Terms and conditions
Introduction
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our EKS Digital Design’s (EKS.TV) use of cookies in accordance with the terms of EKS.TV’s privacy policy.
License to use website
Unless otherwise stated, EKS Digital Design (EKS.TV) and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without EKS.TV’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
No warranties
This website is provided “as is” without any representations or warranties, express or implied. EKS Digital Design (EKS.TV) makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, EKS.TV does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind.
Limitations of liability
EKS Digital Design (EKS.TV) will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if EKS Digital Design (EKS.TV) has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit EKS.TV’s liability in respect of any:
- death or personal injury caused by EKS.TV’s negligence;
- fraud or fraudulent misrepresentation on the part of EKS.TV; or
- matter which it would be illegal or unlawful for EKS.TV to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Indemnity
You hereby indemnify EKS Digital Design (EKS.TV) and undertake to keep EKS Digital Design indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by EKS Digital Design (EKS.TV) to a third party in settlement of a claim or dispute on the advice of EKS Digital Design’s legal advisers) incurred or suffered by EKS Digital Design (EKS.TV) arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].
Breaches of these terms and conditions
Without prejudice to EKS Digital Design’s (EKS.TV) other rights under these terms and conditions, if you breach these terms and conditions in any way, EKs Digital Design may take such action as EKS Digital Design deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation
EKS Digital Design (EKS.TV) may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
EKS Digital Design (EKS.TV) may transfer, sub-contract or otherwise deal with EKS.TV’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire agreement
These terms and conditions constitute the entire agreement between you and EKS Digital Design (EKS.TV) in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with law, and any disputes relating to these terms and conditions will be subject to the jurisdiction of the courts of the State of New York, USA.
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