Last updated: June 2010
*** Contract Clients: please refer to your inclusive Services Contract Terms & SLAs
Welcome to www.3bnexus.com, a user-generated content website powered by 3B NEXUS (the "website").
The website provides services subject to the following Terms and Conditions. Please read these Terms and Conditions carefully before you start to use the website. By using the website, you indicate that you accept these Terms and Conditions and that you agree to abide by them. If you do not agree to these Terms and Conditions of use, please refrain from using our website.
We may alter these Terms and Conditions without advance notice and any such changes, modifications, additions or deletions shall be effective immediately upon posting in the "Last Updated" section at the top of this page. Any use of the website after such posting shall be deemed to constitute your acceptance of the changes. You should therefore review these Terms and Conditions of use each time you access the website.
Information about 3B NEXUS
The website is operated by 3B NEXUS Limited ("we", "us" or "our"). We are registered in England and Wales under company number 06562170 and have our registered office at Octavia House, 8 Homer Street, London, W1H 4NX. Our value added tax number is GB 943597777.
Access to the Website
We permit you to access the website on a temporary basis and we reserve the right to withdraw or amend the service we provide on our website without notice. We will not be liable if for any reason our website is unavailable at any time or for any period.
We may restrict access to some parts of our website, or our entire website, to users who have registered with us.
Registration
To register for a user account, you must provide accurate and complete details including your company name and contact details. You must also choose a user name and password. You must treat such information as confidential, and you must not disclose it to any third party.
All of your user account information is located in your personal account. You can edit your profile at any time, by logging on to your user account and clicking on the "Profile" link on the top-right of the page. You must maintain and promptly update any personal information to keep it true, accurate, current and complete.
You will be responsible for all statements made or materials posted under your user information. If you suspect that anyone else has used or is using your username and password, you must notify us or change your password immediately if you believe it has been compromised. It is also advisable to change these details frequently even if not considered compromised.
We have the right to disable any usernames and/or passwords at any time, if in our opinion you have failed to comply with any of these Terms and Conditions.
If you are registering after following a link provided to you by an agent, that agent's user account will be linked to yours automatically as soon as your user account has been created – see under "Agents" below for more information. If you do not want this to happen, please either register using another e-mail address or type www.3bnexus.com into your browser's address bar and follow the registration link or send an e-mail to support@3bnexus.com.
Information about you
We process information about you in accordance with our Privacy Policy. By using our website, you consent to such processing and you warrant that all data provided by you is accurate.
Your Account and Credit
When you purchase Pay-As-You-Go (PAYG) Credits for your user account the contract for the supply of this service will be governed by our Terms and Conditions of sale. If you have signed an inclusive Client Services Agreement with us, the contract for the supply of this service will be governed by your agreed contract Terms and Conditions for the Supply of Services.
Ownership of Content
If you register for a user account you may upload and distribute webcasts, videos, advertising, other marketing material, events, or participate in any online discussion forums ("your content"). All content uploaded to the website is the property of the person who uploaded it. Therefore, you should only upload content that you have created, you own or you have a license from a third party to upload the content to this website. You are responsible for determining whether your content complies with these Terms and Conditions.
By uploading your content to our website, you grant us a limited, non-exclusive, transferable, assignable, fully paid-up, royalty-free, worldwide license to encode, compress, convert, host, distribute, transfer, display, broadcast, and otherwise transmit your content over the website, without any compensation to you. You represent and warrant that you are authorised to grant to us this licence. To revoke this license you can simply remove your content from the website.
We cannot guarantee that there will be no unauthorised copying or distribution of your content nor will we be liable for any copying or usage of the content that we do not authorise. You can upload your own disclaimer and terms and conditions of use for the information contained in your content.
You are solely responsible for anything contained in your content. You may be held legally liable for your content, if for example, its use is in breach of financial regulations and/or compliance laws in any jurisdiction, material protected by copyright, trademark, patent or trade secret law or other proprietary right and you use it without permission of the author or owner, or it is defamatory comments.
You must not represent or suggest, directly or indirectly, that we endorse your content.
Embedded video players, playlists and WebTV
We may allow you and other users to embed or frame video broadcasts and other related multimedia content in WebTV players published through us on other websites. These terms and conditions will govern your viewing and use of those videos.
Acceptable Use
When you use the website you agree to abide by the following rules of conduct:
· You will not copy, download, reproduce, republish, frame, broadcast, transmit in any manner whatsoever any material on this website except information posted by you.
· You will not do anything that affects the operability or security of this website or causes unreasonable inconvenience or offence or disruption to our staff and or other users of this website.
· You will not post or transmit through this website, any software or other materials which contain a virus or other harmful or disruptive component.
· You will not post or transmit through this website any statements that advocate or provide instruction on illegal financial or business activity or otherwise, or discuss illegal activities with the intent to commit them or information that is misleading or price sensitive.
· You will not interfere with any other user's right to privacy, including by harvesting or collecting personal information about website users.
· You agree not to use the website for any purposes other than to view or publish original, appropriately licensed materials.
Accuracy of information provided on the website
Content posted on this website is submitted and owned by other users of this website and we are not responsible for and do not endorse such content. We do not have any editorial control over such content and we may remove any content from the website at our absolute discretion. Any opinions, advice, statements, services, offers, or other information or content expressed or made available on the website, are those of the respective author(s) or distributor(s) and not of 3B NEXUS.
Liability
Accessing and using the website and any information contained on it is at your own risk.
The information provided on this website is not intended as advice. All information is provided without any guarantees, conditions or warranties as to its accuracy.
To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude all liability and responsibility for any loss or damage that you or a third party may suffer (including without limitation, any direct, indirect or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the website in any way or in connection with the use, inability to use or the results of use of the website, any websites linked to the website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the website or your downloading of any material from the website or any websites linked to the website.
Nothing in these terms and conditions shall exclude or limit our liability for: (a) death or personal injury caused by negligence; (b) fraud; (c) misrepresentation as to a fundamental matter; or (d) any liability which cannot be excluded or limited by law.
We do not warrant that the website will be uninterrupted or error free; that defects will be corrected, or that the website, the server that makes it available, or published material will be free of viruses or other harmful material.
Indemnity
You agree to defend, indemnify and hold harmless 3B NEXUS, its affiliates, partners and respective directors, officers, employees and agents from and against all costs and expenses, liability, damages, including legal fees, arising out of any breach of these Terms and Conditions by you or any other liabilities related to your content or arising out of use of this website by your user account (whether by you or any other person using the user account). 3B NEXUS reserves the right to take over the exclusive defence of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide 3B NEXUS with such cooperation as is reasonably requested by 3B NEXUS.
Intellectual Property Rights
You are permitted to view the contents of this website on screen. Except for your content and other than as necessary for the purpose of viewing the website, it is strictly forbidden to copy any material on the website for commercial use in the course of a business or to store any or all of the contents of the website on a proxy server, cache or other similar form of storage. You may not adapt or modify the content and you may not redistribute the content. You may not use, copy, display, publish or create works derived from the website or the content or any part thereof, except that: you may do anything permitted under applicable law including journalists using the content to report current events.
"3B NEXUS" and “Bulls Bears & Butterflies” are our trade marks and intellectual property. All rights are reserved.
Linking
Links to other websites owned by third parties are provided solely for your convenience. 3B NEXUS is not responsible for any external websites. We have no control over third-party websites and therefore we do not guarantee the speed of connection, successful access or accuracy of information provided on those websites. We have not reviewed these other websites and we do not control and are not responsible for any of them or their content. You use then entirely at your own risk. You should read any terms and conditions applying to other websites carefully when you access these websites via our Webcasts, Events, Services portals or any other external links on our website.
Agents
You may permit a third party to associate their user account with your user account as an agent, or if you have been granted agent account, associate your user account with a third party's user account as an agent. An agent is able to view the user information and other related account information, such as credit balances, for all user accounts with which their account is associated as agent.
Both users and agents may request that their accounts are disassociated at any time by e-mailing a request for disassociation to accounts@3bnexus.com. Please note that this will not affect any contractual agreement between a user and an agent to keep their user accounts associated for any time and disassociating your account could place you in breach of contract.
Termination and Cancellation
We reserve the right immediately to terminate your use of this website if you breach or we have reasonable grounds to believe that you are likely to breach these Terms and Conditions or you otherwise engage in conduct which we determine in our sole discretion to be unacceptable. Such termination shall not give rise to any liability of 3B NEXUS.
You are free to cancel your user account at any time by removing all your content from the website via the account management control panel and sending a cancellation e-mail to us at accounts@3bnexus.com. Accounts with no Credit may be cancelled after ninety days of no activity. Refunds of Credit will only be issued in accordance with our Terms and Conditions of Sale or your agreed contract Terms and Conditions for the Supply of Services.
You can disable viewings of your content through your account management control panel. Your account will remain active until you post new content or re-enable the disabled content.
Interface and Functionality
We reserve the right to make changes without notice to the interface, functionality and capabilities of the website.
Except as required by law, we will not be responsible or liable for the speed, memory capacity or quality of your hardware, accuracy or fitness for a particular purpose of the website and do not promise that the material contained in the website, or any of the functions contained in the website or its server will operate without interruption or delay or will be error free, free of viruses or bugs or is compatible with any other software or material.
Jurisdiction
These Terms and Conditions are governed by English law and you consent to the exclusive jurisdiction of the courts of England in relation to any dispute arising in connection therewith.
--------------
-
Live & On-Demand Broadcasts