We may amend these Terms or the other documents making up the Agreement from time to time. Where we make changes we will update them accordingly and may, in our sole discretion, notify you of such changes via the email address associated with your Account or through the Services. By continuing to access or use the Services on or after the date of the revision, you agree to be bound by the revised Agreement. When you sign up to use Seven, you should check the latest version of the documents making up the Agreement to make sure that you understand what terms will apply.
This version one of these Terms was most recently updated on 6th May 2022. Where amended versions are published in future You may obtain a copy of these by [contacting us at email@example.com .
If you do not agree with the Agreement, including any amendments to same, you should stop using Seven immediately.
We use the defined terms in bold text throughout these Terms, which each have the meanings set out below. They should make sense where used in these Terms, but are helpful to know:
Customer Equipment means a functioning mobile, desktop, laptop or handheld hardware device with internet access. Functionality may be limited on smaller form factor devices.
Data refers to content featured or displayed through our Site or available through our Service, including without limitation code, text, data, articles, images, photographs, graphics, software, applications, packages, designs, features, third party Footage and Embedded Content, and other materials that are available on our Site or otherwise available through the Service.
Documentation means any manuals, documentation and other supporting materials relating to the Service that we provide or make available to you.
Embedded Content means any content for an embedded link or call to action.
Footage means any audio visual footage that is uploaded to Seven.
Individual Data is Data that you create or own. All Footage that you upload is deemed to be Individual Data by default.
Our Data is Data that we (or our third-party licensors/service providers) own. All Data that is not Individual Data or User Data is Our Data.
Our Site means our website located at http://sevenvideo.io, plus any relevant sub-domains or other websites we operate from time to time through which you may access Seven. Separate terms apply to use of our other websites generally, which will be made available on those websites where you access them.
Sensitive Data means (a) credit or debit card numbers; personal financial account information; national insurance or social security numbers or equivalents; passport numbers; driver's licence numbers or similar identifiers; passwords; physical or mental health condition or information; employment, financial or health information, including any information defined under the relevant UK and European data protection legislation as "Sensitive Personal Data" (or any similar term which may apply from time to time), or any information subject to the US Health Insurance Portability and Accountability Act, the Payment Card Industry Data Security Standards, and other regulations, laws or industry standards designed to protect similar information as amended or applicable worldwide from time to time.
Service, Services or Seven means our Seven Video platform, which you may access and use, free of charge, on a software as a service basis via our Site, and the associated Documentation (where applicable).
Support means the support as set out at Section 8.
User, You, and Your refer to the individual or entity accessing the Service, or using/directing the use of the Account; or that mandates the use of the Account in the performance of its functions.
User Data typically refers to Data created or uploaded by users other than you, but where the context requires, includes Individual Data.
We, us or our refers to us, Seven Software Ltd, a limited company based in Northern Ireland registered under company number NI683347. Our registered office address is at 32a Speerstown Road, Ballymena, County Antrim, Northern Ireland, BT42 3DD.
Your Account means your account through which you log in to access the Service, which serves as your identity on Seven.
- ACCOUNT TERMS
When opening your Account, you warrant and represent to us that all information you provide in connection with your account application is true, accurate and complete and that you will inform us if it changes at any time whilst you use our Service.
To open an account, you must be a single human person responsible for everything done under that account. You must also be capable of entering into legally binding contracts, either on your own behalf, or on behalf of any business on whose behalf you are using Seven (where you are an employee accessing Seven on behalf of your employer). Therefore, you must also be of legal age to use our Site and Service in the country you reside in (or whose laws apply to them). Accounts registered by automated methods or by multiple individuals are not permitted.
If you do not meet the above criteria, you must not open an account with Seven. We reserve the right to refuse Service to anyone for any reason at any time, and Seven may operate on an application only basis (access is not guaranteed).
You must not allow any other individual to access or use your Account, remain responsible at all times for any actions taken using your Account and should use your best efforts to prevent any unauthorised access to your Account or the Services.
Account rules and requirements
Where you open an Account with Seven, and/or use our Service, you must abide by specific rules, which we outline through the Agreement. We have set out some of the most important rules in these Terms below but these are in addition to any more specific rules we may set out on our Site from time to time (which apply to the extent permitted by law).
You may use our Site and Service only for lawful purposes. You may not use our Site or Service:
In any way that breaches any applicable local, national or international law or regulation, including any copyright or trademark laws, export control or sanctions laws. You are responsible for making sure that your use of the Service complies with laws and any applicable regulations, including that you are not prohibited from using or receiving the Services by any relevant laws in the UK or which apply in the country in which you are resident or from which you propose to use or access same;
If you are providing Data that promotes financial products or services, without appropriate legal disclaimers or wording reflecting the nature of your activities, declaring your interests and complying with other legal requirements;
In any way that is unlawful or fraudulent, or has any illegal or fraudulent purpose or effect;
In any way which interferes with the use of our Services by other Users, or attempts to harm them or their business;
In any way that relates to link building purposes;
To harm or attempt to harm others in any way, including to bully, insult, intimidate or humiliate any person;
If you are not able to form legally binding contracts or are under the legal age in the country in which you reside (or to whose laws you are subject at any time);
To attempt to, or access data not intended for you, such as accessing others’ accounts;
To attempt to scan or test the security or configuration of our Site or our Services or to breach security or authentication measures without proper authorisation from us;
To send, knowingly receive, upload, download, use or reuse any material which does not comply with our content standards or general standards of decency and propriety; or
To transmit or procure any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam), or any other chain letters or promote any pyramid schemes, other than lawful marketing or bona fide commercial content directed to individuals who have expressly opted into receiving such content (and have an option to opt out of receiving it) which is sufficient for the purposes of all relevant data protection, e-privacy or similar laws or legislation in the UK, EU and the jursidictions in which you, and the relevant recipient, are based.
You also agree:
Not to harvest or otherwise collect information about Users, including email addresses, usernames, Footage or Embedded Content, without their consent, or otherwise access, monitor, or copy any content or information from our Site or our Services using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission, provided that you may access and use Footage (including Embedded Content) made publicly available to you by a relevant User as outlined in Section 3 below;
Not to act illegally or maliciously against our business interests or reputation, or that of other Users;
Not to take any action that might undermine the feedback or rating systems forming part of our Site or our Services;
Not to, or attempt to, copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Services in any form or media or by any means;
Not to, or attempt to, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Services (or their underlying software), access all or any part of the Services to build a product or service which competes with the Services;
Not to licence, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services available to any third party;
Not to access without authority, interfere with, damage or disrupt any part of our Site or Services, any equipment and not to take any action that places excessive demand on our Services, or imposes, or may impose an unreasonable or disproportionately large load, or otherwise disable, overburden or impair (as determined in our sole discretion), our servers or other portion of our infrastructure supporting our Site, the network on which our Site is stored, any software used in the provision of our Site or Services or any equipment or network or software owned or operated by any third party;
To use our Site and Services in compliance with any applicable terms that are relevant in the context of any organisation or company on whose behalf you are working or whom you may represent when using Seven (e.g. your employer on whose behalf you are using Seven), and generally per any legal requirements that may otherwise apply to you;
Not misuse our Site or Services by knowingly introducing viruses, trojans, worms, logic bomb, or otherwise technologically harmful material. You must not attempt to gain unauthorised access to the server on which our Site resides or any server, computer or database connected to our Site or attack our Site via a denial-of-service attack or a distributed denial-of-service attack; and
Not to use our Services to collect, manage or process Sensitive Data. We will not accept any liability that may result from your use of the Services to do so. The Services are not designed to comply with industry-specific regulations such as the US Health Insurance Portability and Accountability Act (HIPAA), Gramm-Leach-Bliley Act (GLBA), or the Federal Information Security Management Act (FISMA), or other laws relating to industries where financial data or additional Sensitive Data is regularly exchanged, so you may not use the Services otherwise where your communications would be subject to such laws.
By breaching these provisions, you may commit a criminal offence in the UK or elsewhere. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them.
You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of Seven.
Subject to these Terms, you are responsible for your Account, your Individual Data uploaded through it and your interactions with other Users, subject to any responsibility your company or employer may vicariously have for your acts or omissions when using Seven.
By providing any information that relates to a company, you warrant and represent that you are legally authorised to do so. You also warrant and represent that you are legally permitted to deal with any Data you may upload, access, amend or make available via Seven (either publicly or privately).
Account security and login details
You are responsible for keeping your Account secure while using the Service, including maintaining your account security at the highest possible level and not disclosing credentials to third parties.
We offer tools such as minimum password requirements to help you maintain security, but the content of your Account and its security are up to you. If you suspect that anyone other than you has wrongfully obtained your password, you should immediately both reset it and let us know if you suspect any unauthorised, fraudulent or wrongful activity has occurred through your Account.
You are responsible for all content posted and activity that occurs under your Account, subject to any vicarious liability your employer or other organization may have for your activities or omissions on Seven.
You accept that we are not liable for any loss or damage from your failure to comply with this security obligation.
Additional terms and Third-Party Sites and Services
Please note that third party legal terms may apply to your use of our Service. For example, you may be required to agree and adhere to third party terms where, for example, you link to a third party website or application via our Service.
By way of further example, Seven may from time to time use third party and open source software components which are subject to third party and open source licence terms.
Note that whilst the Agreement sets out your relationship with us, other parties' terms govern their relationships with you, including any agreements which you may reach with other Users of Seven.
Whilst we take no responsibility for any User's adherence to such terms or the actions taken by such third parties, you warrant and represent that you will honour and adhere to such terms when using the Service and that you will not hold us responsible for any interactions with such third parties or their terms, including for wrongful or negligent acts or omissions, or breaches of contract.
We do not control such sites, services or resources provided by third parties, or the content, messages or information found in or on, or accessible through them or through with Seven, including all Data such as User Footage and Embedded Content uploaded to Seven. Whilst we have restrictions around such content and information in the Agreement, we do not proactively enforce these and on that basis we disclaim and will have no liability regarding such sites, services or Data and any actions resulting from your use of the same. The availability of such sites or services on our Services, or their recommendation by other Seven Users, does not mean we endorse, support or warrant such Data, sites, resources or services.
Data standards and user interaction
You may create or upload Individual Data while using the Service. You are solely responsible for the content of, and for any harm resulting from, any Individual Data that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Data. We are not responsible for any public display or misuse of your Individual Data unless we have breached our obligations to keep any private Individual Data confidential.
You warrant and represent that you will only upload Data that you have the right to post and that you will fully comply with any third-party licences relating to Data you interact with or upload.
We do not pre-screen or actively monitor Individual Data. Still, we have the right (though not the obligation) to refuse or remove Individual Data that, in our sole discretion, violates any of our terms or policies (including the Standards outlined below).
Individual Data Standards
These standards (Standards) apply to any Individual Data that you upload to our Site. The Standards must be complied with in spirit and to the letter and apply to each part of Individual Data and its whole. We will determine, at our sole discretion, whether any Individual Data breaches our Standards.
You warrant that any Individual Data complies with the Standards set out in the Agreement.
Any Individual Data must:
Be accurate (where it states facts);
Be genuinely held (where it expresses opinions); and
Comply with the law applicable in the UK and in any country from which it is posted.
Individual Data must not:
Be defamatory of any person;
Be obscene, offensive, hateful or inflammatory;
Bully, insult, intimidate or humiliate;
Promote sexually explicit or pornographic material;
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
Infringe any copyright, database right, trademark or other intellectual property rights of any other person;
Be likely to deceive any person;
Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
Promote any illegal activity;
Be in contempt of court;
Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
Be likely to harass, upset, embarrass, alarm or annoy any other person;
Impersonate any person, or misrepresent your identity or affiliation with any person;
Give the impression that it emanates from or relates to us or one of our employees, or a company or entity and one of its employees or representatives, unless genuine;
Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducements to the commission, preparation or instigation of acts of terrorism;
Contain viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to affect any computer software or hardware operation adversely; or
Contain any advertising or promote any services or web links to other sites, other than lawful marketing or bona fide commercial content directed to individuals who have expressly opted into receiving such content (and have an option to opt out of receiving it) which is sufficient for the purposes of all relevant data protection, e-privacy or similar laws or legislation in the UK, EU and the jursidictions in which you, and the relevant recipient, are based.
- YOUR DATA
Where Seven includes any feature that allows you to store Individual Data privately on your Account (e.g. contact details for mailing lists) we consider these Data to be confidential to you. On the basis that we accept no liability, we will use reasonable endeavours to protect such Individual Data from unauthorised use, access, or disclosure in the same manner that we would use to protect our confidential information of a similar nature and in no event with less than a reasonable degree of care.
Typically our personnel may only access such private Individual Data in the following situations:
with your consent and knowledge, for support reasons;
if we have reason to believe the contents of a private Account violates the law or these Terms, in which case we reserve the right to access, review, and remove them;
where we are compelled by law to disclose such Data; or
when access is required for operational or security reasons, including when access is required to maintain ongoing confidentiality, integrity, availability and resilience of our systems and Service (in which case access will be limited to specifically authorised personnel and only exercised to the extent necessary to facilitate such purposes).
None of these are commonplace activities.
You may also choose to enable additional access to your Data. For example, you may share Footage or Embedded Content with third parties, via email, linking a URL through social media or other communication channels.
Please note that any footage or embedded content contained on the footage we generate with that call to action via the Service may be viewed or captured by third parties where you share it with anyone (including individuals other than the person you shared it with, where they share it onward).
The Service works to generate a URL link to your Footage featuring your Embedded Content, once it is generated. This URL will be publicly accessible from our Site, and the relevant Footage, including the Embedded Content, can be viewed by anyone who accesses that URL, until it is deleted from our Site.
Whilst there is no download feature permitting third parties to download the Footage (including the Embedded Content) we cannot guarantee that they will not use screen recording or capture, or other features, to record same.
If you do not want Your Data to be viewed or accessible by third parties, please do not share it, or a link to it, with anyone.
- Intellectual Property
Intellectual Property Notices
We and our licensors own all Our Data, including all intellectual property rights of any kind related to our Site and Service, and reserve all rights that are not expressly granted to you under the Agreement.
Our Site and Service is copyright © Seven Software Limited.
The "Seven", “Seven Software” and “Seven Video” names and brands, and associated logos, are our registered or unregistered trademarks.
You may not duplicate, copy, or reuse any portion of our Site or Service or our trademarks, without our express permission, save as set out in the "Linking to Our Site" section below.
Nor must you access our Site or Service where you are engaged as an employee or contractor with any business that competes with our own or to attempt to gain access to our confidential information with a view to building, creating or amending any software or service which competes with any element of the Service offered by us.
Using our Site and Service means you are granted specific licences or rights by both other Users and us, and that is required; in turn, you grant specific licences or rights to other Users and us.
Each of these licences is described below:
Your Licence to Link to Our Site
You may link to our Site (including where you do not have an account with us), provided you do so fairly and legally and in a way that does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Site on any website that you do not own unless you have relevant authorisations. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in these Terms. Our Site must not be framed on any other site.
We may withdraw this licence at any time on notice. If you have an Account with us and wish to link to or make any use of Data on our Site other than that set out above, please contact us.
The Licence You Grant to Us
By opening an account with us, you grant and assign our successors and us a non-exclusive, worldwide, royalty-free licence and right to store, utilise, and display Individual Data (in the manner in which you have made it available, and including the Embedded Content in any Footage), via a publicly accessible URL, and make copies as necessary to provide the Service and our Site.
For example, this includes a right to do things like copy it to our database and make backups, display the Individual Data and share it with you and other Users (unless access is restricted, in respect of Individual Data held on a secure User-only accessible section of your Account – this does not apply by default to the compiled Footage with Embedded Content), to analyse the Individual Data.
The licence you grant to others
Any Individual Data that you make available, i.e. Footage featuring your Embedded Content, which will be uploaded to a publicly accessible URL, may be viewed by others.
In these scenarios, you grant any third party who may view it a non-exclusive, royalty-free, worldwide, irrevocable licence to use and access the relevant Individual Data (including the Footage with Embedded Content) you have made available via the Service as permitted through the Site’s functionality from time to time.
You may agree to grant further rights or amend the rights granted if you agree some separate licence regarding your Individual Data with another person (outside Seven). In that case, you acknowledge and agree that any disputes regarding such licence terms are solely between you (and any organisation you represent) and the applicable third-party User (who has agreed to your licence terms).
We accept no responsibility for ensuring that any User adheres to such licence terms, and you agree to indemnify and hold us harmless in respect of any breach of same. That said, where you have agreed to licence terms with other Users we expect you to agree to honour same in spirit and to the letter and acknowledge that failure to do so shall constitute a breach of your Agreement with us and your separate legally binding contract with the person with whom you have agreed terms.
In the event of any conflict or inconsistency between the terms of this Agreement and the terms you have agreed with another User, the latter shall prevail over the former insofar as they relate to the Individual Data or Customer Data the subject of such agreement only.
If you are uploading Data you did not create or own, you are responsible for ensuring that the Data you upload is licensed under terms that grant these permissions to other Seven Users.
We're always trying to improve our Services, and your feedback will help us do that.
If you give us any ideas, know-how, algorithms, code contributions, suggestions, enhancement requests, recommendations or any other feedback for our products or services (Feedback) concerning our Service, you acknowledge and agree by accepting the Agreement that we will have a royalty-free, fully paid-up, worldwide, transferable, sub-licensable, irrevocable and perpetual licence to implement, use, modify, commercially exploit or incorporate the Feedback into our products, services, and documentation.
Where you otherwise hold same, you retain all moral rights to Individual Data that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted to us by you above, but not otherwise.
Intellectual Property Infringement
If you believe that content on our Site infringes your intellectual property rights or other applicable legal rights you may have, please contact us at firstname.lastname@example.org.
We cannot be responsible if you have failed to provide us with the relevant information, and we can only use reasonable efforts to investigate such complaints. There may be legal consequences for sending a false or frivolous notice, and we will close your account if you repeatedly send wrongful intellectual property infringement notices.
As an early access User, you may get access to information that isn't yet publicly available about new products and features that we plan to offer. Where we’ve indicated that such information ought to be kept confidential at the time of disclosure, given the nature of this information, it's important to us that you do so.
You agree that any information we publish on Seven (or otherwise provide you with) that isn't yet in the public domain, for example, information about a preview for a new service, is our confidential information (Confidential Information), whether or not expressly labelled as such. You agree only to use such Confidential Information to provide feedback on any new service (where we have asked for this) or as we otherwise permit in writing (the Purpose), not for any other purpose.
You also agree not to disclose, publish, or share any Confidential Information with or to any third party unless we have expressly encouraged this in writing, and then only in the manner we have encouraged or facilitated (for example, where you are part of a forum or feedback group we have organised to trial or discuss a new service and we have asked for feedback from all forum Users).
Finally, you agree to exercise the same degree of care with our Confidential Information to prevent any breach of the above terms as you would with your own sensitive, private or confidential information, which shall, in any event, be no less than a reasonable degree of care.
Confidential Information does not include information that is:
(or becomes) publicly available without breach of the Agreement through no act or inaction on your part (for example, where a previously private new Service is rolled out as a regular Service by us);
independently developed by you without breach of any confidentiality obligation to us or any third party; or
disclosed with our prior express written permission.
If you are required to disclose Confidential Information according to any order by a court or regulatory authority with jurisdiction over us, you must give us reasonable advance written notice to object (unless prohibited by law) and ensure the disclosure is limited to the maximum extent possible to comply with such an order of law.
- CANCELLATION OR TERMINATION OF YOUR ACCOUNT
Your Cancellation Rights
You can cancel your Account at any time by following the steps set out within the Service. We do not cancel Accounts in response to an email or contact form request.
Our Termination Rights
We have the right to suspend or terminate your Account and your access to all or any part of our Site at any time, without notice and without giving a reason, including where we believe you have breached the Agreement, or there has been a prolonged period of inactivity on that Account. If you have not breached the Agreement, we would typically endeavour to notify you in advance of such cancellation.
Consequences of Termination
We will not delete Individual Data that:
you have contributed to other Users;
that other Users have copied or used in accordance with the relevant licence granted to them under these Terms; or
has been published on a publicly accessible part of the Seven platform or is regarded as historic contribution Data.
If your Account is closed, then the Agreement will be deemed terminated.
All provisions of the Agreement which, by their nature or the context, are required or contemplated to survive termination or expiry of the Agreement will survive termination including, but not limited to, the intellectual property provisions, any disclaimers, the indemnity, and the limitations on our liability set out within these Terms.
For contractual purposes, to the extent permitted by law, you:
consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and
agree that all terms, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper.
Legal notices or service of proceedings you wish to provide must be in writing and served at our registered office address, per the relevant Northern Irish legal requirements.
- SUPPORT SERVICES
As Seven is currently provided on a free of charge basis, we offer no Support as a commitment under the Agreement. Where we, at our sole discretion, do offer Support, this will only take place via the general contact form but is provided entirely without guarantee / liability.
Where you initiate support requests, as noted above you are not entitled to a response from us (unless we are required to comply with some statutory obligation, e.g. in relation to data processing), however if you desire a reply you must be available to interact with our support team where they have any queries regarding a particular support request.
- DISCLAIMER OF WARRANTIES – PLEASE REVIEW CAREFULLY
We provide our Site, Support and the Service "as is" and "as available" without any kind of warranty, representation, or condition. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding our Site and the Service or the content, statements or other information contained on the Site, or products or services you may access through it, including, but not limited to, those of title non-infringement, merchantability, and fitness for a particular purpose.
You acknowledge that all Services may be subject to change at any time without notice. You use Services entirely at your risk. Access to the Services is permitted at out sole discretion, and we may suspend, withdraw, discontinue or change all or any part of the Services, either generally or to you specifically, at any time, for any reason, with or without notice.
You acknowledge and agree that access and use of any applicable Services we offer through your Account constitutes reasonable and sufficient consideration. In return for that access, you are willing to adhere to the terms of the Agreement, including these Terms.
Any of Our Data made available to you by us (i.e. excluding any through or in connection with Seven) is provided for your general information purposes only, and has not been tailored to your specific requirements or circumstances. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgment when using our Site and any content on it.
Neither we nor our affiliates or any of their respective employees, agents, merchants, third-party content providers or licensors, or any of their officers, directors, employees or agents warrant that the Service will meet your requirements; that the Service or Site or your use of them will be uninterrupted, secure, or error-free; that the information provided through the Service is accurate, complete, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components.
You assume full responsibility and risk of loss resulting from your downloading or using files, information, content or other material obtained from the Service.
To the extent permitted by law, time shall not be of the essence for any timeframes we might specify that we will comply with from time to time.
It is your responsibility to ensure you have adequate Customer Equipment as we specify from time to time to access our Services.
- LIMITATION OF LIABILITY– PLEASE REVIEW CAREFULLY
We do not exclude or limit in any way our liability to you where it would be unlawful to do so, including liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Otherwise, as outlined in these Terms, access to our Site and our Services is provided on a free of charge basis. As such, you acknowledge and accept (FOR AND ON BEHALF OF YOURSELF AND ANY THIRD PARTIES WITH WHOM YOU ARE LEGALLY CONNECTED) that we do not guarantee that the Services will be available or uninterrupted. Access to the Services is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of the Services, either generally, or for any User, at any time, for any reason, with or without notice.
We shall have no liability whatsoever to any User in respect of the Services, or any claims, causes of action, liabilities or losses which may arise in respect of, or in connection with same, even if forseeable OR IF THE PARTIES HAVE BEEN INFORMED OR ARE AWARE OF THE POSSIBLILITY OF SUCH DAMAGES, and however arising (whether in contract, tort (including negligence), breach of statutory duty, or otherwise) including where the Services are unavailable or in any way defective at any time or for any period, and includding where you rely on any content or information displayed via the site or that you access via the services.
THIS INCLUDES, WITHOUT LIMITATION, ALL LIABILITY for loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; loss of, damage to, or corruption of data; or any indirect, special or consequential loss or damage.
This further includes, without limitation, all liability resulting from (a) the use, disclosure, or display of your Individual Data, INCLUDING FOOTAGE AND EMBEDDED CONTENT; (b) your use or inability to use the Service; (c) any modification, price change, suspension or discontinuance of the Service; (d) the Service generally or the software or systems that make the Service available; (e) unauthorised access to or alterations of your transmissions or data; (f) statements or conduct of any third party on the Service; (g) any other user interactions that you input or receive through your use of the Service; or (h) any other matter relating to the Service.
You specifically accept and agree these limitations to be reasonable having regard to the lack of remuneration associated with the Services. The remainder of these Terms shall be construed accordingly.
- INDEMNITY AND RELEASE – PLEASE REVIEW CAREFULLY
You expressly agree that use of the Site and our Service is at your sole risk.
If you have a dispute with any other User(s) or third parties, you agree to release us from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You agree to indemnify, defend, and hold us and our group companies and employees harmless from and against any claims, liabilities, and expenses, including attorneys' fees, arising out of your use of Seven and the Service, including but not limited to those arising from your breach of the Agreement, provided that we:
promptly give you written notice of the claim, demand, suit or proceeding;
subject to you giving us such security as to financial cost as we reasonably require, and to our right to participate in and be advised on the progress of settlement of any claim via a counsel of our choosing, give you primary control of the defence and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases us of all liability); and
supply to you all reasonable assistance with the subject matter of the claim, at your expense.
- CHANGES TO SEVEN
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our Site (or any part of it) and our Services with or without notice.
The Agreement, its subject matter (including your access to and use of our Site and Service) and its formation (including any non-contractual disputes or claims) are governed by Northern Irish law. You and we both agree to the exclusive jurisdiction of the courts of Northern Ireland.
We may assign, novate, transfer, sub-contract or otherwise deal with the Agreement (or any of our rights or obligations under it), in whole or in part, to any person or entity at any time with or without your consent. If we sub-contract our commitments, we shall still be responsible to you for performance by our sub-contractors. You may not assign or delegate any rights or obligations under the assign, novate, transfer or otherwise deal with the Agreement without our prior written consent. Any unauthorised assignment and delegation by you shall have no legal effect.
If any part of the Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties original intent. The remaining portions will remain in full force and effect. Any failure to enforce any provision of the Agreement will not be considered a waiver of our right to enforce such provision. Our rights under the Agreement will survive any termination of the Agreement.
The provisions of the Agreement apply equally to and are for our benefit. That of our parent companies, subsidiaries, subsidiaries of parent companies and affiliates, and each shall have the right to assert and enforce such provisions directly or on its behalf, including the limitation and indemnity provisions.
No waiver by us of any breach or default or failure to exercise any right allowed under these terms is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under these Terms. The section headings used herein are for convenience only and shall be of no legal force or effect.
No one other than a party to the Agreement has any right to enforce any of its terms.
The Agreement may only be modified by a written amendment signed by one of our authorised representatives or by the posting by us of a revised version of the relevant documents forming the Agreement as highlighted at the beginning of these Terms.
We will not be liable for any default or delay due to events beyond our reasonable control, including acts of God, failure of telecommunications networks, failure or default of our hosting services provider, terrorism, natural disasters, earthquakes, fire, riots, floods, and other similar events.
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by the Agreement.
The Agreement represents the complete and exclusive contract between you and us and supersedes any proposal or prior agreement, oral or written. Any other communications between you and us relating to its subject matter, including any confidentiality or nondisclosure agreements.
The Agreement and correspondence by or between us regarding same will be and take place in the English language only. We make no promise that Seven is appropriate or available for use in locations outside the UK. If you choose to access the Site from locations outside the UK, you acknowledge you do so at your own initiative. In any event, when using Seven you are responsible for compliance with local laws where they apply.