Medialink, LLC Terms of Service

1. Introduction

1.1. This website (“the Website”) is operated by Media Link, LLC whose registered address is 1155 Avenue of the Americas, 8th Floor, New York, New York 10036 (“MediaLink”, “we”, “us”, “our”). MediaLink is part of Ascential Group Limited, Company Number 9934451 (incorporated in England & Wales) whose registered address is at The Prow, 1 Wilder Walk, London W1B 5AP. 1.2. Please read these Terms & Conditions carefully before using the Website. By accessing any part of the Website, you shall be deemed to have accepted these Terms & Conditions in full, regardless of whether or not you choose to register on the Website or utilize our services. If you do not accept these Terms & Conditions, you must leave the Website immediately. 1.3. We may revise these Terms & Conditions at any time by posting an update on the Website. Your continued use of the Website after any such change constitutes your acceptance of the new Terms & Conditions and they shall be binding on you. You should therefore check the Website from time to time to review the then current Terms & Conditions. These Terms & Conditions were last updated in February 2019.

2. Disclaimer

2.1. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “ON AVAILABLE BASIS”. Whilst we endeavor to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for any other reasonable cause. 2.2. You acknowledge that whilst we endeavor to ensure that information on the Website and any related material provided to you by us, whether by email or otherwise (“the Our Materials”) is accurate and complete, it is provided only for general information, is not intended to address your particular requirements and does not constitute any form of advice or recommendation by us. You acknowledge that the Our Materials should not be relied upon by you in making (or refraining from making) any specific investment or other business or personal decisions and acknowledge that professional advice should be obtained before making any such decision. Finally, you acknowledge that some of the content may be supplied by third parties and the accuracy and completeness of it will not have been checked by us. 2.3. We will use reasonable endeavors to ensure that the Website and the Our Materials do not contain or promulgate any viruses or other malicious code. However, it is recommended that you should virus check all such materials and regularly check for the presence of viruses and other malicious code.

3. Use of Website Content

3.1. All intellectual property rights in the Our Materials are reserved by us or its licensors or users (as applicable). 3.2. You agree that in using the Our Materials you shall (except where otherwise agreed in writing by us) use them only in accordance with the following permitted uses:

  1. viewing them on a computer screen and printing not more than one copy of them (and not further copying them);
  2. where and to the extent (only) that permission to download and store them is specifically granted in the relevant Our Materials (if at all), downloading and storing the content on the hard disk of your computer or portable media but not making any further transfer or copy of it; and
  3. making only such other use (if any) of them as may be specifically authorized in the Our Materials.

3.3. For the avoidance of doubt, you agree:

  1. not to distribute, reproduce, modify, store, transfer or in any other way use any of the Our Materials (including as part of any database, library, news, information, archive, website or similar service) other than as set out above;
  2. not create a database (electronic or otherwise) that includes any Our Materials;
  3. not disseminate advertisements on the Website or use Our Materials for any other commercial purposes (which would include using them to promote or encourage the sale of your goods/services);
  4. not transmit or re-circulate any of Our Materials to any third party (unless specifically authorized to do so by Us);
  5. not remove the copyright or trademark notice(s) from Our Materials;
  6. not disseminate any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  7. not disseminate any material which is or may infringe the rights (including intellectual property rights) of any third party or be unlawful, threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, which may cause annoyance or inconvenience or may restrict or inhibit the use of the Website by any person or which constitutes or encourages conduct that may be considered a criminal offence or give rise to civil liability in any country in the world;
  8. not disseminate any material which does or may bring our brands (including our affiliate brands) into dispute or in any way damage their reputation;
  9. not disseminate any material that may interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data; and
  10. not post link(s) that take users to material that contravenes any of the above restrictions.

3.4. If you contract with us for provision of services or register for any of our events, additional or separate terms shall apply.

4. Use of Software

4.1. Copyright in any software that is made available for download or use from the Website and/or Our Materials belongs to us or our suppliers. Your use of the software is governed by the terms of any license agreement that may accompany or be included with it. Do not install or use any software unless you agree to such license agreement.

5. User Generated Content

5.1. The pages of the Website where you are capable of posting content are provided for your private, non-commercial exchange of lawful, relevant, fair and appropriate information, opinions and comment. Use of the Website that is inconsistent with those stated purposes is strictly prohibited. By submitting any content to or through the Website, you:

  1. grant us the right to use such content and all material embodied therein for any purposes including, without limitation, to edit, copy, reproduce, translate, disclose, post and/or remove such content from the Website and hereby waive all of the moral rights that you have under Chapter IV of the Copyright, Design and Patents Act 1988 in respect of any material you post to the Website;
  2. warrant to us that all such content complies with the provisions of Clause 3.2; and
  3. acknowledge that we may require you to confirm the above rights and warranties and agree to do so within 7 days of any request from us.

5.2. We reserve the right (but not the obligation) at our sole discretion to refuse or remove any content that is posted to, or available on, the Website without the need to give any reasons for doing so. However, we will not review the materials that you or anyone else makes to the Website and therefore, unless we are specifically notified of the nature of any item of content, you cannot assume that we are aware of it. If you object to the publication of any material placed on the Website please contact us using the contact details shown on the “Contact Us” section of the Website and we will take whatever action we deem appropriate. 5.3. We accept no responsibility for any statements, material or other submissions placed on the Website by users.

6. Links to and from other websites

6.1. Links on the Website to third party websites are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed these third party websites and does not control and is not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found on them, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTIES OR FOR ANY INFORMATION, SERVICE OR PRODUCT APPEARING ON THIRD PARTY SITES OR ANY OTHER SITE LINKED TO OUR SITE. 6.2. You may link to the home page of the Website but strictly only on the basis that you do not replicate the home page of the Website, and subject to the following conditions:

  1. you do not create a frame or any other browser or border environment around the Website;
  2. you do not in any way imply any endorsement by us other than with its written consent or misrepresent your relationship with us;
  3. you do not use any logos or trademarks displayed on the Website without our express written permission;
  4. you do not link from a website that is not owned by you; and
  5. your website does not contain content that is distasteful, offensive or controversial, that infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

6.3. You may link to other pages of the Website only with our prior written consent of and subject always to the obligations set out in Clause 6.2. If you wish to do so, please contact us using the contact details shown on the “Contact Us” section of the Website.

7. Registration

7.1. To access certain parts of the Website, we may require you to (i) register and provide certain information about yourself, which shall be subject to specific terms of registration, or (ii) submit certain information about yourself and your company. In doing so, you also agree to:

  1. provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (such information being the “Registration Data”); and
  2. contact us using the “Contact Us” section of the Website in the event that you wish to update your Registration Data.

7.2 We cannot and will not be liable for any losses, damages or costs arising from your failure to comply with these requirements.

8. Trade Marks

8.1 All our trade marks (whether registered or unregistered) and graphics, logos, designs, page headers and button icons are our intellectual property and neither they nor any confusingly similar versions may be used by you including (but not limited to) as part of any trade marks and/or domain names without the prior written consent of us other than for the purpose of referring to us and our associated brands lawfully and in good faith (only).

9. Suspension of access to the Website and User Indemnities

9.1. If, for any reason, we believe that you have not complied with any of these Terms & Conditions we may, in our sole discretion, restrict, suspend or cancel your access to any or all parts of the Website immediately and without giving you any advance notice. 9.2. Without prejudice to the provisions of Clause 9.1, you agree to compensate us in respect of any claims, losses, expenses and/or liabilities (including legal fees) which arise from your use of the Website and/or the Our Materials including in particular (but not limited to) any statements, contributions or other content posted on the Website or any breach of Clause 3.2.

10. Limitation of Liability

10.1. We will not be liable to you for any loss or damage caused by us, or either of our employees or sub-contractors in circumstances where:

  1. there is no breach of a legal duty of care owed to you by us (or its employees or sub-contractors); or
  2. such loss or damage is not a reasonably foreseeable result of any such breach; or
  3. in respect of any increase in the loss or damage resulting from your actions.

10.2. Without prejudice to Clause 10.1 but subject to Clause 10.3, any of our liability arising in respect of your use of the Website and/or the Our Materials (whether in tort, contract or otherwise) shall be limited in aggregate to five hundred dollars ($500.00) per event unless otherwise agreed in writing by us. 10.3. Nothing in these Terms & Conditions shall exclude or limit our liability for:

  1. death or personal injury caused by our negligence and/or our employees negligence; or
  2. fraudulent misrepresentation by us and/or our employees.

11. Privacy and Cookies Policy

11.1 The provision of personal information by you and use of it and cookies by us is subject to our Privacy Policy and Cookie Policy.

12. General

12.1 In the event that any provision of these Terms & Conditions is held to be invalid or unenforceable, the remainder of Terms & Conditions shall remain valid and enforceable. 12.2. These Terms & Conditions shall be governed by the laws of the State of New York and you hereby agree and consent to the exclusive jurisdiction and venue of the federal state, and local courts in the County of New York. 12.3. Please note your calls to us may be recorded for training and quality control purposes.