Your access to and use of MADISONSOHO'S website (this "Site"),
which is owned and operated by MADISONSOHO through or with one or
more of its affiliated companies, (together "MADISONSOHO"), shall
be governed by the following terms and conditions of usage and
privacy statement ("Terms of Usage"). This Site, and the
information contained on or through this Site, may be accessed only
by (i) persons who have been authorised by their employer to use
this Site pursuant to these Terms of Usage, or (ii) persons who
have the authority to bind their employer to the use of this Site
pursuant to these Terms of Usage (in each case, an "Authorised
User"). By using this site, you agree to be bounds to the Terms of
Usage as set out below. If you, or your employer, do not wish to be
bound by these Terms of Usage, you must not use this Site. PLEASE
READ THESE TERMS OF USAGE CAREFULLY BEFORE USING THIS SITE.
Section 1 - SCOPE AND SITE STRUCTURE /
1.1 Structure & Links. This Site is an
information and services portal provided by MADISONSOHO. Through
this Site, you can review information about the company and may
gain access to certain services that allow you to create and
manipulate various documents and place orders for printing and
various other services. This Site may also contains hyper-links,
which allow users to click-through to the applicable pages on
certain web sites on which additional content may be accessed and
viewed. In addition, through this Site, you may have access to
research, financial news and other market data created or provided
by certain third-party information suppliers that are not
affiliated with MADISONSOHO ("Third-Party Content"). Finally, your
use of this Site may lead you, via a hyper-link or otherwise, to
use Web sites independently owned and operated by other third
parties ("Third-Party Sites"). If you click-through to any
Third-Party Sites, either directly or indirectly through this Site
(collectively, the "Linked Sites"), you acknowledge and agree that
you shall be subject to the terms and conditions of usage
applicable to such Linked Sites.
1.2 Disclaimer. MADISONSOHO may provide links
to the Linked Sites and access to any Third-Party Content only as a
convenience and without (i) any obligation on the part of
MADISONSOHO or the Members (which term for purposes of this Section
1.3 shall not include a particular Member when the Linked Site is
that Member's own Web site) to review such Linked Sites or
Third-Party Content or (ii) any liability or responsibility arising
out of your use thereof. The fact that you may click-through to
Linked Sites or be provided with access to Third-Party Content does
not mean that MADISONSOHO or the Members endorse or guarantee such
Linked Sites, the Linked Sites' sponsors or the Linked Sites'
content, or the Third Party Content's sponsors or the Third-Party
Content. MADISONSOHO takes no responsibility for Third Party
Content (including, without limitation, its accuracy or any viruses
or other disabling features), nor does MADISONSOHO have any
obligation to monitor such Third Party Content. Linked Site content
and Third-Party Content to which you link or are provided access,
either directly or indirectly, from or on this Site will not have
been developed, reviewed or monitored by MADISONSOHO or the
Members, and MADISONSOHO and the Members cannot and do not
guarantee or make any representation or warranty, either express or
implied, as to the accuracy, validity, sequence, timeliness,
completeness or continued availability of any such content. You
should not rely on the Site as expressing an opinion or as
representing current information. MADISONSOHO has not undertaken,
and does not undertake any duty to update the content on this Site
or otherwise advise you of changes in their opinion or in the
information. The content is provided for your convenience only, and
is not a republication or reconfirmation of the opinion or
information contained therein. MADISONSOHO expressly disclaims any
and all liability arising out of claims as a result of your use of
this site, including but not limited to any allegations of
intellectual property violations. By posting documents on this
site, you agree to defend, indemnify and hold harmless MADISONSOHO
for any and all claims arising as a result of such documents or
posting content on this site. MADISONSOHO reserves the right at all
times to remove or refuse to distribute any content on the Service,
such as content which violates the terms of this Agreement.
1.3 Posted Guidelines. In addition to these
Terms of Usage, when using this Site, you shall be subject to and
agree to follow any posted guidelines or rules, which may be posted
from time to time. MADISONSOHO may, in its sole discretion, modify
or revise these guidelines or rules at any time, and you agree to
be bound by such modifications or revisions.
1.4 Registration Data. In consideration of your
use of certain features of this Site, you and/or your employer
agree to: (a) provide true, accurate, current and complete
Registration Data (as defined below in Section 3.1) to MADISONSOHO
and to the Members either as provided directly to MADISONSOHO by
your employer or as prompted by the Site's registration form and
(b) maintain and promptly update the Registration Data, or similar
information provided and to keep the same true, accurate, current
and complete.
1.5 Passwords. Provided that you register for a
service and your Registration Data (as defined below in Section
3.1) is approved and certified by MADISONSOHO, a password will be
provided to you to permit you to use this Site and, where
authorised, to provide convenient and seamless access to certain
Member Web Sites and Linked Sites. The password assigned to you is
for your use only and you are solely responsible for the
safekeeping of your password. You are responsible if your password
is lost, stolen or misused and you must notify us immediately if
any of these events happen. You will be responsible for all
activity attributable to your password.
1.6 Right to Terminate User Access. MADISONSOHO
reserves the right to limit, restrict and terminate your access to
and use of this Site at any time, in whole or in part, in its sole
discretion and without notice.
1.7 Restrictions. You may use the Site only in
conjunction with the information or services provided therein. You
shall not copy, in whole or in part, the MADISONSOHO Site or
related documentation, whether in the form of computer media, print
or any other form. YOU MAY NOT RECOMPILE, DECOMPILE, DISASSEMBLE,
REVERSE ENGINEER TO OTHERWISE PRODUCE HUMAN READABLE CONTENT
THEREFROM, OR MAKE OR DISTRIBUTE ANY OTHER FORM OF, OR ANY
DERIVATIVE WORK FROM, THE MADISONSOHO SITE.
1.8 Regulations; Use of
Services. You shall be responsible for (i) compliance with
all laws and governmental regulations affecting its business, (ii)
any use you may make of the Services to assist you in complying
with such laws and governmental regulations, MADISONSOHO shall not
have any responsibility relating thereto and (iii) compliance with
all laws, rules and regulations relating to its use of the
Services, including, but not limited to, those related to
proprietary rights, data privacy and international communications.
You may not use this site to engage in any illegal activity or to
engage in conduct which is defamatory, libelous, threatening or
harassing to MADISONSOHO or any other person or business entity.
You agree that you will not upload, transmit or otherwise
distribute content that infringes upon another party's intellectual
property rights or other proprietary, contractual or fiduciary
rights or obligations, and will be solely liable for such
infringement. You agree that you shall not engage in disruptive
activities and that you shall be responsible for all content that
you use or transmit in connection with the use of the Site. You
further agree that you will comply with all the restrictions on use
applicable to the Site, as set forth on the Site. MADISONSOHO
hereby disclaims any and all liability arising as a result of your
use of MADISONSOHO's Services to assist you in complying with such
laws and governmental regulations
1.9 Intellectual Property. MADISONSOHO's
Intellectual Property Rights. You acknowledge that MADISONSOHO owns
all right, title and interest in and to the information and any
Service provided through the Site, including without limitation all
intellectual property rights (the "MADISONSOHO Rights"), and such
MADISONSOHO Rights are protected by U.S. and international
intellectual property laws. MADISONSOHO owns all rights, title and
interest (including all other copyrights, trademarks and other
intellectual property rights) in this Web site and all names,
terms, logos, slogans, images and other indicia identifying
MADISONSOHO's products or services are proprietary marks belonging
to MADISONSOHO. Accordingly, you agree that you will not copy,
reproduce, alter, modify, or create derivative works from the
Service. You also agree that you will not use any robot, spider,
other automated device, or manual process to monitor or copy any
content from the Service. MADISONSOHO does not claim any ownership
in any of the content, including any text, data, information,
images, photographs, sound, video, or other material, that you may
from time to time upload, transmit or store in your MADISONSOHO
account. We will not use any of your content for any purpose except
to provide you with the Service as per this and any other agreement
between MADISONSOHO and you.
Section 2 - DISCLAIMER OF WARRANTY AND LIMITATION OF
LIABILITY /
2.1 Information and Services "As Is" and "As
Available". THE INFORMATION AND SERVICE PROVIDED ON OR
THROUGH THIS SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT
WARRANTY OF ANY KIND. YOUR USE OF THIS SITE OR ANY LINKED SITE IS
AT YOUR OWN RISK. ALTHOUGH THE INFORMATION ON THIS SITE IS OBTAINED
OR COMPILED FROM SOURCES MADISONSOHO BELIEVES TO BE RELIABLE,
MADISONSOHO CANNOT AND DOES NOT GUARANTEE OR MAKE ANY
REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO THE
ACCURACY, VALIDITY, SEQUENCE, TIMELINESS, COMPLETENESS OR CONTINUED
AVAILABILITY OF ANY INFORMATION OR DATA OR SERVICE MADE AVAILABLE
ON THIS SITE OR ON ANY LINKED SITE. IN NO EVENT SHALL MADISONSOHO
BE LIABLE FOR ANY DECISION MADE OR ACTION OR INACTION TAKEN BY YOU
IN RELIANCE ON ANY INFORMATION OR DATA ON THIS SITE OR ON ANY
LINKED SITE. MADISONSOHO FURTHER EXPLICITLY DISCLAIMS, TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. MADISONSOHO, ITS MEMBERS, SUPPLIERS OF
THIRD-PARTY CONTENT AND ANY OTHER THIRD PARTY WORKING WITH
MADISONSOHO SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR
INDIRECTLY, FOR ANY DAMAGES OR LOSS (INCLUDING DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL AND ANY AND ALL OTHER FORMS OF DAMAGES OR
LOSSES REGARDLESS OF THE FORM OF THE ACTION OR THE BASIS OF THE
CLAIM) CAUSED OR ALLEGED TO BE CAUSED IN CONNECTION WITH YOUR USE
OF THIS SITE WHETHER OR NOT FORESEEABLE, EVEN IF MADISONSOHO OR ANY
OF ITS SUPPLIERS OR OTHER THIRD PARTIES WORKING WITH MADISONSOHO IN
CONNECTION WITH THIS SITE HAS BEEN ADVISED OF THE POSSIBILITY OR
LIKELIHOOD OF SUCH DAMAGES.
Section 3 - PRIVACY STATEMENT /
3.1 Access. In order to access certain features
of this Site you may be required to register. During the
registration process, either you or your employer will be required
to provide MADISONSOHO with certain information, including your
name, employer, title, business address, business telephone number
and business e-mail address ("Registration Data"). This
Registration Data will be shared only with MADISONSOHO companies,
by you or your employer, to authorise your use of this Site. While
you are accessing this Site our Web servers may recognise your: (a)
domain name; (b) ISP's domain name; (c) IP address; (d) browser
type; and (e) operating system. If you contact us with a technical
question, we may collect certain information about your systems,
including: (a) your browser type, version and settings (e.g. Java
and cookie settings); (b) connectivity information (e.g. SSL/HTTPS
compatibility, bandwidth capacity); and browser plug-in information
(e.g. do you have Adobe, what is your media player, can you open
Flash files, etc.). It is also possible that, upon agreement by
you, MADISONSOHO's system may place certain programs, scripts or
packets of information on your computer. These items are used
solely to carry out the functions of the Site and for no other
purpose.
3.2 Use of Information. Except for (i)
Registration Data, which will be shared only with MADISONSOHO
companies, by you or your employer, to authorise your use of this
Site, all information collected from you and recorded about you in
connection with your use of this Site will be shared with
MADISONSOHO. Registration Data may be used by MADISONSOHO: (a) in
order to allow us to provide you with the products and services
included within or accessible from this Site; (b) in order for us
to provide you with access to or from the Linked Sites; (c) for our
own marketing and/or research and development purposes; and (d) in
connection with our client services and client management
systems.
3.3 Disclosure of Information. MADISONSOHO
understands that privacy is important to you. Except as otherwise
noted herein, MADISONSOHO will not rent or sell information we have
collected from or about you without your permission. For the
purposes specified in the preceding paragraph, we may transfer or
disclose Registration Data, Access Data and Visitor Data to any
MADISONSOHO company, wherever located in the world. We may disclose
Registration Data, Access Data and Visitor Data to third parties
who are contracted to perform services on behalf of MADISONSOHO,
such as those who assist MADISONSOHO in bringing you this Site and
providing you with certain features and functionality included
within or accessible via this Site. We may also disclose
Registration Data, Access Data and Visitor Data to third parties in
connection with their providing you access to this Site or to allow
you to access the Linked Sites. Disclosures to these third parties
will be subject to confidentiality agreements and, where required,
governed by contract in the form required by law. MADISONSOHO may
also be required, and reserves the right, to disclose information
to governmental, regulatory or self-regulatory entities or agencies
in response to regulatory inquiries or to comply with applicable
laws, rules, regulations, court orders, subpoenas or other legal
processes.
3.4 Consent. By (a) agreeing to these Terms of
Usage, which include this Privacy Statement, or (b) by using this
Site, and, in either case, providing any information that may be
required, invited or otherwise collected by us as set forth above,
you freely consent to MADISONSOHO processing your information in
the United States, England and any other countries and territories
for the purposes set out in these Terms of Usage, and you also
consent to the transfer of your information for such purposes to
any MADISONSOHO company wherever such entity may from time to time
be located and to any third parties as described above and in
accordance with applicable law and regulations. If you do not wish
MADISONSOHO to collect any of your information or do not agree with
any of the terms and conditions of these terms of Usage, you should
not use and should exit this Site. If after registering with
MADISONSOHO, you desire to withdraw the consent granted in this
Section 3.4 for all future use of your information by MADISONSOHO,
you must notify MADISONSOHO in writing at the address listed below
and immediately cease use of this Site.
3.5 Inquiries. If you have any questions
regarding this Privacy Statement or your information that is held
by us, please contact MADISONSOHO in writing using the contact
information provided below. If we receive a request regarding your
personal information held by us, we will use reasonable means to
provide you with such information that we can reasonably compile.
You will be given the opportunity to rectify any inaccuracies in
such information.
3.6 Encryption. MADISONSOHO may use encryption
technology to protect certain transmissions of data to/from this
Site, but e-mail and other communications, unless otherwise noted
on this Site, are not encrypted to/from this Site. Therefore, you
should not send any personal or identifying information, such as
account numbers, credit card numbers, Social Security numbers,
passwords, etc., to MADISONSOHO via e-mail. By utilising e-mail or
other electronic communication means you acknowledge that you have
no expectation of privacy with respect to the information delivered
thereby and that MADISONSOHO will not be responsible for any loss
or damage that could result from interception by third parties of
any information so sent.
3.7 Linked Sites. Please remember that when you
leave this Site and access a Linked Site you will be subject to the
terms of use and privacy policies, if any, of the Linked Site that
you are visiting. MADISONSOHO will have no control over or
liability for claims arising out of the terms of use or privacy
policies of such Linked Sites.
3.8 Contact Information. In the event you have
any questions regarding these Terms of Use, this Privacy Statement
or your information that is held by us you may contact us in
writing at Fazeley Studios, 191 Fazeley Street, Birmingham, B5
5SE.
Section 4 - MISCELLANEOUS /
4.1 Entire Agreement. These Terms of Usage
constitute the entire agreement of the parties hereto with respect
to the subject matter hereof and supersede all prior agreements and
undertakings, both written and oral, between the parties with
respect to the subject matter hereof.
4.2 Governing Law. For all users, these
Terms of Usage shall be governed in all respects by the laws of
England, and any litigation arising out of or connected in any way
with these Terms of Usage shall take place in the courts of
England.