Introduction

1.    About 3B NEXUS

1.1  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, Homer Street, London, W1H 4NX. Our value added tax number is GB 943597777.

1.2  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 Website and Services Use, please refrain from using our website.
 
1.3  From time to time, we may alter these Terms and Conditions without advance notice and any such changes, modifications, additions or deletions shall be effective immediately upon posting. Any use of the website after such posting shall be deemed to constitute your acceptance of the changes. We therefore encourage you to periodically check back and review this policy each time you use or access the 3B NEXUS website, noting the "Version Update" information at the bottom of this page.

User Account and Access

2.    User Account and Access

2.1  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, permitting only users who have registered for a User Account with us. 

 
2.2  User Account 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 profile. You can edit your profile at any time, by logging on to your User Account and clicking on the "User 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 are responsible for all statements made or materials posted under your User Account details. 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 or we have reasonable grounds to believe that you are likely to breach our Terms and Conditions.

 

2.3  Registration via 3B NEXUS' embedded services on third party websites
If you are registering for a User Account via third party websites that use our embedded services such as integrated webtv portals, channel applets, multimedia playlists and other similar framed services, please be aware that you are registering to join the community and database that is owned and controlled by those website owners on which our services are embedded.

By registering for access via our embedded services on third party websites, you are effectively registering for a User Account on our website and at the same time providing the third party website owners with access to your user account details containing personally identifiable information such as your name, company name, job title and e-mail address, which is used to join and identify you in their community and enable you to gain full access to their portal content, subscribe to receive e-mail alerts when new content is published and enabling you to participate in discussions through comments or to communicate directly with companies or presenters of content in their portal.

If you do not want to give your personally identifiable information to third party website owners, refrain from registering for access via our embedded services on those third party websites. Our framed services, on third party websites, are identifiable through the 'Powered by 3B NEXUS' branding together with the "Terms of Use" and of "Privacy" links to our websites found on the registration and login forms of the embedded service on those third party websites.

All of your User Account information registered via our framed services on third party websites will be located in your personal account profile. You can edit your profile at any time, by logging on to your User Account and clicking on the "User Profile" link on the top-right of the page.

 

2.4  E-mail Alerts and Subscriptions
You may receive Instant, Daily or Weekly e-mail alerts linking to new broadcasts published by other users with content that match your preferred categories for the e-mail alerts you wish to receive. If you do not wish to receive any e-mail alerts linking to newly published content on the 3B PORTAL, do not select to subscribe to any categories in the E-mail Alerts Settings & Preferences on your account. Similarly, you may receive e-mail alerts linking to new broadcasts published by other users on third party websites via our embedded services such as webtv portals, playlists and other similar framed services. If you do not wish to receive e-mail alerts from third party websites about new content published on their portals via our services, do not select to subscribe to alerts on those portals. To unsubscribe from receiving new content e-mail alerts from any website using our services, edit your E-mail Alerts Settings & Preferences to remove any existing subscriptions. 

 

2.5  Agents and Account Administrators
You may permit a third party to associate their user account with your user account as an agent, partner or administrator. You may have been granted permission to associate your user account with a third party's user account as an agent, partner or administrator. An account agent, partner or administrator may be able to view your account content and other related information such as credit balances and content. The relationship between you, your account and your agent or administrator is one that you own and control. You give permission to a third party to access and manage your account and therefore, you have control to terminate this relationship by way of changing your access security passcode or in reverse of the original method used to enter the association. Our platform, portal and associated services and our terms will not affect any contractual agreement between you and your agent, partner or other associations.  You are responsible for all statements made or materials posted under your User Account details.

 

2.6  Information about you
We process information about you in accordance with our Privacy Policy. By using our website and Services, you consent to such processing and you warrant that all data provided by you is accurate. We use Cookies and similar tools across our website to improve performance and enhance user experience. Our Cookies Policy provides more information about how we generally handle cookies and how you can control and remove cookies from your viewing device.

Service Terms of Sale and Agreements

3.    Service Terms of Sale and Agreements

3.1  Pay As You Go (PAYG)
When you purchase Pay-As-You-Go (PAYG) Storage & Delivery Credits for your User Account, the contract for the supply of this service will be governed by our online Terms and Conditions of Sale.  

3.2  Contract Services
If you have signed an inclusive or extended service contract with us or in association with a service partner such as a marketing or distribution channel or a content production or communications agency, the contract for the supply of this service will be governed by the Terms & Conditions for the Supply of Services subject to the individual Client Services Agreement which defines the features of such inclusive or additional services.

Ownership & Intellectual Property Rights

4.    Ownership & Intellectual Property Rights

4.1  You Own and Control "Your Content" hosted on 3B NEXUS

If you register on our website platform ("3B PLATFORM") for a User Account, you may upload, store, distribute and stream audio recordings, videos, texts, images, documents and other promotional material. All content uploaded to our platform is the property of the person who uploaded it. Therefore, you should only upload content that you have created, or in which you own the intellectual property rights or in respect of which you have a license from the owner to upload the content to our website. You are responsible for determining whether your content complies with these Terms and Conditions.

You own and control all Your Content that you upload on 3B NEXUS platform or publish on our portal ("3B PORTAL") or on other websites via our embedded services such as media players, playlists and webtv channel applets ("3B PLAYER"). Our platform simply provides the means and tools for storage, management, publishing and distribution of your content and our portal provides a place for you to display your content and reach an audience that might be interested in viewing it. 

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 if the content represents defamatory comments.

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 and attach your own legal disclaimer defining terms of access and use of the information contained in your content.

As a viewer on our portal, you may post comments and feedback on your content as well as other users' content and you may participate in online discussions subject to our House Rules. Any content, such as comments, questions and feedback or other viewers' contributions to another user's content such as their broadcasts, is stored, managed, owned and controlled by the broadcast owner, who may or not decide to publish the contributed comments on public portals. 

 

4.2  Your Content License
By uploading and storing your content on our platform and by sending feeds of your broadcasts and other content from your User Account for publishing on third party sites via our services, as part of the Client Services, you are granting us a limited, non-exclusive, transferable, assignable, fully paid-up, royalty-free, worldwide license (including the right to sub-license) to encode, compress, convert, modify, electronically reproduce and host your content and by making your content publicly available using our services, you allow us to publish, distribute, embed, share, promote, transfer, display, broadcast, and otherwise transmit your content over the website and make it available to viewers in any country or jurisdiction, including, but not limited to affiliates and partner websites, as part of the Client Services, without any compensation to you. If you do not want your content to be accessible to viewers in certain countries, you may set the geographical restrictions to block or allow access using the tools provided on your platform user account and content properties. You represent and warrant that you are authorised to grant this license.

To revoke this license or to keep your content for private viewing only, you can simply withdraw your content from the feeds you shared or distributed to third party sites via our services or remove your content from our website platform as part of your right of use of our services.

You hereby grant to 3B NEXUS an unlimited, irrevocable, perpetual, transferable, non-exclusive, royalty-free, worldwide license to use and/or incorporate into the Services any feedback, suggestions and/or recommendations provided to 3B NEXUS by you regarding our website or services.

As between the parties, you own all right, title and interest in and to Your Content. This Agreement does not convey to 3B NEXUS any ownership interest in or to Your Content, but only a limited license to Your Content that is revocable as set forth in this Agreement and 3B NEXUS shall not rebrand or edit your content or alter the context or intended meaning.

You must not represent or suggest, directly or indirectly, that we endorse any of your content.

 

4.3  Intellectual Property Rights to our Services
You may use our services, such as the platform to upload and store your content or our portal to publish your content or the embedded players, playlists and webtv channel applets to publish your content or other users' content to which you have permission to publish to your own websites or to allow other users to embed your content on their websites. 

You are permitted to view the contents of our website on screen and to use any tools which we provide solely for the purposes of receiving our services. Except for your content or unless it is expressly and specifically permitted by the rightful owner and other than as necessary for the purpose of viewing the website, or where the owner has given you permission, 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, use, copy, display, publish or create works derived from our website or services 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 and embedding content on your websites using only the "Embed" button facility on the media player, when provided.   

3B NEXUS hereby grants you a limited, revocable, non-transferable, except where expressly stated, non-exclusive, worldwide license to use our website and the applicable Services for which you have submitted an order or registered online. All rights not expressly granted to you are reserved by 3B NEXUS. Except as expressly permitted by 3B NEXUS, you shall not: (i) sublicense, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or any part thereof in any way; or (ii) modify or make derivative works based upon the Services or reverse engineer, decompile or disassemble the Services.

As between the parties, 3B NEXUS owns all right, title and interest in and to our website and all the related Services. This Agreement does not convey to you any ownership interest in or to the Services, but only a limited license to use the Services that is revocable as set forth in this Agreement.  

"3B NEXUS", "3B PLATFORM", "3B PORTAL", "3B PLAYER", "PItCH", "iPItCH", "uPItCH" and “Bulls Bears & Butterflies” are our trade marks and intellectual property. All rights are reserved.

 

4.4  Viewing of other Users' Content through our Website and Services 
Your use of our website, including viewing of any broadcasts which are hosted and published through our services including content belonging to other users of our services, is subject to these Terms & Conditions of Use, which will govern your viewing and use of such content and any content hosted by us, found on our website or any other website.

 
4.5  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.

 

4.6  Links to External Websites
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, or successful access to our embedded services such as media players, playlists and webtv channel applets on those third party 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 access external websites entirely at your own risk. You should read any terms and conditions applying to other websites carefully when you access these websites via any links found on content on our platform, portal or player services and facilities or when you access our embedded services on these websites or when you share or send feeds of your content to these website owners for publishing. 

 

4.7  Third Party Services
We may, from time to time, inform you of third-party services that can be used in connection with your use of our Services.  Any terms, conditions, representations and/or warranties associated with such use, are solely between you and such third-party service provider. 3B NEXUS makes no representation or warranty with regard to any such third-party service, even if such provider is certified or selected as a provider (or similar designation) by 3B NEXUS. We shall not be responsible to you in any manner for any such third-party service. 3B NEXUS does not, unless otherwise expressly set forth in writing, provide maintenance or support for third-party services.

 

4.8  Interface and Functionality
We reserve the right to make changes without notice to the interface, functionality and capabilities of the website and all our Services such as the content storage, delivery methods, features and functionality of the embeddable services such as players, playlists and webtv channels applets. Any video that is uploaded to our servers may fail initial attempt to encode it successfully. Due to many possible technical glitches, generally, it might be that processing some resources failed to complete and you simply need to wait for 5-10 minutes then click the 'Retry Encoding' button. If you retry encoding a few times without success, your video may have some errors or resources in formats that our processor cannot read, in which case please check your video and try uploading afresh. 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.

 

Representations and Warranties

5   Representations and Warranties

5.1  3B NEXUS represents and warrants that (i) it either owns fully and outright or otherwise possesses and has obtained all rights, approvals, licenses, consents and permissions as are necessary to perform its obligations hereunder, exercise its rights hereunder and to grant the licenses granted by it under these terms and (ii) our Services, as used by you in accordance with these Terms and Conditions any other terms and conditions for the supply of the services, does not, and shall not, infringe, violate or misappropriate any third party’s rights.  

5.2  You represent and warrant that (i) you either own fully and outright or otherwise possess and have obtained all rights, approvals, licenses, consents and permissions as are necessary to perform your obligations hereunder, exercise your rights hereunder and to grant the licenses granted by it under these terms and (ii) Your Content, and its use through our Services, as enabled by you, directly or indirectly, does not, and shall not, infringe, violate or misappropriate any third party’s rights. 

Publishing & Distribution of Your Content

6.    Feeds, Sharing, Distributing, Embedding and Publishing Your Content 

6.1  You may use our services, such as the embedded players, playlists and webtv channel applets to publish your content to your own websites or to allow other users to embed your content on their websites. These terms and conditions will govern your use of our hosted media players, playlists and applets, but you must check the terms and conditions of use of third party websites where your content is published via our embedded services. We are not responsible for what these other users will do with your content once you have given them permission to embed or publish it using our services.  If you do not want other users to embed or publish your content on their websites using our services, switch off the 'Embed' button option from your broadcasts and do not share or send feeds of your content to other users' accounts.

You may, at your discretion, publish your content on our portal (“3B PORTAL”) found at https://www.3bnexus.com/portal to allow other users and visitors to view.  We reserve the right to deny access and to withdraw any user content from our portal, at any time if you breach or we have reasonable grounds to believe that you are likely to breach our Terms and Conditions or if the content of your broadcasts is inappropriate for our portal or you otherwise engage in conduct which we determine in our sole discretion to be unacceptable. 

 

6.2  Embedding Your Content
We may allow you and other users to embed or frame your own or other users’ content and other related multimedia such as broadcasts in single players or playlists via our platform services and player facilities. 


6.3  Feeds: Sharing Account-to-Account
You may share your content directly with other registered users that you know and have permission from them to share and send feeds of your content to their accounts for private viewing or for publishing in playlists on their own websites using our services such as embedded players, integrated webtv portals, channel applets, multimedia playlists and other similar framed services. 

6.4  Feeds: Distributing to Subscriber Groups
You may distribute your content to groups such as Sectors, Markets and Regions that meet a specific criteria for a specific type of content. Selecting a combination of targeted user company Primary Activity(s) plus Sector(s) or Market(s) and Region(s) categories may lead to a match with recipients that have subscribed to corresponding categories for receiving content distributed to such groups for private viewing or for publishing on their own websites using our services. 

6.5  You own and control Your Content, which you upload on 3B NEXUS hosted platform. We are not responsible for the content you choose to allow other users to embed, or which you distribute to subscriber groups or share directly with other user accounts for their private viewing or for publishing on their own websites. If you do not want other users to embed or publish your content on their websites using our services, switch off the 'Embed' button option from your broadcasts and do not distribute your content to user groups and do not send feeds or share your content directly with other user accounts. 

6.6  Feeds: Receiving other Users' Content 
You may receive e-mail invitations to accept content distributed by other registered users for your private viewing or for publishing on your websites using our services.  Selecting a combination of preferred Sector(s) or Market(s) and Region(s) from which to receive distributed content may lead to a match with publishers that have selected corresponding categories for distributing content to such groups. Your account will receive these feeds only if your registered company Primary Activity matches the publisher's targeted users' company Primary Activity and the group category selections.  If you do not wish to receive any distributed feeds from other registered users, do not set any preferences for the Feeds Inbox options on your account. 

6.7  Co-Marketing, Partnering and Distribution Channels 
From time to time, there may be certain commercial agreements, which may lead to additional costs related to your sharing of your content directly with other user accounts for publishing on their websites using our services or in association with a service partner such as a marketing or distribution channel or a content production or communications agency. Such agreements and any related costs may be subject to additional terms and conditions for the supply of such services and associated client services agreements between you and us or the other users.

Acceptable Use

7.   Acceptable Use
When you use our website you agree to abide by the following rules of conduct:

  • You will not copy, download, reproduce, republish, frame, broadcast or transmit any material on this website except:  i) where permission is clearly given to do so, such as where the ‘Copy’ or the ‘Embed’ facility is provided on the content.  ii) the owner of the content has given you permission ii) content and information is posted by and belongs to you.
  • You will not do anything that affects the operability or security of our website or services or anything that causes unreasonable inconvenience or offence or disruption to our staff and or other users of our website and services.

  • You will not post or transmit through our website or via our services, any software or other materials which contain a virus or other harmful or disruptive component.  

  • You will not post or transmit through this website or via our services, 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 unauthorised harvesting or collecting of personal information about users of our website or services without permission.

  • You agree not to use our website or services for any purposes other than to view or publish original, acceptable and appropriately licensed materials. 

  • You will comply with the 3B NEXUS House Rules found on our website at https://www.3bnexus.com/page/terms-rules.

Indemnity and Liability

8.   Indemnity and Liability

8.1 Liability
Accessing and using this 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.
 
8.2  To the extent permitted by law, we, other members of our group or 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 our website or related services in any way or in connection with the use, inability to use or the results of use of our website or related services, any websites linked to our website or services 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 our website or services or any websites linked to our website or services.
 
8.3  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 our website or related services will be uninterrupted or error free; that defects will be corrected, or that our website or related services, the server that makes it available, or published material will be free of viruses or other harmful material.
 
8.4  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 co-operation as is reasonably requested by 3B NEXUS.

Termination and Cancellation

9.   Termination and Cancellation
9.1  We reserve the right immediately to terminate your use of our website and related services such as our embedded players, playlists and webtv channel applets or other framed services, 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.
 
9.2  You are free to cancel your User Account at any time by removing all your content from our website platform storage via the content management section of your User Account and completing the cancellation form to notify us. Cancellation and refunds of Pay As You Go (PAYG) customers will only be issued in accordance with our online Terms and Conditions of Sale  or, for contract customers, according to your inclusive or additional service contract Terms and Conditions for the Supply of Services  subject to the individual Client Services Agreement which defines the features of such inclusive or additional services.

Jurisdiction

10. 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.

Version Update

Last updated:  September 2016