USER TERMS
INTRODUCTION
All content on this website (“Site”) is owned and operated by MindWorks Consulting, a company with its principal place of business 20 Rosebery Avenue, London EC1R 4SX, in the United Kingdom company registration number 13189262 hereinafter referred to as “MindWorks Consulting” and/or its clients and/or other right holders and is made available to you for informational purposes only.
By accessing or using this Site, you agree to these Terms of Use. If you wish not to agree to these Terms of Use, you should not use this Site.
YOUR USE OF THE SITE
Unless otherwise specified, the Site is provided for your personal and non-commercial use. You may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software or products obtained from the Site. Any other use of materials on the Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without the prior written permission of MindWorks Consulting is prohibited.
IP RIGHTS
All intellectual property rights, including copyrights and trademarks, in all text, images, sounds, software and other materials on this Site are owned by MindWorks Consulting or are included with the permission of the relevant owner.
Any material you download, including but not limited to software, files, graphics, data or any other content, is owned by MindWorks Consulting or its licensors. MindWorks Consulting retains full and complete title to the software and to all of the associated intellectual property rights. You may not redistribute or sell the material, nor may you reverse engineer, disassemble or otherwise convert it to any other form usable by humans.
You may print or download a portion of the Site to a hard drive and distribute it to other persons under the condition that you do so for informational purposes only. In addition, you must include the following so-called ‘copyright notice’ in all copies: Copyright MindWorks Consulting All rights reserved. It is prohibited without our prior written consent, among other things: use (a copy) of (a part of) the Site and/or the brand(s) placed on it for commercial purposes; and Change (part of) the Site or include it in any other work (such as a paper document, weblog or website of someone else).
CONTENT
We have compiled the content of this Site with the greatest possible care. However, the Site is only offered for informative purposes. MindWorks Consulting does not guarantee that the content of the Site is accurate, up to date and complete, that the Site will be uninterrupted and/or free of errors.
References on the Site to products or services do not constitute an offer for the sale or supply of that product or service.
To the fullest extent permitted by law, MindWorks Consulting, including its affiliates, officers and employees, hereby excludes all liability for any damages of any kind, direct and/or indirect, arising out of and/or as a result of your use of the Site or any other site linked to the Site. In particular, MindWorks Consulting shall in no event be liable for any damages whatsoever arising in any way from and/or arising out of your use of the Site or any other site linked to the Site: Any action taken by you which is allegedly prompted by the information posted on the Site; the inability to use the Site; and the fact that certain information on the Site is incorrect, incomplete or not up to date.
LINKS TO
OTHER SITES
This Site may provide access to other Internet websites. MindWorks Consulting does not control these sites, and you access them solely at your own risk. MindWorks Consulting also does not endorse or approve any products or information offered at sites you reach through this Site. Check the Uniform Resource Locator (URL) address provided in your Internet browser to determine if you are still in this MindWorks Consulting Site or have moved to another website.
PERSONAL DATA
If you provide us with personal information through the Site, such as your name and e-mail address, name, age,phone number etc, our privacy policy applies. We advise you to read this privacy policy carefully before you provide us with this information.
INFORMATION AND MATERIAL
PROVIDED BY YOU
If you provide MindWorks Consulting with information or other material, you agree that we may use it. You guarantee that the information or material does not violate the (intellectual property) rights of third parties or is otherwise unlawful.
On certain parts of the Site users can place information themselves. It is impossible for us to check this information in advance. We are therefore not responsible or liable for this. We reserve the right to shorten, modify or remove this information at any time.
MEMBERSHIP &
PLATFORM USE
Within our Site there is an online platform available at https://www.mindworksconsulting.com/ (“Platform”) Our Platform provides a place for people who are registered as members (“Member”) to showcase their work, share information about themselves (including their diversity data, if they choose to), connect with filmmakers and pitch for commercial opportunities.
ACCOUNT
In order to access some features of the Platform, a person will have to register and become a Member and these terns shall apply for the Member. Members shall only provide information about itself, including (if applicable) its organization, and shall ensure all account information is up to date at all times in order to create opportunities based on current information.
MindWorks Consulting has the right to suspend any Member’s account, at any time, if in its reasonable opinion the Member wishes to not comply with any of the provisions of these terms.
Members are solely responsible for their account and any activity on it, and must keep their username and password secure. As soon as a Member becomes aware of any unauthorised use of its account or password, the Member must notify MindWorks Consulting immediately by contacting: enquire@mindworksconsulting.com. MindWorks Consulting will not be liable for any losses caused by any unauthorised use of the Member’s account.
Where the Member is an organisation, the person registering on its behalf warrants that he/she has the authority to bind the organisation to these terms.
Members who are individuals must be either 18 years of age or over, or have the consent of their parent or guardian to use the Platform in accordance with these terms.
SERVICES, FEATURES
OR FUNCTIONALITY
OF THE PLATFORM
MindWorks Consulting may update and change the Platform from time to time, including by making available to Members or discontinuing certain services, features or functionality. These terms will apply to such new services, features or functionality, unless they come with separate or additional terms, in which case Members will be required to agree to such separate or additional terms before being permitted to use the new services, features or functionality.
MindWorks Consulting does not guarantee that the Platform, or any content on it, will always be available or be uninterrupted. MindWorks Consulting may suspend or withdraw or restrict the availability of all or any part of the Platform for business and operational reasons. MindWorks Consulting will try to give Members reasonable notice of any suspension or withdrawal.
Members further acknowledge that the availability and use of certain services, features or functionality on the Platform may vary between Members depending on, for example, location and account type (paid or free).
USE OF MATERIAL AND
CONTENT ON THE
PLATFORM
MindWorks Consulting is the owner or the licensee of all intellectual property rights in the Platform, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
The content on the Platform is provided for general information only. It is not intended to amount to advice on which Members should rely. Members must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Platform.
Although MindWorks Consulting make reasonable efforts to update the information on the Platform, MindWorks Consulting make no representations, warranties or guarantees, whether express or implied, that the content on the Platform is accurate, complete or up to date.
Aside from your own Member Content (described below), you may not modify, copy, download, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, personal data, software or products we give you access to via the Platform (including all information which is included in our Members’ profiles).
UPLOADING CONTENT
TO THE PLATFORM
Whenever a Member make use of a feature that allows it to upload, link or otherwise transmit (“contribute”) content (including film, video, audio and image material, text, data and information) to the Platform (“Member Content”), or to make communicate with other Members of the Platform, the Member must comply with the content standards set out in these User Terms.
The Member warrants that any and all Member Content does comply with the content industry standards set out in the Platform, and , these User Terms, and the Member will be liable to MindWorks Consulting and indemnify MindWorks Consulting for any breach of that warranty.
Any Member Content contributed by the Member to the Platform will be considered non-confidential and non-proprietary. The Member retains all of its ownership rights in its Member Content, but the Member is required to hereby grant MindWorks Consulting a non-exclusive, irrevocable, worldwide, transferable, sub-licensable and royalty-free licence to use, modify, reproduce, exhibit and distribute or otherwise make available its Member Content on and through any media formats now known or developed in the future and any media channels (including, without limitation, the Platform) for any purpose whatsoever (including, without limitation, promoting MindWorks Consulting and the Platform, operating the Platform, and showcasing and commercialising the Member Content).
The licence described above will terminate when the Member removes the relevant Member Content from the Platform, provided that any such termination will not affect any sub-licence granted to a third party prior to such termination.
MindWorks Consulting has the right to disclose the Member’s identity to any third party who is claiming that Member Content contributed under its account to the Platform constitutes a violation of their intellectual property rights, or of their right to privacy.
MindWorks Consulting has the right to remove any Member Content that has been contributed to the Platform if, in MindWorks Consulting’s opinion, the Member Content does not comply with these User Terms. MindWorks Consulting nonetheless assumes no obligation to modify or remove any Member Content.
The Member alone is responsible for its Member Content, including for securing and backing up its Member Content.
MEMBER CONTENT
UPLOADED TO
THE PLATFORM
The Member acknowledges that Member Content has not been verified or approved, and is not endorsed, by MindWorks Consulting. The views expressed by other Members on the Platform do not represent MindWorks Consulting’ views or values.
If a Member wishes to discuss Member Content or Content contributed by other Members, it should contact MindWorks Consulting at: enquire@mindworksconsulting.com
DISCLAIMER
MindWorks Consulting makes no warranties or representations about the accuracy or completeness of this Site’s content. This Site and the materials, information, services, and products in this Site, including, without limitation, text, graphics, and links, are provided “as is” and without warranties of any kind, whether express or implied. to the fullest extent permissible pursuant to applicable law, MindWorks Consulting disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, freedom from computer virus, and warranties arising from course of dealing or course of performance. MindWorks Consulting does not represent or warrant that the functions 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. MindWorks Consulting does not make any warranties or representations regarding the use of the materials in this site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
MODIFICATION
OF THE SITE AND
THESE USER TERMS
By providing material on this Site, MindWorks Consulting does not promise that the materials will remain available to you. MindWorks Consulting is entitled to terminate all or any portion of this Site at any time, without notice to you. MindWorks Consulting also reserves the right to change the terms, conditions, and notices for this Site at any time by updating this posting and your use of the Site following any such changes will constitute your consent to such modified terms. You agree to review these terms regularly to verify for changes. Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless MindWorks Consulting, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees and court costs, resulting from any violation of these terms and conditions or any activity related to your Internet account (including, but not limited to, negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.
LIMITATION OF
LIABILITY
In no event shall MindWorks Consulting be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any damages whatsoever, even if MindWorks Consulting has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
TERMINATION OF
THIS AGREEMENT
This agreement is effective until terminated by either party. You may terminate the agreement at any time, by destroying all materials obtained from this Site, along with all related documentation and all copies and installations. MindWorks Consulting may terminate this agreement at any time and without notice to you if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials.
MISCELLANEOUS
If any provision of this agreement is unlawful, void or unenforceable; the remaining provisions of the agreement will remain in place. This is the entire agreement between you and MindWorks Consulting regarding all aspects of your use of this Site.
These user terms and your use of the Site are governed by and construed in accordance with the laws of England and Wales. All disputes connected to or ensuing from the Agreement which cannot be amicably resolved, shall exclusively be brought before the courts England and Wales for resolution.