“Company Data” means all data or information made available through the Report.
“Company IP” means the Report, Company trade names, logos, trademarks, service marks, domain names, all audiovisual content, photographs, graphics, artwork, text or any other content created by Company or at Company’s direction, or assigned to Company, any Company marketing and promotional materials and any other materials, software, technology or tools used or provided by Company to provide, promote or distribute the Report and conduct Company’s business in connection therewith.
“Confidential Information” means all information of a confidential or proprietary nature provided by Company to you, including all Company Data and Company’s proprietary thought leadership, graphics, layouts, reports and other information that embodies substantial creative efforts, copyrightable material, ideas and expressions in connection with the Report.
“Rules” means applicable laws, rules, regulations, declarations, decrees, directives, statutes, or other enactments, orders, mandates or resolutions issued or enacted by any government entity (including any domestic or foreign, state, county, municipal, local, territorial or other government), or applicable guidelines or principles issued by any governmental entity and any industry self-regulatory principles that are applicable in the location or region where Company Data is collected or held or otherwise processed or where the Platform is provided or received, including, but not limited to, those related to privacy, security and data protection or the interception, recording or monitoring of communications, including the collection, processing, storage, protection, use and disclosure of Company Data and the collection, use and/or disclosure of information from or about a unique user of a website, application and/or mobile website and/or the device associated with such user.
3. YOUR SUBSCRIPTION. You must access the Report solely using your unique download code. You shall proactively protect this download code and not share it with anyone. You shall immediately provide Company with prompt written notice of any known or suspected unauthorized use of your download code. You are responsible for all usage and activity on your account and for the loss, theft, and/or unauthorized disclosure of your password.
4. RESPONSIBILITIES. You are responsible for all costs associated with accessing and using the Report and Company Data. Company shall not be liable for errors and omissions in the Report or Company Data. Company will not provide sales, marketing or consultancy functions as part of the Report, unless specifically stated on order form.
6. INTELLECTUAL PROPERTY RIGHTS.
11. DISCLAIMERS. THE REPORT AND COMPANY DATA ARE PROVIDED “AS IS” AND COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THE ACCURACY OF ANY COMPANY DATA. COMPANY SHALL NOT BE LIABLE FOR ANY ERRORS RESULTING FROM THE USE OF ANY COMPANY DATA.
a. Marketing. You grant to Company, its affiliates and its and their employees and representatives the right to use your name and logo in Company’s marketing materials and to publicise your use of the Report. If you do not want Flamingo to do this, you must opt out of Marketing at point of purchase.
b. Notices. All notices, requests and consents hereunder shall be in writing, in English, and deemed given on the date received as evidenced by proof of receipt, and delivered by (i) hand; (ii) certified mail, or e-mail. Notice shall be sent to Company at FAO Publishing, Flamingo Group, Bankside 2, 100 Southwark Street, London, SE1 0SW, UK or by Email: email@example.com. Notices shall be sent to you at the address you used to register with the Report.
d. Governing Law. All claims arising out of or relating to this agreement will be governed by the laws of England and Wales, and will be litigated exclusively in the courts of England and Wales; the parties consent to personal jurisdiction in those courts.
e. Force Majeure. Company shall not be liable for any failure of publication due to causes beyond its reasonable control, including, but not limited to, acts of God, fire, flood or other catastrophes, any law, order, regulation, direction, action or request of any governmental entity or agency, or any civil or military authority, national emergencies, insurrections, riots, wars, or strikes, lock-outs, work stoppages, or labor difficulties.