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Terms & Conditions


This Agreement sets out the terms and conditions relating to the online content provided free of charge and content subject to payment (“Free and Paid-for Content”) that Maurice Savage (“the Siteowner”) will provide to you (“the User”).  By accessing www.videohistorytoday.com (“the Site”) the User is agreeing to the terms and conditions below. If the User uses the Site in the course of business the User is also agreeing to these terms and conditions on behalf of that business. If the User does not agree with the terms and conditions (or the User is not authorised to do so) the User should not use the Site. If the User has any questions they should contact the Siteowner at admin@videohistorytoday.com.


Definitions


A “school” is an institution for the instruction of children or people under college/university age.  A “college” is an institution of higher learning offering special instruction in professional or technical subjects;  it does not have a graduate school or professional schools that award master's degrees and doctorates or an undergraduate division that awards bachelor's degrees.  A “university” is an institution for higher learning with teaching and research facilities constituting a graduate school and professional schools that award master's degrees and doctorates and an undergraduate division that awards bachelor's degrees.


Purchase


By submitting credit or debit card details to the Siteowner the User warrants that they are entitled to purchase the product/licence using those payment details. In the event of an unauthorised payment the Siteowner reserves the right to terminate the User’s order. If no payment authorisation is received or payment authorisation is subsequently cancelled, the Siteowner may immediately terminate the sale.


Purchasers of video clip products for instant download use Clickbank.  Clickbank is the Internet's leading retailer of digital products.  Your credit card data is passed directly to Clickbank and no one but Clickbank has access to your sensitive information.   


The User does not have to register to use the Site in order to access it and enjoy the content.


Copyright Information


The original digital content (digital content including images, text, and audio and video recordings) of this web-site and the video clip products is copyright © Video History Today. The original digital content may not be redistributed, resold or forwarded in any way to a third party. Use of the material is restricted to the individual or school/site who purchased the video clip product/licence.  The original material may be copied, edited, cut and reused but only within the school/site which purchased the video clip product.  In the case of College and University Packages, the extended licence allows use as explained above in the purchasing College or University.  Colleges and Universities are not authorised to purchase a single product for use throughout the site: single school licences cannot be used  The edited digital content (for example, students’s work) containing original material from Video History Today video clip products may not be resold or forwarded in any way to a third party except: it may be uploaded to video sharing sites for viewing only (such as YouTube) or to the school, college or university web site as applicable.


Limitations on Use of the Site


All content and services provided by the Siteowner belongs to the Siteowner.  The Siteowner own all the intellectual property rights in the content and services.


The content and services provided are solely for the personal use of the User and the User shall not sub-license, distribute, sell or supply any content or service provided under this Agreement.


The User shall not remove or replicate any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures or any other like marks affixed to or embedded in the content or services.  The User shall not carry out any act or omission or permit any act or omission to take place that infringes or is likely to infringe any intellectual property rights owned or used by the Siteowner or otherwise relating to the Site.


Limitation of Liability and Indemnity


The User expressly agrees that the use of, and browsing of the Site is at the User’s own risk. Neither the Siteowner nor any other party involved in creating, producing or delivering the Site, is liable for any direct, incidental, special, consequential, indirect or punitive damages arising out of the User’s access to, or use of, or inability to use the Site or any linked site or for the cost of procurement of substitute goods or services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the Site or resulting from any unauthorised access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible property including legal costs and expenses, even if the Siteowner has been advised of the possibility of such damages.


The User expressly agrees that the downloading of any material from the Site is at the User’s own risk. Neither the Siteowner nor any other party involved in creating, producing or delivering the Site, is liable for any direct, incidental, special, consequential, indirect or punitive damages resulting from the User downloading material from the Site or any linked site, including but not limited to, damages for loss of profits, use, data or other intangible property including legal costs and expenses, even if the Siteowner has been advised of the possibility of such damages.


Without limiting the foregoing, everything on the Site is provided to the User “as is” and “as available” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose or non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to every User. The User must check their local laws for any restrictions or limitations regarding the exclusion of implied warranties.


While the Siteowner will use reasonable efforts to include accurate and up to date information on the Site, the Siteowner makes no warranties or representations as to its accuracy or completeness. The Siteowner is not responsible for any errors or omissions or for the results obtained from the use of such information. The information is provided with the understanding that the information does not constitute any form of advice, recommendation or arrangement by the Siteowner or its affiliates or any other party involved in the Site and is not intended to be relied upon by Users in making (or refraining from making) any decisions based on such information.  The User must make their own decisions on whether or not to rely on any information posted on the Site.  The Siteowner reserves the right to modify information displayed on this Site but it does not make any commitment to update the information displayed on this Site.


No party [other than the Siteowner] who is involved in the workings of the Site,  will at any time be liable or responsible in any way for the content, and information provided on or via the Site and for the User’s use of the Site.


From time to time the Siteowner will make available to the User links from the site to third party sites. These sites are not in any way approved, checked, edited, vetted or endorsed by the Siteowner and the User agrees that the Siteowner shall not be responsible or liable in any way for the content, advertising or products available from such sites, the quality, functionality, suitability or legality of such sites or for any dealings that the User may have, or the consequences of such dealings, with such third party site operators.


Any arrangements made between the User and any third party named on the Siteowner’s Site are at the User’s sole risk and responsibility and the Siteowner expressly disclaims any liability for third party information or opinions posted on this Site or any linked Sites that arises under criminal or civil laws relating to defamation, intellectual property, infringement, privacy, obscenity, or any other area of law.


Indemnity


The User agrees to indemnify, keep indemnified, defend and hold the Siteowner and its parent companies, subsidiaries, affiliates and their respective officers, directors, employees, owners, agents, information providers and licensors, (collectively the “Indemnified Parties”) harmless from and against any and all claims, damages, liability, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any Indemnified Party and any claims or legal proceedings which are brought or threatened arising from the User’s use of, connection with or conduct on the Site or any breach by the User of these terms.  The Siteowner reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, and in such case, the User agrees to co-operate with the defence of such claim.


Proper Law and Jurisdiction


This Agreement and all matters arising from it shall be governed by and construed according to the laws of England and Wales and shall be subject to the [exclusive] jurisdiction of the courts of England and Wales.


Entire Agreement


This Agreement supersedes all prior agreements, arrangements and undertakings and constitutes the entire agreement relating to the subject matter of this Agreement. The User confirms that they have not entered into this Agreement on the basis of any representation that is not expressly incorporated into this Agreement.

 

September 2010