referred to in the introduction in section 1 of these terms.
5. NO WARRANTIES, EXCLUSION OF DAMAGES, LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY
Whilst every effort has been taken to ensure the accuracy of the information contained in the Services it is presented for your general information and use only and is not intended to address your particular requirements or those of your clients, potential clients, clients of anybody with whom you have a business relationship of any kind or any other person with whom the User or the User’s employer has a business relationship of any kind. In particular, the Content does not constitute any form of advice, recommendation or arrangement by FiveSight LLP and is not intended to be relied upon by users in making (or refraining from making) any specific investment or other financial or financially related decisions. Appropriate advice should be obtained before making any such decision. Any arrangements made between you and any third party named on this Site are at your sole risk and responsibility.
The Services are intended for use only by those suitably qualified to do so. The User acknowledges that the Services have not been prepared to meet individual requirements and that it is the responsibility of the User to ensure that the facilities and functions of the Services meet the User's individual needs. Content and format of the Services may be changed from time to time at the Supplier's discretion. The Services may not always provide facilities or functions specified in these terms. The Supplier makes no warranty as to the accuracy of Services or the performance of the Services, and does not warrant that the operation of the Services will be uninterrupted or error free. Risk in the Services passes to the User on use of the Services.
5.2 No Warranties
Because of the number of sources from which Fivesight LLP obtains content and the nature of electronic distribution via the internet, Fivesight LLP does not give any warranties in respect of the site, content, software or services available through the site (collectively, "site services"). In particular, the site services are provided on an "as is", "with all faults" and "as available" basis. to the extent allowed by applicable law, Fivesight LLP hereby disclaims all warranties, conditions or duties of every nature whatsoever (except any duties of good faith), including without limitation, any implied warranties of merchantability or of fitness for a particular purpose, any express or statutory warranties, and any warranties or duties regarding accuracy, timeliness, completeness, performance, lack or negligence or of workmanlike effort. Additionally, FiveSight LLP makes no warranty that the site services are free from infection by virus or anything else that has contaminating or destructive properties.
Also, Fivesight LLP does not provide any warranty against infringement or of title or quiet enjoyment and makes no express warranties.
5.3 No Incidental or Consequential Damages
To the full extent allowed by applicable law, you agree that FiveSight LLP will not be liable to you and/or any third party for any consequential or incidental damages (including but not limited to lost profits, loss of privacy or for failure to meet any duty including but not limited to any duty of good faith, lack of negligence or of workmanlike effort) or for any other indirect, special, or punitive damages whatsoever that arise out of or are related to the site services or to any breach of the terms by Fivesight LLP, even if Fivesight LLP has been advised of the possibility of such damages and even in the event of fault, tort (including negligence) or strict liability.
5.4 Limitation on Damages;Exclusive Remedy
You agree that your only recovery for any damages that you incur, and your exclusive remedy, shall be limited to the direct damages you actually incur in reasonable reliance on the applicable site service up to a limit of the following, at Fivesight LLP’s election:
(1) a refund of the amount you paid (if any) in total during the month in which the damage is first incurred, less any reasonable allowance for complying services, or
(2) correction or replacement of the service. all limitations will apply to all legal and equitable theories.
The Site contains links to other World Wide Web sites provided by independent third parties ("Third Party Sites"), either directly or through frames. FiveSight LLP is not responsible for the availability or content of Third Party Sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party Sites
7. Changes to these Terms
FiveSight LLP reserves the right, at its discretion, to make changes to any part of the Site. Due to its policy of updating and improving the site, FiveSight LLP may wish to change these Terms (including those relating to your use of the Content). When terms are changed, FiveSight LLP will notify you by e-mail or by publishing details of those changes by including them at the end of these Terms. If you use the Site after FiveSight LLP has published or notified you of the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site any further after they are published at the end of these Terms or after you receive notice of them.
8. Advertising and Sponsorship
Part of the Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. FiveSight LLP will not be responsible for any error or inaccuracy in advertising material.
9. Agreement to the gathering and use of information on the Users uses of the Services including the use of “Cookies”
By accessing this site and agreeing to its terms you agree to FiveSight LLP tracking the usage of the Services through “cookies” or other means and agree to FiveSight LLP having the right to provide that information to any person with whom they have a contractual relationship in connection with the provision of the Services to you.
10. Choice of Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with, English law.
The parties irrevocably agree that the courts of England shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.
For the exclusive benefit of FiveSight LLP, FiveSight LLP shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
Failure by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy. Headings in these Terms are for convenience only and will have no legal meaning or effect.
FiveSight LLP is a limited liability partnership registered in England and Wales under number OC344690 whose registered office is at The Old Railway Station, Long Melford, Sudbury, Suffolk, CO10 9HN, England.
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