*IMPORTANT – PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY*
1) Changes and Special Additional Terms and Conditions
Sunset+Vine may revise the General Terms at any time without notice. You should revisit this section of the site periodically to make sure you are aware of the most recent General Terms because they will be binding on you. Your use of the Site or Services after such changes constitutes your agreement to such changes.
You are advised to check each page you visit on the Site. Some locations may have special additional terms and conditions that apply to use of or interaction with that location. These terms and conditions may also be changed at any time without notice. Your use of that location constitutes your acceptance of those special additional terms and conditions.
2) Sign Up
From time to time, we may restrict access to some parts of our Site, or our entire Site, to users who have registered with us by completing the registration form in the Subscribe To Our Newsletter section of the site.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our Sign Up procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these General Terms.
We aim to update our Site regularly, and may change the content or services we provide at any time without notice. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.
3) Use of the Site
A. Site Security. You are prohibited from violating, or attempting to violate, the security of the Site or Services. Any such violations may result in criminal and civil liabilities to you. We will investigate any alleged violations, and, if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations of the security of the Site and Services include, without limitation, the following:
Logging into or attempting to log into a server or account that you are not authorized to access;
Accessing data or taking any action to obtain services not intended for you or your use;
Attempting to probe, scan, or test the vulnerability of any system, subsystem or network;
Tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures without proper authorization;
Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the Site or Services;
Interfering with, intercepting or expropriating any system, data or information; or
Interfering with service to any user, host, or network including, without limitation, by means of overloading, “flooding,” “mailbombing,” or “crashing” any computer system.
B. “Spam” and Similar Actions. You are prohibited from transmitting the same or similar unsolicited e-mail messages, bulk commercial advertising, or chain letters to one or more e-mail groups (which are two or more e-mail addresses aggregated as a single e-mail addressee).
C. Infringement. You are prohibited from using the Site or Services to infringe on any person’s copyright, trademark, patent or other intellectual property rights. We may terminate your right to access the Site and Services if we believe you are using the Site and Services in a manner that infringes the copyright, trademark, patent or other intellectual property rights of another. You may be ordered by a court to pay money damages to us and to the rightful owner of any intellectual property rights you violate.
D. Other Prohibited Actions. In using the Site or Services, you must not:
Post, e-mail, or otherwise transmit or use the Site or Services in furtherance of any unlawful, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive of another person’s privacy or other rights, or any material that Sunset+Vine in its sole discretion does not wish posted or transmitted on the Site and Services;
Continue to send e-mail to a recipient who has indicated that he/she does not wish to receive a communication from you;
Engage in and/or encourage conduct that would: 1) violate any applicable law or regulation or 2) give rise to civil liability;
Engage in conduct which could damage or impair the intended operability of the Site or the Services.
Impersonate any individual or entity, falsely state or otherwise misrepresent your identity or affiliation in any way, or forge, delete or alter any part of TCP/IP packet header information in any e-mail or other posting;
Engage in deceptive online marketing; or
Assist or permit any persons in engaging in any of the activities described above.
E. Your Content. You must exercise caution, good sense and proper judgment in using the Site and Services. You are responsible for any material you place on or transmit to or through the Site or Services. You agree, represent and warrant that any information you post to or transmit through the Site or Services is truthful, accurate, not misleading and offered in good faith, and that you have the right to post or transmit such information. Such information (including without limitation, data, text, software, music, sound, photographs, graphics, video, messages or any other materials whatsoever), whether publicly posted or privately transmitted, is your sole responsibility.
F. You agree that use of any information obtained via the Site or Services is at your own risk.
G. Consequences of Unacceptable Use. We reserve the right (but not the obligation) in our sole discretion to refuse or delete any of your content as well as suspend or terminate without notice your access to the Site and Services upon a violation or attempted violation of this Agreement and, should we reasonably feel it is necessary, to bring legal proceedings against you and/or to disclose details of the violation or attempted violation of this Agreement to law enforcement authorities. We exclude liability for actions taken in response to breaches of this Use policy. The responses described herein are not limited, we may take any other action we reasonably deem appropriate. Indirect or attempted violations of this Agreement, and actual or attempted violations by a third party acting on your behalf, shall be deemed violations by you of this Agreement. Furthermore, it is a violation of this Agreement to use the services of another company for the purpose of facilitating any of the activities which violate this Agreement if such use of another company’s service could reasonably be expected to adversely affect the Site and Services any manner.
H. No Licensing. By your use of the Site or the Services you receive no license, express or implied, under any patent rights or trade secret rights now or hereafter, owned, controlled or possessed by Sunset+Vine.
I. Linking. You may not link to this Site without prior written permission from Sunset+Vine. You may download and print one copy of the content on this Site for your personal non-commercial use, provided that you leave any copyright or trademark information intact and unchanged. Other than as specifically set out in this paragraph you may not copy (whether by printing off onto paper, storing on disk, placing on another site, downloading in any other way), distribute (including distributing copies), broadcast, alter or tamper with in any way any portion of this Site.
4) Copyright and Trade Marks
This website and its design, text, graphics, illustrations, images and video and the selection and arrangement thereof and software are copyright of Sunset+Vine or their licensors. The trademarks depicted on this website are the property of Sunset+Vine or their licensors and they retain all rights in such trademarks. On the condition that you comply with your obligations under these terms and conditions, we hereby grant you a revocable licence to use the aforementioned intellectual property rights for your personal use of the website and of the ‘Services’ only, in accordance with these terms and conditions.
ALL RIGHTS ARE RESERVED AND REPRODUCTION OF PART OR ALL OF THE CONTENTS OF THIS SITE IS PROHIBITED OTHER THAN IN ACCORDANCE WITH THE PERMISSIONS BELOW:
IT IS EXPRESSLY FORBIDDEN TO DOWNLOAD, COPY, REPRODUCE, TRANSMIT, RETRANSMIT, FRAME, REVERSE ENGINEER, DECRYPT, ALTER OR COMMERCIALLY EXPLOIT OR IN ANY WAY USE THE VIDEO AND AUDIO ELEMENTS OF MOBIL1THEGRID.COM OR ANY OTHER MATERIAL OR CONTENT YOU DOWNLOAD FROM THE SERVICE EXCEPT WHERE PERMITTED OR SPECIFICALLY AUTHORISED SUCH AS VIA MOBIL1THEGRID.COM DOWNLOAD PLAYER WITHIN THE MOBIL1THEGRID.COM SERVICE OR WEBSITE OR ANY OTHER VERSION OF MOBIL1THEGRID.COM.
IT IS EXPRESSLY FORBIDDEN TO COPY, DUPLICATE, DOWNLOAD ALL OR ANY VIDEO CONTENT ON MOBIL1THEGRID.COM FOR UPLOAD AND DISTRIBUTION TO ANY VIDEO SHARING WEBSITE SUCH AS YOU TUBE, FACEBOOK, MY SPACE, VIMEO, AND ANY OTHER KNOWN OF OR YET TO BE CREATED VIDEO SHARING SITE WITHOUT THE FULL WRITTEN PRIOR PERMISSION OF SUNSET+VINE
IT IS EXPRESSLY FORBIDDEN TO INSERT OR PRESENT MOBIL1THEGRID.COM OR TO PRETEND TO REPRESENT MOBIL1THEGRID.COM OR ANY OF ITS CONTENT AS PART OF ANY THIRD PARTY VIDEO SITE OR ANY AGGREGATED INTERNET TV OR IPTV SERVICE WITHOUT THE FULL WRITTEN PRIOR PERMISSION AND / OR PRIOR LEGAL CONTRACT ENTERED INTO WITH SUNSET+VINE
Your rights to view the content downloaded from the Service are for personal, non-commercial purposes only. You are not permitted to send any content from the Service to other people.
Permission is granted to you to download only the text based content contained on this website to a single personal computer and to print a hard copy of such materials solely for personal, non-commercial use.
Permission is granted for you to copy extracts of texts from news articles that appear on this website for non-commercial supply, in text format only, to individual third parties for their personal, non-commercial use, but only if: you acknowledge our website as the source of the extract and include a prominent reference to this website’s URL. If the supply by you of the extract is via the internet, such acknowledgment must include a hypertext link to this website with the copy of the extracted material; and you inform the third party that the conditions set out in this Section 4 apply to him/her and that he/she must comply with them; and you re-produce the extracted material in complete and unmodified form and, if the supply by you of the extract is via the internet, that you do not frame the extract within your own website or copy onto any other website.
For the purpose of these terms, non-commercial supply or use shall mean that neither you nor any third party may charge for viewing any content or materials that have been downloaded or copied from this Site nor show any part of the Site or Services in public to an audience (whether for a charge or not), and that neither you nor any third party can use any content or materials from this Site to attract others to buy goods or services. Any other use of materials on this Site, including storage and recording (other than on a purely transitory basis to permit you to view them), reproduction, modification, distribution, re-transmission, diversion or republication, without the prior written permission of Sunset+Vine, is strictly prohibited. This means, for example, that you must not use on any other website any materials displayed on this website from time to time.
5) Privacy Statement
6) No Warranty
This Site and Services are provided “As Is” and without warranties of any kind, whether express or implied, to the fullest extent permissible pursuant to applicable law, Sunset+Vine disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Sunset+Vine does not represent or warrant that the functions or Services contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. Sunset+Vine does not make any warranties or representations regarding the use of contents of this Site or Services in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Sunset+Vine does not check the accuracy or truthfulness of any Contributions or control or vet user comments or posts. Sunset+Vine does not have any obligation to verify the identity of persons subscribing to its services, nor does it have any obligation to monitor the use of its services by other users or the community; therefore Sunset+Vine disclaims all liability for identity theft or any other misuse of your identity or information. Some jurisdictions do not allow exclusion of implied warranties, so the above limitations and exclusions may not apply to you.
7) Limitation of Liability
Sunset+Vine shall not be liable to you or any other party for any compensatory, punitive, special or consequential damages that result from the use of, or the inability to use, the Site, the Services or the contents on this Site or the performance of the Site, Services or products described on this Site, even if Sunset+Vine has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If you are dissatisfied with any portion of the Site or the Services or with any of these terms, your sole and exclusive remedy is to discontinue using the Site and the Services.
8) Use of Third Party Web sites
As a convenience, Sunset+Vine may provide links to Web sites operated by third parties. If you decide to access a third party’s Web site through a link provided by this Site, you do this at your sole risk. Sunset+Vine is not responsible for any viruses or other damaging elements encountered in linking to a third party Web site. Sunset+Vine makes no warranty or representation regarding and is not responsible for the linked Web sites or the content of such Web sites.
9) User-to-User Communications and Sharing
The Site may contain areas where users communicate with each other, including but not limited to bulletin boards, calendars, chat areas, or personal web pages. The Site may also enable the sharing of information and comments.
Please note that ideas you post and information you share may be seen and used by other users, and Sunset+Vine cannot guarantee that other users will not use the ideas and information that you share on the Site. Therefore if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it onto the Site. Sunset+Vine is not responsible for a user’s misuse or misappropriation of any content or information you post on the Site.
Whenever you voluntarily post personal information in public areas, like weblogs and message boards, this information can be used by the public and can in turn be used by others in unpredictable ways. Sunset+Vine recommends that you exercise discretion in deciding what information you disclose on the internet or otherwise.
By submitting a contribution to the the Site (“Contribution”), you agree to grant us a non-exclusive licence to use that Contribution. Although you will still own the copyright in your Contribution, we will have the right to freely use, edit, alter, reproduce, publish and/or distribute the material contained in your Contribution. This licence will be free of charge, perpetual and capable of sub-licence. We may exercise all copyright and publicity rights in the material contained in your Contribution in all jurisdictions, to their full extent and for the full period for which any such rights exist in that material.
You must ensure that your Contribution does not infringe any copyright, database right or trade mark of any other person. By submitting your Contribution to the Site, you are warranting that you have the right to grant us the non-exclusive copyright licence described above and that the Contribution is accurate, non-confidential and non-proprietary, and not in violation of any contractual restrictions or other third party rights . If you are not in a position to grant such a licence to us, please do not submit the Contribution to the Site.
You are solely responsible for your conduct and any Contributions that you submit or are posted or displayed on the Site. Any Contribution you submit to the Site is at your own risk of loss.
You are solely responsible for your own interactions with other users. Sunset+Vine may, in certain circumstances, prohibit you from contacting others users through use of the services or otherwise limit your use of the Site. Sunset+Vine reserves the right, but has no obligation, to monitor disputes between you and other members, and to restrict, suspend or close your account if we determine, in our sole discretion, that doing so is necessary to enforce these terms and conditions.
You acknowledge, consent and agree that we may access, preserve, and disclose your registration and other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil or criminal subpoenas, court orders or other compulsory disclosures; (2) enforce these terms and conditions; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a user, individual or governmental agency; (4) respond to customer service inquiries; and (5) protect the rights, property or personal safety of Sunset+Vine, our users or the public.
Sunset+Vine uses a variety of safeguards to help protect your personal information, including technical, administrative and physical controls. Please bear in mind though, that it is impossible for Sunset+Vine to guarantee that impenetrable security measures are in place. For example, lapses in these safeguards may occur, and we cannot control any illegal and/or unforeseen activity of other uses that may allow them to get around the privacy or other security settings on the Site.
Sunset+Vine has the right but not the obligation to oversee, monitor or moderate any part of the Site or the Services including the user communication areas, and Sunset + Vine expressly excludes its liability for any loss or damage arising from the use of the Site including the user communication areas by any person in contravention of the General Terms, whether the Site or user communication areas are moderated or not. Sunset+Vine may remove or limit access to the Site or to any content on the Site originating from a user that we determine in our sole discretion to be unlawful, fraudulent, threatening, libellous, defamatory, obscene or otherwise objectionable, or infringes or violates any party’s intellectual property or other property rights or these terms and conditions.
The use of the Site or the Services including the user communication areas by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online.
10) Indemnity of Sunset+Vine
You agree to indemnify, hold harmless, and defend Sunset+Vine Productions Limited (including its parent, subsidiaries and affiliated companies, hereinafter “Sunset+Vine Group”) as well as Sunset+Vine Group officers, directors and employees, from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys’ fees, to the extent that such action is based upon, arises out of, or relates to (1) your violation, or violation by any other person using your password or account of the terms and conditions of these terms and conditions, (2) any Contribution or other information, comments or content you submit to the Site, and (3) any activity in which you engage in on or through the Site.
11) Applicable Law and Dispute Resolution
These General Terms and Agreement shall be governed by, and construed exclusively in accordance with, English law. All disputes arising under these terms shall be subject to the exclusive jurisdiction of the English courts.
HOW TO CONTACT US
These terms and conditions require that Contributions posted by users be accurate, lawful and not in violation of the intellectual property rights of third parties. To promote these objectives, Sunset+Vine provides a process for submission of complaints concerning content posted by our users. Our policy and procedures are described in the sections that follow.
In accordance with these terms and conditions and these procedures, Sunset+Vine may remove or disable access to specified content appearing on the Site upon receipt of a verified notice asserting that the content infringes intellectual property rights, is inaccurate, or is otherwise unlawful. Whether or not we disable access to or remove content, Sunset+Vine may make a good faith attempt to forward the written notification, including the complainant’s contact information, to the user who posted the content and/or take other reasonable steps to notify the user that Sunset+Vine has received notice of an alleged violation of intellectual property rights or other content violation. The user may refute a claim by submitting a counter-notice as permitted in these procedures. Any counter-notice submitted may be provided to the complainant with the user’s contact information. Our policies and procedures for removing or disabling access to content alleged to be infringing, inaccurate or otherwise unlawful are and remain at our sole discretion. It is also our policy, in appropriate circumstances and in our discretion, to disable and/or terminate the accounts of users, or groups as the case may be, who may infringe or repeatedly infringe the intellectual property rights of others, or who otherwise post inaccurate or unlawful content.
Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice.
CLAIMS REGARDING CONTENT AND/OR INTELLECTUAL PROPERTY VIOLATIONS
To notify Sunset+Vine that you in good faith believe that content or comments (“Specified Content’) posted by a user on the Site infringes your intellectual property rights or is inaccurate or unlawful, please contact Sunset+Vine’s Content Complaint Manager electronically or by mail as specified below. Any assertions made by you in submitting this form are under penalty of perjury.
Attention: Content Compliance Manager
Mobil 1 The Grid Customer Support
Sunset+Vine Productions Limited
77 Fulham Palace Road
London W6 8JA
If you believe the Notice Of Content and Intellectual Property Violations was submitted in error, or if you contest the removal of the allegedly infringing, inaccurate or unlawful content, you may submit a counter-notice via mail or email to Sunset+Vine’s Content Complaint Manager electronically or by mail at the addresses specified above. Any assertions made by you in submitting this form are under penalty of perjury. Sunset+Vine will process the Counter-Notice in accordance with its policies and procedures which remain in our sole discretion.
Comments and Technical Support:
If you have any questions or comments about the Site or these General Terms or require assistance from our technical support team, you may contact us at:
Mobil 1 The Grid Customer Support
Sunset+Vine Productions Limited
77 Fulham Palace Road
London W6 8JA