MediaBank & Clients
Terms of Service
This document serves as MediaBank’s and its clients’ Terms of Service agreement, delineating the terms and conditions for the use of our services. It provides a comprehensive overview of the rights and responsibilities of both users and MediaBank. We are committed to transparency and ensuring that our services are utilized in accordance with applicable laws and regulations. By accessing and using our services, users agree to abide by the terms outlined in this document.
Introduction
These terms of service (“Terms”) govern your use of the websites, web applications, and other online services (collectively, the “Services”) provided by MediaBank. Our Services encompass a diverse range of offerings, including informational websites, e-commerce stores, and web applications. Whether you’re browsing content on an informational website, making purchases on an e-commerce platform, or engaging with interactive features on a web application, these Terms apply to your use of our Services.
By accessing or using any of our Services, you agree to be bound by these Terms and our Privacy Policy. It’s important to note that each type of website—be it an informational website, an e-commerce store, or a web application—may have specific functionalities, features, and data processing practices. Therefore, in addition to these Terms, please review the applicable Privacy Policy corresponding to the type of website you are using. If you do not agree to these Terms or the Privacy Policy relevant to the specific Service you are using, you may not use our Services.
We value transparency and strive to provide clear and comprehensive terms that govern your interaction with our Services across different platforms. Whether you’re exploring content, making transactions, or engaging with dynamic features, we aim to ensure a consistent and reliable experience for all users. If you have any questions or concerns about these Terms or our Services, please don’t hesitate to reach out to us. Your feedback is important to us as we continuously work to enhance and improve our offerings.
1. Eligibility
1.1. Minimum Age
To use our Services, you must be at least 16 years old. By accessing or using our Services, you represent and warrant that you meet this minimum age requirement and have the legal capacity to consent to the processing of your personal data in accordance with GDPR requirements. We prioritize the protection of minors’ privacy and data security, and as such, individuals under the age of 16 are not permitted to use our Services without appropriate parental or guardian consent.
1.2. Parental Consent
If you are under the age of 16, you must obtain consent from your parent or legal guardian before using our Services. By using our Services, you represent and warrant that you have obtained such consent in accordance with applicable laws and regulations. This ensures that minors receive proper guidance and supervision when accessing and interacting with our Services.
1.3. Compliance with GDPR
MediaBank is dedicated to upholding the principles and requirements outlined in the General Data Protection Regulation (GDPR) and other relevant data protection laws. If you are a resident of the European Union or otherwise subject to GDPR, by using our Services, you consent to the processing of your personal data as described in our Privacy Policy documents specific to the type of website you are using.
Our commitment to GDPR compliance includes transparent data practices, lawful processing, data minimization, and robust security measures to protect your personal information. We encourage you to refer to the relevant Privacy Policy document corresponding to the type of website you are using for detailed information on how your personal data is collected, used, and protected. Your privacy and data security are paramount, and we take every measure to ensure compliance with applicable regulations and safeguard your rights as a user of our Services.
2. Formation of Contract, Term
2.1. Agreement Formation
The Agreement between you and MediaBank is established when you access or use our Services. This Agreement is perpetual, remaining in effect until terminated as outlined within its provisions or in accordance with statutory regulations. Certain provisions within this Agreement will persist even after its termination, ensuring continuity and compliance with relevant legal obligations.
2.2. Modification and Termination
We retain the right to modify or terminate the Services, or your access to them, at our discretion and without prior notice. This may occur for various reasons, including but not limited to changes in business strategies, regulatory requirements, or technological advancements. We strive to maintain the integrity and quality of our Services and may take necessary actions to ensure their continued effectiveness and relevance.
2.3. User Termination
You have the option to terminate this Agreement by discontinuing your use of our Services. Should you choose to cease using our Services, please be aware that certain obligations and provisions may still apply even after termination, as detailed within the terms of this Agreement. We encourage you to review the terms and conditions carefully to understand your rights and responsibilities regarding termination.
3. Acceptable Use
3.1. Compliance with Terms
You agree to utilize our Services solely for lawful purposes and in strict adherence to these Terms. Any violation of these terms may result in the termination of your access to the Services, as outlined in Section 3.
3.2. Prohibited Actions
You are prohibited from engaging in any activity that could potentially harm, disable, overload, or impair the functionality of our servers or networks. Additionally, actions that disrupt or interfere with other users’ ability to utilize and enjoy our Services are strictly prohibited. We maintain the right to take appropriate measures to safeguard the integrity and performance of our systems and to protect the interests of our users.
3.3. Unauthorized Access
Attempting to gain unauthorized access to any part of our Services, including but not limited to other user accounts, computer systems, or network infrastructure connected to our servers, is strictly prohibited. This includes, but is not limited to, engaging in hacking activities, password mining, or any other unauthorized means of accessing our systems. Such actions pose a threat to the security and confidentiality of our Services and are subject to legal action and termination of access.
4. Intellectual Property
4.1. Ownership
The Services, including all content, features, and functionality, may be owned by MediaBank, the respective client whose website you are using, or both, depending on the specific components and agreements. Intellectual property rights, including copyright, trademark, and other proprietary rights, may be vested in MediaBank, the client, or both parties, as applicable to the respective elements.
4.2. Restrictions
You are expressly prohibited from modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, or selling any information, software, products, or services obtained from the Services without the prior written consent of the rightful owner(s). Any unauthorized use or distribution of intellectual property constitutes a violation of rights and may result in legal action.
5. Limitation of Liability
5.1. Exclusion of Certain Damages
In no event shall MediaBank, its officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with your use of the Services. This limitation applies regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, even if advised of the possibility of such damages.
5.2. Maximum Liability
Our total liability to you for any claim arising out of or relating to these Terms or your use of the Services, whether in contract, tort, or otherwise, shall not exceed the amount paid by you, if any, to us for the use of the Services. This limitation of liability shall apply even in the event of a fundamental breach or a failure of essential purpose of any remedy.
6. Governing Law
6.1. Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where the client, for whom we develop and manage the website, is located, without regard to its conflict of law provisions.
7. Changes to this Policy
We may revise this Policy to reflect changes in our services, applicable laws, or other business developments. Revised policies will be posted on our website or notified to clients through email or other means.
8. Contact Us
Feel free to get in touch with us if you have any questions about this Policy or our data processing practices or if you would like to exercise any of your ‘data subject’ rights with respect to the Personal Data we maintain on you.
Email us: [email protected]
Last updated: [Sunday, 19th May 2024]