These Terms and Conditions govern your use of the Video News Agency website (the “VNA Site”) and your relationship with Video News Agency (the “VNA”, “we” or “us”). Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not register for or use the VNA Site.
1 Use of the VNA Site
1.1 The VNA Site is provided to you for your use subject to these Terms and Conditions. By using the VNA Site you agree to be bound by these Terms and Conditions. In order to use the VNA Site you will have to become a registered user of the VNA Site.
2.1 We may update these Terms and Conditions from time to time for legal or regulatory reasons or to allow the proper operation of the VNA Site. Any changes will be notified to you via a suitable announcement on the VNA Site. The changes will apply to the use of the VNA Site after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the VNA Site. If you continue to use the VNA Site after the date on which the change comes into effect, your use of the VNA Site indicates your agreement to be bound by the new Terms and Conditions.
3.1 To register on the VNA Site you must be an organisation or an individual over eighteen years of age.
3.2 You must ensure that the details provided by you on registration or at any time are up-to-date, true, correct and complete.
3.3 You must inform us immediately of any changes to the information that you provided when registering by updating your details in order that we can communicate with you effectively.
3.4 If you provide any information that is not up-to-date, true, correct or complete, or VNA believes (in its reasonable opinion) that such is the case, VNA has the right to suspend or cancel your registration immediately.
4 Password and security
4.1 When you register to use the VNA Site you will be asked to create a password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us by contacting email@example.com immediately.
4.2 If VNA has reason to believe that there is likely to be a breach of security or misuse of the VNA Site, we may require you to change your password or we may suspend your account.
5 Annual Licence
5.1 In order to keep your registration for use of the VNA Site up-to-date you must purchase and hold a valid licence (the “Annual Licence”).
5.2 An Annual Licence is valid for 12 calendar months from the date of purchase (the “Licence Period”).
5.3 The Annual Licence will not renew automatically at the end of the Licence Period and VNA will e-mail you prior to the expiration of the Licence Period to advise you that the Licence Period is due to expire and provide you with details of how to renew the Annual Licence.
5.4 Once you have purchased an Annual Licence the cost of the Annual Licence (the “Licence Fee”) is non-refundable. Details of the Licence Fee are available on the Upload Price List page
5.5 Once the Licence Period expires your registration with the VNA Site will lapse and you will not be able to use or access the VNA Site until a new Annual Licence is purchased.
5.6 VNA may, at its discretion, as part of the promotion of the VNA Site allow you to access and use the VNA Site without purchasing an Annual Licence. For the purposes of these Terms and Conditions this is referred to as a “Trial” and the Trial shall last until it is withdrawn by VNA, entirely at its discretion, by notice to you or in accordance with clause 5.8 below. The period from registration of the Trial until such time as the Trial ends shall be called the “Trial Period”.
5.7 If you are using the VNA Site as part of a Trial you must still use the VNA Site in accordance with these Terms and Conditions, albeit you shall not be required to purchase and maintain an Annual Licence or Upload Package (see clause 6 below) during the Trial Period.
5.8 If you are using the VNA Site as part of a Trial your Upload Package will have an Upload Limit (see clause 6 below) which will be notified to you at the outset of the Trial (“Trial Upload Limit”). Once you have uploaded Digital News Content up to the Trial Upload Limit the Trial Period will automatically come to an end (unless terminated earlier in accordance with clause 5.6 above by VNA) and you will be required to purchase an Annual Licence and accompanying Upload Package (in accordance with this clause 5 and clause 6 below) before being able to continue using the VNA Site.
6 Upload Packages
6.1 In order to Upload Digital News Content to the VNA Site you must have a valid Annual Licence and must purchase one of the upload packages (“Upload Package”) details of which are available on the Upload Price List page.
6.2 Each Upload Package entitles you to upload Digital News Content to the VNA Site up to the relevant Upload limit (“Upload Limit”) for the Upload Package in question providing always that you hold a valid Annual Licence.
6.3 Once you have Uploaded Digital News Content to the VNA Site up to the Upload Limit relevant for your Upload Package you will be required to purchase a new Upload Package before any further Digital News Content can be Uploaded to the VNA Site. VNA will contact you when you are nearing the Upload Limit to remind you that you are nearing the Upload Limit and informing you of how you purchase a further Upload Package.
6.4 In the event that the Licence Period expires you will not be able to Upload any Digital News Content to the VNA Site until you renew the Annual Licence, regardless of whether or not you still have capacity before the Upload Limit is reached on your current Upload Package. Once you renew your Annual Licence you will be able to continue to Upload Digital News Content on your current Upload Package until either the renewed Annual Licence expires or you meet the Upload Limit on the current Upload Package.
6.5 Video material uploaded to Youtube via the VNA upload process cannot be edited or removed from Youtube by VNA users. To remove or amend video material uploaded to Youtube by this process you will need to notify us of your requirements at firstname.lastname@example.org
7 Refunds, cancellation and termination
7.1 In the event you do not renew the Annual Licence you will not be entitled to a refund of any part of the fee paid for any Upload Package which has not yet reached its Upload Limit at the time that the Annual Licence expires.
7.2 In the event that your Upload Limit is met mid-way through the Licence Period and you do not purchase a further Upload Package during the Licence Period you will not be entitled to a refund of any proportion of the Licence Fee for the period from when your Upload Limit is met until expiry of the Licence Period.
7.3 You can cancel the Annual Licence at any time on notice to VNA, however, the cost of the Licence Fee (together with the cost of any Upload Packages purchased by you) will be non-refundable.
7.4 We may, at our sole discretion, terminate the Annual Licence immediately on notice to you if you have committed a material breach of these Terms and Conditions and have not remedied such breach (if capable of remedy) within 14 days of receipt of notice requiring it to be remedied or if you become insolvent, or subject to any proceedings under any insolvency or bankruptcy law or if you have a receiver or administrator appointed over any of your assets.
7.5 Any termination of the Annual Licence by us in accordance with this clause 7 will mean that you will be unable to use the VNA Site or upload Digital News Content and you will not be entitled to a refund of the Licence Fee or the cost of any Upload Packages which have yet to hit the corresponding Upload Limit at the time of termination of the Annual Licence.
8.1 Payment of the Licence Fee and/or in respect of any Upload Package will be made in advance and in full by you by credit or debit card via the VNA Site at the time of purchasing an Annual Licence and/or any Upload Package.
8.2 We will send you an electronic receipt forthwith after payment of the Licence Fee and/or the relevant Upload Package has been received and processed by us.
8.3 Any payments made to us in respect of the Licence Fee or for any Upload Package are non-refundable otherwise than at VNA’s sole discretion.
9 Intellectual property
9.1 For the purposes of these Terms and Conditions, “Digital News Content” shall include, without limitation, all digital news content, video news releases, electronic press kits, B-roll footage, press releases, files containing words or other images, photographic stills, music or other sound files and/or voice recordings/vodcasts.
9.2 Digital News Content By uploading Digital News Content to the VNA Site you hereby grant both (1)VNA and its affiliates and (2) other users of the VNA Site, together with VNA’s successors and assigns an irrevocable, perpetual royalty free, worldwide, sub-licensable and transferable licence (which shall include, without limitation, the right to edit, re-edit and to create derivative works from the Digital News Content) to use, copy, transmit or otherwise distribute, perform (whether publically or otherwise) modify, incorporate into other works and display the Digital News Content uploaded by you to the VNA Site or any part thereof, in or through any medium, whether now known or hereafter created. VNA shall be entitled to use any Digital News Content uploaded by you to the VNA Site for the purposes of promoting the VNA Site and any services offered by VNA without having to pay anything to you or ask your permission to do so.
9.3 In respect of your use of the VNA Site and any Digital News Content submitted by any other third party, you are granted, by VNA and/or any party uploading Digital News Content onto the VNA Site, a limited, non-exclusive, non-transferable and personal licence to access, view and, subject to these terms and conditions of use, download Digital News Content through the VNA Site or any other access point authorised by VNA and/or you. This right to access, view and download Digital News Content shall include, solely to the extent necessary, the right to copy, transmit or otherwise distribute, perform (whether publically or otherwise) create derivative works of, edit or re-edit (for legitimate journalist purposes only) and display Digital News Content. All Digital News Content is deemed to be public information. VNA shall not be liable for any use or disclosure of Digital News Content.
9.4 In respect of each item of Video Matrial you upload to the VNA Site, you warrant and represent (both now and at the time of uploading any such Digital News Content) that (1) you own or have all necessary licences, rights, permissions and consents (including, but not limited to all patent, trademark, copyright and other proprietary rights) in the relevant item of Digital News Content (including, without limitation, all appropriate rights and permissions in respect of any music included within each item of Digital News Content) to grant the licence referred to at clause 9.2 above and to use the relevant item of Digital News Content on the VNA Site and as envisaged by these Terms and Conditions and (2) you have all and any necessary consents (whether written or implied), releases and/or permissions by each and every person identifiable in the relevant item of Digital News Content to use the name, picture and likeness of each and every such identifiable person to enable use of the relevant item of Digital News Content on the VNA Site and as envisaged by these Terms and Conditions.
9.5 In respect of each item of Video Matrial you upload to the VNA Site, you warrant and represent (both now and at the time of uploading any such Digital News Content) that each item of Digital News Content to be uploaded shall (a) be true, accurate and not misleading (b) not violate the rights of any third party, including, but not limited to, intellectual property and other proprietary rights (c) not be fraudulent (d) not be illegal or otherwise violate any law, statute or regulation (e) not create any liability for VNA (which for the purposes of this clause shall include its officers, employees, agents and sub-contractors).
9.6 By uploading any Digital News Content to the VNA Site you waive all moral rights in the Digital News Content uploaded by you, including, but not limited to, any rights of attribution you may have therein and you further waive any rights you may have to claim against VNA in relation to the Digital News Content uploaded including, but not limited to unfair competition, intellectual property infringement, breach of privacy, negligence, breach of contract or breach of confidentiality.
10 Your use of the VNA Site
10.1 You may not use the VNA Site for any of the following purposes:
10.1.1 disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, tortuous, defamatory, hateful, racially, sexually, ethnically or otherwise objectionable material or otherwise breaching any law, statute or regulation; or
10.1.2 transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable law, statute, regulations or code of practice; or
10.1.3 interfering with any other person’s use or enjoyment of the VNA Site; or
10.1.4 making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner (other than in accordance with clause 9.3 above) or
10.1.5 impersonating any person or entity or falsely stating or implying any affiliation with a person or entity; or
10.1.6 submitting Digital News Content which has been altered to disguise the origin of the item of Digital News Content concerned; or
10.1.7 submitting Digital News Content whereby you don’t have the necessary rights, consents or permissions to grant the licence at clause 5.2 above in respect of such item of Digital News Content; or
10.1.8 submitting Digital News Content that contains software viruses or anything else designed to destroy or limit the functionality of any software, hardware or telecommunications equipment; or
10.1.9 collect or store data about other users of the VNA Site or to harass any other user of the VNA Site or
10.1.10 in any other way that constitutes a breach of these Terms and Conditions.
10.2 You will be responsible for our losses and costs resulting from your breach of this clause 6.
11 Availability of the VNA Site
11.1 Although we aim to offer you the best service possible, we make no promise that the services at the VNA Site will meet your requirements. We cannot guarantee that the services will be fault-free, uninterrupted, timely or secure or that the quality of any information or other material obtained through the VNA Site will meet your expectations.
11.2 VNA cannot guarantee that any Digital News Content will be available at any point in the future once downloaded or embedded onto your website via the VNA Site and VNA reserves the right to withdraw any Digital News Content at any time without notice and without liability.
11.3 If a fault occurs with the VNA Site you should report it to email@example.com and we will attempt to correct the fault as soon as we reasonably can.
11.4 Your access to the VNA Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
12 VNA’s right to suspend or cancel your registration
12.1 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
12.2 You can cancel your registration at any time by informing us in writing at firstname.lastname@example.org . If you do so, you must stop using the VNA Site.
12.3 The suspension or cancellation of your registration and your right to use the VNA Site shall not affect either party’s statutory rights or liabilities.
13 VNA’s liability
13.1 The VNA Site provides content from other Internet sites or resources and Digital News Content uploaded to the VNA Site by third parties. By using the VNA Site you acknowledge that VNA is merely acting as a conduit for the distribution of Digital News Content and VNA does not accept any liability relating to the content of Digital News Content or of the activities of any user of the VNA Site. Whilst VNA tries to ensure that material included on the VNA Site is correct, reputable and of high quality, it does not make any warranties or guarantees in relation to that content or of the accuracy, integrity, completeness, non-infringement or quality of such content and VNA has no obligation to monitor such content for such purposes.
13.2 If VNA is informed of any inaccuracies or illegality in the material on the VNA Site VNA will attempt to correct the inaccuracies or withdraw the material (at our sole discretion) as soon as we reasonably can. In no circumstances will VNA be liable for any Digital News Content or other content on the VNA Site including, but not limited to, for any errors or omissions in any content or for any loss or damage of any kind incurred as a result of Digital News Content and/or other content posted, e-mailed or otherwise transmitted on or via the VNA Site. VNA accept no liability for defamation, liable, slander, infringement, invasion of privacy, obscenity, profanity, fraud or misrepresentation in relation to Digital News Content or other content posted on the VNA Site.
13.3 VNA shall have no liability to you for any damage caused to your computer or system, or for the loss of any data that results from accessing, or downloading material from, the VNS Site.
13.4 If we are in breach of these Terms and Conditions, we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you use the VNA Site. Our liability shall not in any event include business losses such as lost data, lost profits or business interruption or any indirect, incidental, special, consequential or exemplary damages (even if VNA has been advised of the possibility of such damages).
13.5 In no event shall VNA’s total liability to you for all damages, losses and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you to VNA for uploading Digital News Content in the 12 month period immediately preceding VNA incurring any such liability to you.