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 Amendments
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 Registration
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 admin@videonewsagency.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 Intellectual property
5.1 For the purposes of these Terms and Conditions, “Digital News Content” shall include, without limitation, all video material, 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 posted to the VNA Site which is available for you to download whether in high or standard definition.
5.2 The content of the VNA Site is protected by copyright, trade marks, database right and other intellectual property rights. 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.
6 Your use of the VNA Site
6.1 You may not use the VNA Site for any of the following purposes:
6.1.1 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
6.1.2 transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practice;
6.1.3 interfering with any other person’s use or enjoyment of the VNA Site; or
6.1.4 making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner (other than in accordance with clause 5.2 above).
6.2 You will be responsible for our losses and costs resulting from your breach of this clause 6.
7 Availability of the VNA Site
7.1 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.
7.2 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.
7.3 If a fault occurs with the VNA Site you should report it to admin@videonewsagency.com and we will attempt to correct the fault as soon as we reasonably can.
7.4 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.
8 VNA’s right to suspend or cancel your registration
8.1 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.
8.2 You can cancel your registration at any time by informing us in writing at admin@videonewsagency.com. If you do so, you must stop using the VNA Site.
8.3 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.
9 VNA’s liability
9.1 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. If VNA is informed of any inaccuracies or illegality in the material on the VNA Site we will attempt to correct the inaccuracies or withdraw the material (at our sole discretion) as soon as we reasonably can
9.2 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.
9.3 If we are in breach of these Terms & 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).
9.4 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, if anything, for accessing the VNA Site.
9.5 This clause 9 shall not limit or affect our liability if something we do negligently causes death or personal injury.
9.6 If any of the exclusions set out in these Terms and Conditions is determined by a court of competent jurisdiction to be unenforceable, then all such express, implied and/or statutory warranties shall be limited in duration for a period of twenty eight (28) days after the date on which you register to use the VNA Site, and no warranties shall apply after such period.
9.7 Subject as expressly provided in these Terms and Conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
10 Third Party Websites
10.1 As a convenience to customers, the VNA Site includes links to other web sites or material which are beyond its control. VNA is not responsible for content on any site outside the VNA Site.
11 Advertising and Sponsorship
11.1 Part of the VNA Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the VNA Site complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.
12 Applicable Law
12.1 These Terms and Conditions will be subject to the laws of England and Wales. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within the United Kingdom.
13 International Use
13.1 We make no promise that materials on the VNA Site are appropriate or available for use in locations outside the United Kingdom, and accessing the VNA Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
14 Miscellaneous & Indemnity
14.1 You are entirely responsible for any activities which occur under your registration with VNA. You agree to indemnify and keep indemnified VNA (which for the purposes of this clause shall include its officers, employees, agents and sub-contractors) from and against all liabilities arising from your use of the VNA Site, your breach of these Terms and Conditions, breach of these Terms and Conditions caused by any other user of your account/registration with VNA or breach of any intellectual property or other rights of any other person or entity.
14.2 You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be affected.
14.3 If you breach these Terms and Conditions and the Company chooses to ignore this, VNA will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
14.4 VNA shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its reasonable control.
14.5 The Company Site is owned and operated by SKV Communications Limited, a company registered in England and Wales under company registration number 03495502 whose registered office is at City House, 605 Oldham Road, Failsworth, Mancehster M35 9AN who trade as “VNA” and/or “Video News Agency”. For all general correspondence enquires please write to SKV Communications Limited, 5-6 Abito, 85 Greengate, Manchester, M3 7NA.
14.6 If you have any queries please contact admin@videonewsagency.com.