This is your agreement with Cision UK Limited ("Cision") covering your trial period (if applicable) and your subscription to our Advance Features website (advancefeatures.com). Please read it carefully, particularly the service description in Clause 1.1 below. By clicking the "I Accept" button and using this website you are agreeing to observe the terms and conditions of this Agreement. If you do not accept these terms and conditions please do not use this website.
| 1. | Service |
| 1.1 | This is your agreement with Cision UK Limited ("Cision") for your subscription to its Advance Features website (advancefeatures.com). |
| 1.2 |
advancefeatures.com is a web service containing information about
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| 1.3 | Your subscription to advancefeatures.com (and, if applicable, the 2 day trial period) comprises the following rights the right to use Cision's valuable information contained in advancefeatures.com and, if you are or become a subscriber, the right to view new data as soon as updating procedures permit it to be available Copyright and Database right protect the structure and contents of advancefeatures.com. |
| 1.4 | Certain services are available for a 2-day trial period ("Trial Period"). You may take out an annual subscription ("Subscription Period") at any time during the Trial Period in accordance with Clause 3 below. If you do not take out a subscription within that time, your rights to use advancefeatures.com will automatically cease on the last day of the Trial Period. |
| 1.5 | The scope and limits of your non-exclusive, non-transferable right to use advancefeatures.com during the Subscription Period and, if applicable, the Trial Period, are set out in this Agreement. |
| 1.6 | Due to its policy of updating and improving advancefeatures.com, Cision may wish to change the terms of this Agreement. When any terms are changed, Cision will notify you by post, such notice being effective 3 days after posting. If you use advancefeatures.com after that time, you are agreeing now to be bound by those changes. If you do not wish to accept those changes, you should notify Cision and the changes will not be effective unless and until your subscription is renewed. |
| 2. | Permitted Uses |
| 2.1 | During the Trial Period & Subscription period you are permitted to use advancefeatures.com for accessing, searching, displaying and printing on a selective basis the information contained in advancefeatures.com . This permission does not extend to you sending any part of advancefeatures.com to third parties (whether for printing labels, mail merge or otherwise). |
| 2.2 | Cision owns the copyright and other intellectual property rights associated with or holds licences for the use of the content |
| 2.3 | As you will appreciate, there are limits on your rights to use advancefeatures.com and these are required in order to safeguard Cision's intellectual property rights. Accordingly, you are not permitted to do any of the following without Cision's prior written agreement: |
| (a) | To store all or part advancefeatures.com on any medium other than the world wide web (except for transient copying incidental to the purposes in 2.1 above); |
| (b) | To generate address files from advancefeatures.com for use in bulk faxing or emailing by any third parties; |
| (c) | To divulge passwords to third parties; and |
| (d) | To erase, move or deface any trade mark, copyright or database right notice on any media containing data from advancefeatures.com. |
| (e) | To copy or in any other way duplicate, or transmit or supply to any third party any data incorporated in advancefeatures.com, or use any such data for any purpose other than the lawful use of advancefeatures.com in accordance with this Agreement |
| 2.4 | Cision reserves the right to inspect your premises on reasonable notice during normal business hours to ensure that you are in compliance with these terms and conditions and you shall give all reasonable assistance with such inspection. |
| 2.5 | Seed data' is included in advancefeatures.com for the purpose of monitoring compliance with this Agreement. |
| 3. | Initial Subscription |
| 3.1 | If you have decided to try advancefeatures.com before subscribing, your password to use advancefeatures.com will automatically come to end on expiry of the Trial Period and technical measures contained on the website will prevent your continued access to advancefeatures.com. If you decide to take out an annual subscription, payment is due annually in advance. You may pay on-line via a secure payment service, or alternatively, please contact us to arrange for invoicing and payment. As soon as we have received payment, the requested level of data will be made available to you. |
| 3.2 | On payment of the fee (whether at the end of the Trial Period or otherwise), the Subscription Period will be a period of one year, commencing on the first day of the month in which payment is received. |
| 3.3 | You are obliged to provide us with accurate, complete registration information and it is your responsibility to update and maintain any changes to that information (including your email address) by modifying your details directly in the signing up area of the site. |
| 3.4 | Each sign up is for a single user only. On registration, you should choose a user name and password. We do not allow any of the following:- |
| 3.4.1 | Any other person sharing your user name and password |
| 3.4.2 | Access through a single user name and password being made available to multiple users on a network. |
| 3.4.3 | You are responsible for all use of the site made by you or anyone else using your user name and password and for preventing unauthorised use of your user name and password. |
| 4. | Termination and Renewal |
| 4.1 | Not later than one month prior to the end of each Subscription Period, Cision will send you a notice specifying the date of expiry of your subscription, inviting you to renew your subscription and giving details of the charges for the forthcoming Subscription Period. |
| 4.2 | Your renewal for the next 12 months Subscription Period will take effect if you make payment in full for the next Subscription Period. If you do not renew, your subscription will expire at the end of the relevant Subscription Period. |
| 4.3 | Your rights to use advancefeatures.com under this Agreement will terminate immediately in any of the following events: |
| 4.3.1 | if you are in breach of this Agreement (including failure to make any payment required under this Agreement) and fail to rectify that breach within 7 days of Cision giving written notice to you; or |
| 4.3.2 | if (in the case of a company) you enter into any form of liquidation or have a receiver, manager of administrative receiver appointed over your undertaking or assets or (in the case of an individual) you are made bankrupt or have a bankruptcy petition made against you which is not dismissed within 28 days of presentation. |
| 4.4 | If your subscription is terminated for any reason you shall not be entitled to any refund for the unexpired term of any Subscription Period. |
| 4.5 | Cision may, at its discretion, give you not less than 6 months notice that it intends to discontinue the advancefeatures.com service. In that event, you will be entitled to receive a reimbursement of any subscription fee that you have paid to Cision pro rata in relation to the time remaining of the Subscription Period after the expiry of such notice. |
| 4.6 | Upon termination or expiry of this Agreement for any reason, you agree to make no further use of advancefeatures.com. |
| 5. | Warranties and Liability |
| 5.1 | Cision warrants that it is the owner of all copyright and database right or holds appropriate licences for the use of third party data used or contained in advancefeatures.com and that it has obtained all necessary licences to carry out its obligations under this Agreement. |
| 5.2 | Cision will use reasonable skill and care in making advancefeatures.com available to you. This means that it will endeavour to ensure that each record is complete and to provide at least one named contact per media title. Cision will also endeavour to maintain the accuracy of the information through its continuous research programme and through the regular checking and updating of the information contained within advancefeatures.com. |
| 5.3 | However, in view of the constantly changing nature of the media sector and media personnel, and thus of the information within advancefeatures.com, Cision cannot accept responsibility for any errors or omission within advancefeatures.com, particularly those arising from expired media titles or changes in personnel, or for any delay in the availability of advancefeatures.com or of any update or amendment to it. Furthermore, Cision does not make any warranties as to the accuracy, timeliness, completeness, performance or fitness for a particular purpose of advancefeatures.com. You acknowledge that certain information and data used or contained in advancefeatures.com is produced and provided by third parties outside the control of Cision and Cision can accept no liability in respect of any erroneous information or data so supplied. |
| 5.4 | advancefeatures.com is supplied to you on an "as is" basis and has not been designed to your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting this Agreement that advancefeatures.com will meet your requirements. |
| 5.5 | By entering into this Agreement, you shall accept sole responsibility for, and Cision shall not be liable for, your use of advancefeatures.com. You hold Cision harmless and fully indemnified against any claims (including legal and other costs, damages, losses and liabilities) made by any third parties against you and/or Cision arising from such use. |
| 5.6 | In no event will Cision be liable to you for any loss or damage of any kind (except personal injury or death resulting from Cision's negligence) including lost profits or other consequential loss arising from your use of or inability to use advancefeatures.com or from errors or deficiencies in it, whether caused by negligence or otherwise, except as expressly provided in these Terms and Conditions. In no event shall Cision's liability exceed the subscription payments paid by you to use advancefeatures.com in the current subscription period. |
| 5.7 | The express terms and conditions of this Agreement are in lieu of all warranties and obligations implied by statute, common law or otherwise all of which are hereby excluded to the fullest extent permitted by law. Whilst it is Cision's policy to carry out virus checks, in particular, Cision does not warrant that advancefeatures.com is free from infection by viruses or anything else that has contaminating or destructive properties. |
| 6. | Support |
| 6.1 | Cision's technical support staff will endeavour to answer by telephone or email any queries that you may have regarding the use of advancefeatures.com or its application during the Subscription Period. |
| 7. | Force Majeure |
| 7.1 | Cision will not be considered in default or liable under this Agreement if it fails to perform any of its duties as to this website as a result of any act of God, act of government or state, civil commotion, embargo, epidemic, fire, flood, insurrection, war, disablement or interruption to the telecommunications network or any other reason beyond Cision's control ("Force Majeure"). |
| 7.2 | In the event of Force Majeure, Cision will use reasonable endeavours to overcome such delays. |
| 7.3 | If the Force Majeure circumstance continues for a consecutive period of 4 weeks or more, either of us may give notice to the other to forthwith terminate this Agreement. |
| 8 | General |
| 8.1 | If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. |
| 8.2 | These terms and conditions form the entire agreement between the parties relating to its subject matter. Any variation of this Agreement (except for any variations arising out of clause 1.6) shall be binding only if it is recorded in a document signed by or on behalf of both of us. |
| 8.3 | Failure or delay by either of us to exercise any right or remedy under this Agreement does not constitute a waiver or bar to exercise of that right or remedy. |
| 8.4 | You may not assign, sub licence or otherwise transfer your rights or obligations under this Agreement. |
| 8.5 | Each party shall ensure that it complies with the provisions of the Data Protection Acts 1984 and 1998 (or any successor legislation) concerning the "processing "of personal data as that term is defined in the Data Protection Act 1998. |
| 8.6 | All notices and other communications required or permitted by this Agreement shall be in writing and sent by first class post, personal delivery, facsimile or email to Cision's address as shown on advancefeatures.com from time to time or to your address as last notified to Cision as appropriate |
| 8.7 | The Contract (Rights of Third Parties) Act 1999 does not apply to this Agreement and no person other than the parties to this Agreement or their lawful successors shall be entitled to enforce any obligation contained in this Agreement |
| 8.8 | This Agreement shall be governed by English law and subject to the exclusive jurisdiction of the English Courts. |