RSS (latest case studies)Terms and Conditions (the “Terms")
By using CMDglobal.com you agree to be legally bound by these Terms. These Terms may be updated from time to time without notice to you. You should review these Terms accessible via www.cmdglobal.com (the “Site") periodically for any changes.
1. Interpretation
1.1 In these Terms:
'Case Studies' means the case studies of various examples of media strategy and placements in advertising including an analysis and commentary written by C Squared;
'CMD' means the database comprising the Case Studies available at the Site;
'Contract' means the contract for the provision of the CMD to You on the basis of these Terms;
'C Squared' means C Squared Communications Limited, incorporated in England and Wales under registered number 04381130, whose registered office is C/O 2020 Chartered Accountants, 1 Saint Andrews Hill, London EC4V 5BY;
'DPA' means the Data Protection Act 1998 and all regulations under that Act and codes of practice and guidance issued by the Information Commissioner;
'Effective Date' means the date on which the Contract is made;
'Force Majeure' means any event affecting the performance of any provision of this agreement arising from or attributable to acts, events, omissions or accidents which are beyond the reasonable control of a party including, without limitation, any abnormally inclement weather, flood, lightning, storm, fire, explosion, earthquake, subsidence, structural damage, epidemic or other natural physical disaster, failure or shortage of power supplies, war, military operations, riot, crowd disorder, strike, lock-outs or other industrial action, terrorist action, civil commotion and any legislation, regulation, ruling or omission (including failure to grant any necessary permission) of any relevant government, court or competent national authority;
'Intellectual Property Rights' means patents, trade marks, service marks, rights (registered or unregistered) in any designs, applications for any of the foregoing, trade or business names, copyright (including rights in computer software) and topography rights, know-how, secret formulae and processes, lists of suppliers and customers and other proprietary knowledge and information, internet domain names, rights protecting goodwill and reputation, database rights and all rights and forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world and all rights under licences and consents in respect of any of the rights and forms of protection mentioned herein;
'Password' means the password selected by you in the registration process to gain access to the CMD;
'Standard Charge' means C Squared's standard charge for the provision of the CMD, as set out on the Site or as varied from time to time;
'Week' means each period of seven (7) days beginning on or after the Effective Date and ending on a Friday; and
'You' or 'Your' means the person for whom C Squared has agreed to provide the CMD in accordance with these Terms, and includes any individual who uses the CMD on behalf of that person.
1.2 In these Terms, unless otherwise stated:
(a) a reference to a statute or statutory provision includes that statute or provision as amended, extended, re-enacted or consolidated from time to time and all statutory instruments or orders made under it;
(b) words denoting the singular include the plural and vice versa, words denoting one gender include the others, and words denoting persons include firms, corporations or other legal entities;
(c) 'these Terms' means the terms and conditions set out in this document, as amended or extended from time to time; and
(d) 'writing' or any cognate expression includes a communication by fax or similar means (but not e-mail, text message or similar means).
1.3 The headings in these Terms are for convenience only and shall not affect their interpretation.
2. Registration
2.1 To use the CMD, You must first complete the registration process on the Site.
2.2 If You register with the Site on behalf of another individual, firm, company or other person, You must ensure that the other person is aware of and agrees to these Terms, and You warrant that You have done so and are authorised to bind that other person.
2.3 Each registration is for a single user only. In order to access the CMD, You will be required to enter the Password in the appropriate place on the Site. You are not permitted to share your Password with any other person or access through a single Password being made available to multiple users on a network. C Squared may cancel or suspend your access to CMDglobal.com if you do this without further obligation to you.
2.4 You may change Your Password at any time. You are responsible for the security and proper use of the Password and must take all necessary steps to ensure that the Password is kept confidential, and is used properly and not disclosed to unauthorised people.
2.5 You must inform C Squared immediately if You have any reason to believe that a Password has become known to someone not authorised to use it or if a Password is being or is likely to be used in an unauthorised way. C Squared will not be liable if a Password is disclosed or used improperly.
2.6 If C Squared has reason to believe that there is likely to be a breach of security or misuse of the CMD, C Squared may change Your Password and notify You accordingly.
2.7 If You forget a Password, You will be given a new Password once You contact C Squared and satisfy the security checks which C Squared operates.
2.8 You confirm that all the information supplied by You during the registration process is true, complete and accurate in all respects. You agree to notify C Squared immediately of any changes to Your registration information. If C Squared believes that You have provided false information or that You have intentionally failed to notify C Squared of any changes to this information, C Squared reserves the right to terminate Your access to the CMD immediately and without notice.
3. Use of CMDglobal.com
3.1 C Squared shall provide access to the CMD to You as from the Effective Date, subject to these Terms and You having paid the Standard Charge.
3.2 C Squared hereby grants to You a non-exclusive licence to access the CMD and use the Case Studies only for the purposes of Your business of which You have notified C Squared as part of the registration process.
3.3 You shall be entitled to store the Case Studies in electronic form on Your own computer system and keep copies of Case Studies for Your own business purposes, but shall not be entitled to publish, sell, reproduce, upload, transmit, license, distribute or otherwise deal with the Case Studies or any part thereof, except as expressly permitted by these Terms.
3.4 You shall be entitled to reproduce extracts from the Case Studies for incorporation into a presentation to Your customers or clients provided that an acknowledgement of C Squared as the source of the information is given.
3.5 You shall not adapt or convert or authorise others to adapt or convert the Case Studies or any part of the Case Studies into any other form.
3.6 You shall comply with all applicable laws and regulations in using the CMD and the Case Studies.
3.7 It is Your responsibility to ensure that:
3.7.1 Your computer hardware and software, networking, telecommunications systems, Internet access, e-mail and all other necessary facilities have the necessary functionality and are in proper working order, and You have all necessary consents and licences to use the CMD; and
3.7.2 You have in place all necessary industry standard safeguards to restrict third party access to Case Studies.
3.8 You agree to indemnify C Squared and any of its officers, employees and agents against any loss, liability, damages, costs or expenses of any kind incurred or suffered and any claims or legal proceedings which are brought or threatened, in each case arising from Your use of the CMD, or any breach of these Terms.
3.9 C Squared reserves the right to make changes to the CMD from time to time.
3.10 C Squared reserves the right to inspect the use made of the CMD by You and Your compliance with these Terms at any time. You will permit a representative of C Squared to visit Your premises and to have access to any computer equipment on request at reasonable notice for these purposes.
3.11 If You register with the Site using two or more email addresses any special terms applying to such registration, including without limitation, promotional offers and special rates, will apply only to one of such registrations.
4. Payment
4.1 In consideration of the provision of access to the CMD and the right to use the Case Studies, You agree to pay to C Squared the Standard Charge.
4.2 C Squared shall, at its sole discretion, be entitled to vary the Standard Charge from time to time without notice to You.
4.3 Payment of C Squared's Standard Charge by You for the use of the CMD shall be made by either debit of credit card. Further details are set out on the Site. Payment is made through our agent, Paypal, and subject to their terms and conditions.
4.4 If we do not receive payment authorisation or any authorisation is subsequently cancelled, we may immediately terminate or suspend your access to CMDglobal.com.
4.5 Refunds on purchased credits will be offered at our discretion.
5. Intellectual property
5.1 Except as expressly provided in these Terms, C Squared reserves to itself the entire worldwide copyright, database right and all other rights, title and interest in and to the Site, the CMD and the Case Studies.
5.2 You will not remove any notice of copyright, database right, trade mark or proprietary marking on the Site or on any Case Studies or any part of the CMD.
6. Disclaimer
6.1 C Squared warrants to You that the CMD has been compiled using reasonable care and skill, however, C Squared does not give any warranty, guarantee or other representation or term as to the quality, fitness for purpose or otherwise of the CMD.
6.2 You acknowledge that all implied warranties and conditions are excluded to the maximum extent permitted by law and in particular:
6.2.1 a Case Study is not intended to constitute a definitive and complete representation of the media campaign to which it relates;
6.2.2 the CMD includes archived information and resources, which may be incorrect or out of date; and
6.2.3 the CMD and C Squared's means of delivering it may be incompatible with Your software or computer configuration.
6.3 You hereby acknowledge that You have no interest or rights in or to any Intellectual Property Rights associated with the CMD, all of which belong to C Squared.
6.4 C Squared shall use reasonable endeavours to ensure that all information contained on the CMD is true and accurate.
6.5 You acknowledge that C Squared makes no warranty, assurance or representation as to the quality, accuracy or completeness of any information or material contained on the CMD, to the extent that such information or material was created by a third party.
7. Liability
7.1 Nothing in this Contract shall exclude or restrict either party's liability for death or personal injury resulting from the negligence of that party or of its employees while acting in the course of their employment, or for fraud or for any other liability that cannot be excluded or limited by applicable law.
7.2 Subject to Clause 7.1, C Squared will not be liable to You, in contract, tort (including negligence) or otherwise for any indirect loss or damage, or any economic loss including direct or indirect loss of profits, business, contracts, revenues, goodwill, production and anticipated savings of every description, of any kind arising under this Contract, howsoever caused and even if foreseeable.
7.3 Neither party shall be liable to the other under this Contract for any loss, damage, cost, expense or other claim for compensation arising as a direct or indirect result of breach or non-performance of this Contract due to Force Majeure.
8. Termination
8.1 The term of the Contract shall commence on the Effective Date and shall continue until terminated in accordance with the following provisions.
8.2 C Squared may forthwith terminate the Contract by giving written notice to You if You commit any material or persistent breach of the Contract.
8.3 On termination of the Contract for any reason you will forthwith cease to use the CMD.
9. Miscellaneous
9.1 C Squared may assign its rights under the Contract to any person and upon any such assignment C Squared will be relieved of any further obligation under the Contract, but the Contract is personal to You and may not be assigned by You.
9.2 Nothing in the Contract shall constitute or be deemed to constitute a partnership between C Squared and You or create or be deemed to create a relationship of principal and agent between C Squared and You.
9.3 C Squared's failure to exercise any particular right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by C Squared to You in writing.
9.4 A person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 or otherwise to rely upon or enforce any term of the Contract.
9.5 The Contract shall be construed in accordance with and governed by the laws of England and Wales. You irrevocably agree to submit to the non-exclusive jurisdiction of the English Courts, and waive any right to object to that jurisdiction on the grounds that it is an inconvenient forum or otherwise.
9.6 The Contract (together with the details of the CMD on the Site) contains the entire agreement between the parties with respect to its subject matter, to the exclusion of any other terms or conditions which You may put forward, and may not be modified except by an instrument in writing signed by the duly authorised representatives of C Squared and You.
9.7 You acknowledge that, in entering into the Contract, You do not do so in consideration of or in reliance on any representation, warranty or other provision except as expressly provided in the Contract and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law, but nothing in the Contract shall affect the liability of either party for fraudulent misrepresentation.
9.8 If any provision of the Contract is held by any Court or other competent authority to be invalid or unenforceable in whole or in part, the Contract shall continue to be valid as to its other provisions and the remainder of the affected provision.
9.9 Any notice to be given under the Contract shall be in the English language and sent by personal delivery, first class post or facsimile transmission to C Squared at its registered office, or to You at the address given by You as part of the registration process, unless a change of such address has been notified in writing to C Squared or You as appropriate. Notices sent by personal delivery or facsimile transmission shall be deemed received no later than the time of delivery or transmission and notices sent by registered post shall be deemed received on the second working day following despatch, Saturdays, Sundays and Public Holidays in each case excepted. A notice will not be valid if given by email, text message or similar means.
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