By accessing the Goldmine Media Ltd ("the Site") or by otherwise accessing any content, software, products or services available through the Site ("the Content"), you are deemed to have entered into an agreement with Goldmine Media Ltd ("Goldmine Media") and to have agreed to be bound by the Terms set out below.
The term "Intellectual Property Rights" means, copyrights, database rights, trade marks, trade names, domain names, rights in logos, get-up and content, inventions, trade secrets and know-how, patents, all rights of whatever nature in computer software and data, all rights of privacy and all intangible rights and privileges of a nature similar to any of the above, in every case in any part of the world and whether or not registered; and including all granted or pending registrations, and all rights to make applications for registration in respect of any of the same.
All Intellectual Property Rights in the Content and design of the Site and any material e-mailed to you or otherwise supplied to you in conjunction with our online products are the property of Goldmine Media Ltd. You may not use or reproduce any Goldmine Media Intellectual Property, including any trademarks, registered or unregistered for any reason without written permission from Goldmine Media Ltd.
The software, which operates the Site, is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.
You may retrieve and display Goldmine Media Ltd Content on a computer screen or mobile telephone, print individual pages on paper (but not photocopy them) and store such pages in electronic form for your personal, non-commercial use. If you do download material from the Site all copyright and other notices must be kept intact.
Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the Content of the Site. In particular, you may not do any of the following without prior written permission. No parts of any Goldmine Media Ltd publication or Site may be reproduced, stored in or introduced into any retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior written permission of the copyright owners. You may not reverse engineer, modify, decompile, disassemble or translate the Content (whether for the purpose of error correction or otherwise). You may not display the Content on a public bulletin board, ftp site, website, and chat room or by any other unauthorised means. Written materials provided in printed or electronic form may not be modified, adapted, translated, or used to create derivative works without the prior written consent of Goldmine Media Ltd.
Any use of Goldmine Media Ltd Content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be sent to our Production Department.
Access to certain Goldmine Media Ltd Content may be subject to a fee or subscription. All payments (including applicable taxes) must be made in advance in a currency specified by Goldmine Media Ltd.
Goldmine Media may, at its discretion, terminate or suspend individual or group access to all or part of the Site (including any right to access and use Goldmine Media Ltd Content) with or without cause by delivering notice to you. The rights of termination are in addition to all other rights or remedies of Goldmine Media Ltd provided in these Terms or by law.
Goldmine Media Ltd reserves the right, in its discretion, to suspend, change, modify, add or remove portions of Goldmine Media Ltd Content available on the Site at any time and to restrict the use and accessibility of the Site.
Whilst every effort has been made to ensure the high quality and accuracy of the Site, Goldmine Media Ltd makes no warranty, express or implied concerning the Content of the Site, which is provided "as is". Goldmine Media Ltd expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of satisfactory quality. In no event will Goldmine Media Ltd, its affiliates or other suppliers be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the Content, even if Goldmine Media Ltd has been advised of the possibility that such damages may arise. Goldmine Media Ltd does not guarantee the accuracy or timeliness of the Content appearing on the Site, or that the Site or related systems are free from viruses or other contaminating or destructive properties. In the event that Goldmine Media Ltd incurs any liability whatsoever, the aggregate liability shall not exceed the amount that you originally paid for the service. Except in respect of fraudulent misrepresentation, this Agreement together with any order form and payment method instructions set forth the entire agreement and understanding of the parties relating to the subject matter herein. Any prior written or verbal agreements are superseded by this Agreement.
Goldmine Media Ltd, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of Goldmine Media Ltd Content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.
The Site may contain links and pointers to Internet sites maintained by third-parties. Goldmine Media Ltd does not operate or control in any respect any information, products or services on such third-party sites. Links are provided solely for your convenience, and do not constitute any endorsement by Goldmine Media Ltd and/or its suppliers. You assume sole responsibility for use of third-party links and pointers.
Changes to these Terms
Goldmine Media Ltd may, at its discretion, change these Terms (including those relating to your use of the Site and/or the Goldmine Media Ltd Content). When the Terms are changed, Goldmine Media Ltd will notify you by e-mail or by publishing details of those changes by including them in these Terms.
Rights of Reply
If at any time you, or your organisation, have a complaint or comment to make about the Content featured within the Site you, or they should contact Goldmine Media Ltd Phone: 0845 686 0055, Fax: 0845 686 0071
Advertising and Third Party Content
Parts of the Site may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. Goldmine Media Ltd is not responsible for any third-party content or error, omission or inaccuracy in any advertising material.
If any provision of this agreement is held to be invalid by a court of competent jurisdiction, Goldmine Media Ltd shall amend the invalid provision in such reasonable manner as achieves the intention of the parties without illegality, or at Goldmine Media Ltd's discretion such provision may be severed from this agreement and the remaining provisions shall nevertheless remain in full force and effect. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in England and Wales.
These Terms shall be governed by, and construed in accordance with, English law. The parties irrevocably agree that the courts of England shall 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.