TERMS AND CONDITIONS APPLICABLE TO THE USE OF THE FOREVERMARK MEDIA CENTRE WEBSITE www.forevermark.com/mediacentre

Use of the Forevermark Media Centre website (the “Media Site”) is restricted to use by you as authorised media and/or media and is conditional upon your acceptance of these Terms and Conditions (the “Terms”).

We reserve the right to amend these Terms from time to time without notice and at our discretion. It is your responsibility periodically to review this page for updates to these Terms, which shall come into effect once posted. Your continued use of the Media Site is deemed acceptance of these Terms. If you do not agree to these Terms you should not register and may not use the Media Site or any of the content therein.

All references to 'our’, 'us’, 'we’ or ‘company’ within these Terms are deemed to refer to Forevermark.

1. The Media Site

   The Media Site is hosted by SmallWorld Collaboration and operated by Forevermark. All rights in all material and content (including, but not limited to, text, images, web pages, sound, software (including, code, interface and Media Site structure) and video, and the look and feel, design and compilation thereof) at this Media Site are owned by us or our licensors. You agree that you are permitted to use the materials and images and/or content only as set out in these Terms or in the context of images, according to the usage rights as specifically set out for each individual image, save that from time to time you may be expressly authorised in writing by us or our licensors to receive additional usage rights.

2. Intellectual Property

   We are the owner and/or authorised user of all trade marks, service marks, design marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Media Site, unless otherwise expressly indicated. Except as provided in these Terms, use of the Media Site does not grant you any right, title, interest or license to any such intellectual property you may access on the Media Site.

   Unless otherwise indicated, the following credit must appear in association with any images used: Copyright © FOREVERMARK. All rights reserved.

3. Use of Materials Available on the Media Site

   You are welcome to view, download, print and make commercial use of hard copies of all images and materials in the ‘Press Releases’ and ‘Visual Library’ sections of the Media Site as they relate to your relationship with Forevermark. Other copying, whether in electronic, hard copy or other format, of all other materials on the Media Site is prohibited and may breach intellectual property laws and other laws worldwide. Furthermore, use of any images or materials outside of your relationship with Forevermark is prohibited, meaning you are not entitled to reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share, use or make available to any person, offer for sale, or create derivative works of any such images or materials without our prior written consent. You are not allowed to establish outside links to the Media Site or any of its pages from any other website. All other rights are reserved.

   If you infringe any of these Terms, we reserve the right to terminate your unique user log-in and cancel access to this Media Site.

4. No Warranties

   The Media Site is provided "as is," and your use of it is at your own risk. We, our officers, directors, employees, agents and assigns, disclaim, to the fullest extent permitted by law, all express and implied warranties, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Media Site will be free from viruses, available or that the contents will be accurate. Although we take reasonable steps to secure the Media Site, you acknowledge that the internet is not a completely secure medium and we make no warranties, express or implied, that any information or materials you post on or transmit through the Media Site will be safe from unauthorized access or use. If you are dissatisfied with the Media Site, your sole remedy is to discontinue using it.

5. Third Party Services

   This Media Site may contain links or references to other websites outside of our control. Please be aware that we have no control over these websites and therefore do not vouch for those persons, companies and other organisations whose services may be accessed or displayed through or on the Media Site.

6. Media Responsibilities

   Any journalists or media organisations wanting to make use of the Media Site are required to register with us in advance. You will be issued by us a unique user name log-in and password for access to the Media Site. It is your responsibility to ensure that you keep this information secure and do not share this with anyone who is not authorised by you to access the Media Site. You will be held responsible for any damage caused through your user name log-in by any unauthorised person, including unauthorised use of any content.

   You should always verify the information set out in this Media Site with independent authorities before acting or relying on it. It is your responsibility to use virus checking software on any material downloaded from this Media Site and to ensure the compatibility of such software with your equipment.

7. No Liability

   To the fullest extent permitted by law we, our officers, directors, employees, agents and assigns, hereby disclaim all liability for any loss, cost or damage (direct, indirect, consequential, or otherwise) suffered by you as a result of your use of the Media Site or from any computer virus transmitted through the Media Site, or other websites accessed from this Media Site, whether such loss, cost or damage arises from our negligence or otherwise and even if we are expressly informed of the possibility of such loss or damage. In no event shall our total liability to you for all damages, costs, losses and causes of action in the aggregate (whether in contract, tort, including but not limited to negligence, or otherwise) arising from the Terms, or use of the Media Site exceed, in the aggregate, £100.00 (sterling) or equivalent.

8. Privacy Statement

   • 8.1 User Information

     Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Media Site, any of its services, by email, or in any other way. Any information or material submitted by you, and which has not been specifically requested by us, will be deemed not to be confidential, secret or proprietary. We shall have no liability for any loss or damage suffered by you as a result of use or disclosure of such materials by us to the extent permitted by law. This paragraph does not affect any rights you may have under data privacy laws that protect your information or similar privacy laws, to the extent that such rights cannot be excluded.

   • 8.2 How We Apply User Information

     We may use your user information in order to communicate with you about our products and services and Forevermark news. We may also use information for internal analysis, for example, to measure the amount of traffic to the Media Site. We may also share user information with others, in aggregate anonymous form, which means that the information will not contain any identifiable information about you.

     We may collect, use and/or disclose your user information if permitted by law or required to do so by law or where we believe such action is necessary in order to detect, protect or defend us and/or other third parties against error, negligence, breach of contract, theft, fraud and other illegal or harmful activity, to comply with our audit and security requirements, and to audit compliance with or corporate policies, procedures, legal and contractual obligations.

   • 8.3 Cookies

     In common with many websites, we use "cookies" to help us gather and store information about visitors to our Media Site. A cookie is a small data file that our server sends to your browser when you visit the Media Site. The use of cookies helps us to assist your use of certain aspects of the Media Site. You can delete cookies at any time or you can set your browser to reject or disable cookies. You can obtain information about how to manage cookies at www.allaboutcookies.org.

   • 8.4 Security

     We take security seriously and we take precautions to keep your user information secure. We have put in place appropriate physical, electronic and managerial procedures to safeguard the information we collect. We have no control over the privacy of any e-mail communications while in transit to us.

     In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we will endeavour to do so as promptly as possible under the circumstances, and, to the extent we have your e-mail address, we may notify you by e-mail.

9. Indemnity

   You will indemnify us against any loss, damage or cost incurred by us arising out of your use of the Media Site, any of its services or any information accessible over or through the Media Site, including information obtained from linked websites, your submission or transmission of information or material on or through the Media Site or your violation of these Terms or any other laws, regulations and rules. You will also indemnify against any claims that information or material which you have submitted to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters and that you will fully cooperate with us in any such defences.

10. Restriction, Suspension and Termination

    We may restrict, suspend or terminate your access to the Media Site and/or your ability to avail of any of the services on the Media Site, including interactive services, if we believe that you have breached these Terms at any time. Any such restriction, suspension or termination will be without prejudice to any rights which we may have against you in respect of your breach of these Terms. We may also remove the Media Site as a whole or any sections or features of the Media Site at any time. Please note that we have the ability to trace your IP address and if necessary contact your ISP in the event of a suspected breach of these Terms.

11. Miscellaneous

    These Terms constitute the entire agreement between you and us in relation to its subject matter and supersedes any and all prior promises, representations, agreements, statements and understandings whatsoever between us. To the extent that software is available through the Media Site, such software may be subject to a licence agreement that is distributed or included with such software and you agree to abide by the terms and conditions of any such licence agreements. The failure by us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be unenforceable or invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. We may cede assign or otherwise transfer our rights and obligations in terms of these Terms to third parties.

12. Copyright

    We respect the intellectual property rights of others, and require that the people who use the Media Site do the same.

13. Law and Jurisdiction

    These Terms and any matter relating to this Media Site, shall be governed by and construed in accordance with English law.

14. Contact Information

    Forevermark
    17 Charterhouse Street
    London EC1N 6RA.
    Email: mediacentre@forevermark.com

May 2009

© 2011 Forevermark. Forevermark Limited (reg. no. 06501918), 17 Charterhouse Street, London EC1N 6RA, UK

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