Terms and Conditions
Limitation of Liability
Both parties will not be liable
for indirect, special or consequential damages, or any loss of revenue, profits
or data, arising in connection with this Agreement or the Program, even if
either party has been advised of the possibility of such damages.
Customer agrees that it shall
defend, indemnify, save and hold Eggbox Media harmless from any and all
demands, liabilities, losses, costs and claims, including reasonable attorneys'
fees ("Liabilities") asserted against Eggbox Media, its agents, its
customers, servants officers and employees, that it may initiate or that may
arise related in any way to Customer business involving Eggbox Media and itŐs
Eggbox Media product.
Intellectual Property
Any software, trademarks, trade
names, or other intellectual property owned by Eggbox Media shall remain solely
and exclusively their property. Any use permitted of the trademarks, trade
names, or other intellectual property of Eggbox Media is granted only as a
limited license for the term of this Agreement. Customer acknowledges any
unauthorized use of any trademarks, trade names, or other intellectual property
shall result in immediate and irreparable damage to Eggbox Media, which cannot
be easily measured in monetary terms.
Likewise, trademarks, trade
names, or other intellectual property owned by Customer shall remain solely and
exclusively their property. Any use permitted of the trademarks, trade names,
or other intellectual property of Customer is granted only as a limited license
for the term of this Agreement. Eggbox Media acknowledges any unauthorized use
of any trademarks, trade names, or other intellectual property shall result in
immediate and irreparable damage to Customer, which cannot be easily measured
in monetary terms.
Confidentiality
Eggbox Media hereby promises to
keep any and all e-mail database information provided by user confidential and
shall not release any information to third parties except as otherwise directed
herein, authorized by user in writing. If such information is public knowledge that this confidentially portion
of this agreement doesnŐt apply.
Web Site Service Interruption and Tracking
Failures
Eggbox Media will make every
effort to keep the system operational. However, certain technical difficulties
may, from time to time, result in temporary service and tracking interruptions.
Customer agrees to hold Eggbox Media harmless and not liable for any
consequences financial or otherwise due to such interruptions and Eggbox Media
agrees to make our best efforts to limit said interruptions.
Representations and Warranties
EGGBOX
MEDIA makes no warranties as to the content of its customers' videos. Customers
may not submit material that is copyrighted,
protected by trade secret or otherwise subject to third party proprietary
rights, including privacy and publicity rights, unless you are the owner of
such rights or have permission from their rightful
owner to distribute the material.
Users shall not upload, e-mail, or deliver
any content which in any way: libels, defames, threatens, is pornographic or
obscene, or abusive; or advocates illegal activity
All
users of the system must be employees of the Customer. No subcontracting of this service is
allowed. A template is defined as
the text and the graphics that surround the video.
Account
Termination Policy
Eggbox Media may terminate a
User's account if, under appropriate circumstances, they are determined to be
violating the terms and conditions of this agreement.
Eggbox Media reserves the right
to decide whether content is appropriate and complies with these Terms of
Service for violations other than copyright infringement, such as, but not
limited to, pornography, obscene or defamatory material. Eggbox Media may
remove such video and/or terminate a User's account in violation of these Terms
of Service at any time, without prior notice and at its sole discretion.
Conclusion
We are
committed to making our service work for you and your company. If at any time you
need our assistance please notify us and allow us to help you through any issue
that you may have with our system. If after that time you decide you want to
cancel we ask that you give us a 30 day written notice
of your desire. We honor all reasonable requests. This is a legal document. If any part of this agreement is
deemed unlawful in a court of law then the other parts of this agreement stand. Customer acknowledges that they have read this
agreement and agrees to all its terms and conditions. Customer further
understands that Eggbox Media may at any time (directly or indirectly) solicit
other clients on terms that may differ from those contained in this agreement.