These terms and conditions apply between all Users of this Website (including but not limited to Members), and Media Converting Solutions Limited (registration number 104374, Trust Company Complex, Ajeltake Road, Ajeltake Island, MH96960, Majuro, Marshall Islands, P.O. Box 1405), the owner(s) of this Website. Additionally these terms and conditions apply to the use of and (where applicable) purchase of Media Converting Solutions Limited Products and Services, including but not limited to advertising with Media Converting Solutions Limited. Please read these terms and conditions carefully, as they affect your legal rights.
1.1 Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age. Your access to and use of the Media Converting Solutions Limited Website or Services is subject (unless expressly stated otherwise) exclusively to these terms and conditions. You will not use the Website for any purpose that is unlawful or prohibited by these terms and conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in these terms and conditions. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
1.2 Media Converting Solutions Limited reserves the right to change these terms and conditions without notice, and Users agree to be bound by such changes. It is the responsibility of Users to check these Terms and Conditions regularly for any changes.
1.3 If you are entering into these terms and conditions on behalf of your employer or acting as an employee, you warrant that you are authorised to enter into legally binding contracts on behalf of your employer. You further warrant that your employer agrees to be bound by these terms and conditions.
2.1 Content is available via Media Converting Solutions Limited and this Website on a free of charge basis and in consideration for a specified payment.
2.2 All Content included on the Website, unless uploaded by Users, Members or Partners or as stated otherwise, is the property of Media Converting Solutions Limited our affiliates, licensees or other relevant third parties. By continuing to use the Website Users acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission;
2.3 Subject to clause 3 Media Converting Solutions Limited hereby grants to the User a non-exclusive worldwide licence for the duration of the Membership or in the case of a User who is not a Member, until Media Converting Solutions Limited may choose to revoke such licence, to download, store, use, reproduce, transmit, display, copy, and provide access to Content in accordance with the terms of the Membership (where applicable) and at all times only for the User's own information purposes and for the avoidance of doubt, not for any commercial or business purposes.
2.4 Notwithstanding any other rights or remedies available to it, Media Converting Solutions Limited shall have the right to terminate any licence granted to any User, to terminate any Membership (where applicable) or block a User from the Website in the event of any breach by such User of any of the terms and conditions of this licence.
Without prejudice to any rights granted herein, Media Converting Solutions Limited reserves the right to amend, edit or abbreviate or take down any Content at our discretion.
2.5 Notwithstanding the above, were a User is paying for additional premium content (by way of example, for Reports and/or as part of a Membership subscription) (“Pre-Paid Content”) such Users acknowledge that their access to such Pre-Paid Content is conditional upon payment in accordance with the payment methods set out on the Website before access to such Pre-Paid Content is permitted, and no licence shall be granted until payment has been received in full for the relevant Pre-Paid Content. For the avoidance of doubt, all one off fees payable for Reports shall be non-refundable, and the period of licence granted in such Content may only subsist for the duration of a Users Membership subscription.
3.1 Users are expressly forbidden to download, store, reproduce, transmit, display (including without limitation via an intranet or extranet site), copy, sell publish, distribute, provide access to Content for any purposes other than as set out herein or to sub-license, rent, lease, transfer or assign any rights in Content, to any other person, commercially exploit or use Content for any unlawful purpose.
3.2 With regard the uploading, or posting of User Generated Content, and use of the site more generally, Users may not use the Website for any of the following purposes:
3.2.1 in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
3.2.2 in any way which is harmful, unlawful, illegal, abusive, harassing, misleading, inaccurate, threatening or otherwise objectionable or in breach of any applicable law, regulation or governmental order.
4.1 The Website and Services are provided "as is" and on an "as available" basis. Media Converting Solutions Limited gives no warranty that the Website or Services will be free of defects and/or faults. To the maximum extent permitted by the law, Media Converting Solutions Limited provides no warranties (expressed or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Media Converting Solutions Limited is under no obligation to update information on the Website.
4.2 Whilst Media Converting Solutions Limited uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, Media Converting Solutions Limited give no warranty or guarantee in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
4.3 Media Converting Solutions Limited accepts no liability for any disruption or non-availability of the Website.
4.4 Media Converting Solutions Limited reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
5.1 Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
5.2 We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
5.3 To the maximum extent permitted by law, Media Converting Solutions Limited accepts no liability for any of the following:
5.3.1 any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
5.3.2 loss or corruption of any data, database or software;
5.3.3 any special, indirect or consequential loss or damage.
6.1 Except as otherwise expressly agreed to by Media Converting Solutions Limited in writing, information regarding Media Converting Solutions Limited products and Services is subject to change without notice.
6.2 Information about Media Converting Solutions Limited Products and Services made available on and/or through this Website shall not constitute a representation, warranty or other commitment by Media Converting Solutions Limited with respect to any product or service unless otherwise expressly agreed to by Media Converting Solutions Limited in writing.
6.3 Without limiting the generality of the foregoing, Media Converting Solutions Limited hereby disclaims all warranties, expressed or implied, as to the accuracy, suitability for any purpose or completeness therefore.
7.1 This Website makes available certain Content that has not been created by Media Converting Solutions Limited either via hyperlinks which may take Users to websites not controlled or maintained by Media Converting Solutions Limited, or as hosted via the Website whether or not such Content is available free of charge, to Members only or for a fee, for example Partner Downloads, Member profiles and other materials posted by other Users on the Website blogs and forums ("Third Party Content").
7.2 Any copying, distribution, reproduction, retransmission, or modification of any of the Third Party Content or any information or materials appearing in such Third Party Content, whether in electronic or hard copy form, is subject to the prior written permission of the author and publisher of such Third Party Content.
7.3 Third Party Content is not the responsibility of Media Converting Solutions Limited, and Users acknowledge and confirm that Media Converting Solutions Limited has no control over the opinions, information, legality of products, or accuracy of facts or statements contained in such Third Party Content and furthermore Media Converting Solutions Limited cannot guarantee and makes no representation or warranty as to the accuracy, veracity, or completeness of any such information provided. Nothing contained within Third Party Content necessarily represents the point of view of Media Converting Solutions Limited.
7.4 Media Converting Solutions Limited cannot and does not confirm each User's identity, whether or not they are a Member. Media Converting Solutions Limited allows Members to give access to information about themselves to other Members but does not control the information provided by Users or Members.
7.5 In the event that you have a dispute or issue with one or more of the other Users, you agree to unconditionally release Media Converting Solutions Limited (and our officers, directors, agents, subsidiaries and employees) from any and all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
All media and advertising placed with Media Converting Solutions Limited shall be subject to the following:
8.1 All Advertisements are accepted subject to Media Converting Solutions Limited's approval of the copy and to the space being available.
8.2 Media Converting Solutions Limited reserves the right to omit or suspend any Advertising (or part thereof) at any time for if Media Converting Solutions Limited holds the belief that publication may be unlawful, defamatory, put Media Converting Solutions Limited into disrepute, in breach of any Ofcom regulations, or Advertising Standards Agency (or like body) regulation or code, put it in breach of contract or infringes the copyright off a third party in which case no claim on the part of any Client for damage or breach of contract shall arise.
8.3 If Media Converting Solutions Limited considers it necessary to modify the space or alter the date or position of insertion or make any other alteration, the Client will have the right to cancel if the alterations requested are unacceptable, unless such changes are due to an emergency or circumstances beyond Media Converting Solutions Limited's control. Every care is taken to avoid mistakes but Media Converting Solutions Limited cannot accept liability for any errors due to third parties, subcontractors or inaccurate copy instructions. In any event the Client acknowledges and confirms that its sole remedy for such inaccuracies in Advertisements will be for Media Converting Solutions Limited to use its reasonable endeavours to remedy such inaccuracies upon notice from the Client, where practicable. For the avoidance of doubt the Client accepts that Advertisements which have gone to print cannot be altered.
8.4 The Client will indemnify Media Converting Solutions Limited fully in respect of any claim made against Media Converting Solutions Limited arising from Media Converting Solutions Limited's publication of any Advertisement or part thereof arising from a breach of any term, condition, undertaking or warranty given hereunder or otherwise to Media Converting Solutions Limited. Media Converting Solutions Limited may consult with the Advertiser as to the way in which such claims are to be handled, and may require the Client to enter as a party to any claim.
8.5 Advertisement rates are subject to revision at any time and orders are accepted on condition that, in the case of Advertising placed within an issue of the Magazine, that the price binds Media Converting Solutions Limited only in respect of the next issue to go to press. In the event of a rate increase, the Client will have the option to cancel the order without surcharge or continue the order at the revised advertisement rates.
8.6 Accounts are due for settlement within 30 days of the commencement of publication of the Advertising. In the event of any account becoming overdue, Media Converting Solutions Limited reserves the right both to suspend Advertising until such time as the sum owing is paid and to reduce any commission otherwise allowed to Advertising Agencies.
8.7 Advertisement copy should be supplied by the Client in accordance with the mechanical data stated on the rate card. Charges will be made to the Client or his Agent where the printers are involved in extra production work owing to acts or defaults of the Client or his Agent. These charges will be at the rate agreed prior to commencement of Advertising.
8.8 If copy instructions are not received by agreed Copy Date no guarantee can be given that proofs will be supplied nor corrections made and Media Converting Solutions Limited reserves the right to repeat the most appropriate copy, or insert a house advertisement for which the Client will be invoiced.
8.9 Total amount payable, by the Client, within the 30-day period, will be written in the 'Gross Payment' section of the order form, accompanying this document. Series bulk discount purchases must be paid in one payment, 30 days after invoice, unless otherwise stated.
8.10 In the case of the Client failure to make complete payment within 30 Days of the invoice date occurred, cumulative monthly interest, at a rate of 10% per month from the invoice date, will be added to the gross amount. If at any time legal fees and costs are incurred as a result in obtaining payment from the Client, those costs will be charged back to the Client.
8.11 Client's materials which may be delivered to Media Converting Solutions Limited including but not limited to property and artwork are held by Media Converting Solutions Limited at Client's risk and should be insured by them against loss or damage from whatever cause. Media Converting Solutions Limited reserves the right to destroy all artwork, which has been in his custody for twelve months from the date of its last appearance.
9.1. Prices for any of Media Converting Solutions Limited services or products are subject to change without prior notice. Media Converting Solutions Limited aim to regularly update all publicly available sources of price information via the Website to ensure that you have accurate information available to you when you order.
9.2. The description and price of any Service purchased hereunder will be confirmed in Media Converting Solutions Limited's despatch note and/or invoice or at point of payment if purchased online.
Unless specified herein or at point of purchase to the contrary, Media Converting Solutions Limited invoices for any Service are due for payment 30 days from their date. Media Converting Solutions Limited reserve the right to charge for costs and expenses incurred in recovering late payments, and to charge interest.
11.1 Dependence on Media Converting Solutions Limited Services: The contents of any of Media Converting Solutions Limited Services or the Website do not constitute advice and should not be relied on in taking, or refraining from taking, any decision or action. Under no circumstances shall Media Converting Solutions Limited be liable for direct, indirect, or incidental damages resulting from your use of information, commentary, advice or other content on the Website or Services. You agree to indemnify Media Converting Solutions Limited against any actions, claims, proceedings, or liabilities arising from your use of the Website or Services.
11.3 Force Majeure: If by reason of labour dispute, strikes, inability to obtain labour or materials, fire or other action of the elements, accidents, power or telecommunications failure, customs delays, governmental restrictions or appropriation or other causes beyond the control of a party, such Media Converting Solutions Limited is unable to perform in whole or in part its obligations set forth in these terms, then Media Converting Solutions Limited shall be relieved of those obligations to the extent it is thereby unable to perform, and such inability to perform shall not make Media Converting Solutions Limited liable to any other party.
11.4 Users may not transfer any of their rights under these terms and conditions to any other person. Media Converting Solutions Limited may transfer their rights under these terms and conditions where Media Converting Solutions Limited reasonably believes Users rights will not be affected.
11.5 These terms and conditions may be varied by Media Converting Solutions Limited from time to time. Such revised terms will apply from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
11.6 These terms and conditions contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
11.7 If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
11.8 Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
11.9 Governing Law and Jurisdiction: Marshall Islands
11.10 Full terms and conditions outlining the terms and conditions pertaining to the use and delivery of the Media Converting Solutions Limited recruitment website can be found within that section of the site.
11.11 These terms and conditions shall be construed in accordance with the laws of Span and shall be subject to the exclusive jurisdiction of the Marshall Islands courts.
11.12 These terms and conditions are compiled in English. In whatever case of discordance between the two texts or doubts about their interpretation, the English one will prevail.