DEFINITIONSThis website www.fundamentalmedia.com (“the Website”) is operated by Fundamental Media Limited, registered in England and Wales under company number 05001866 (“Fundamental Media”, “us”, “we” or “our”). Our registered office is 31-41 Worship Street, London, EC2 2DY. The terms “Fundamental Media”, “us”, “we” or “our” also refer to our subsidiaries, divisions, branches under the control of Fundamental Media Limited, as appropriate. “You” and “your” means you as user of our Website.
AGREEMENTThese terms and conditions (“Terms”) govern your use of our Website. By accessing our Website, you agree to these Terms and a legally binding agreement is formed. We may make changes to these Terms from time to time. It is therefore important that you read these Terms regularly to ensure that you are familiar with their content any changes made by us. Please do not use our Website if you do not agree to these Terms. These terms were last updated on 1 December 2017.
These Terms also govern your use of any applications software and/or services available on this Website except where they are subject to separate specific terms or form of Agreement.
ACCESS AND PERMITTED USEYour access to our Website and the information it contains is conditional upon your compliance with these Terms and all applicable laws. We reserve the right without liability to you or any third party to change, delete, suspend or discontinue this Website (or any part of it) and/or the information it contains with or without notice at any time. Access to our Website is dependent upon availability of the world wide web and we shall not be responsible for any problem that arises in connecting to it or in any other circumstances arising beyond our reasonable control.
Our Website displays information about Fundamental Media and the services it provides and is made available to you for this purpose. You are not permitted to: interfere or attempt to interfere with the operation of this Website (whether via any software, device or otherwise); attempt to or obtain unauthorised access to any Fundamental Media networks, accounts or user information; link to this Website without Fundamental Media’s prior written consent or use any automated system, algorithm or software to monitor, extract, search or copy any material or data (in whole or in part) from or through using this Website.
Where permission to link to our Website is granted, you must link only to our home page (linking to any other page is strictly prohibited) in a way which is fair and legal and does not damage our reputation or take advantage of it. You must not link in any way to suggest any form of false association, approval or endorsement. Notwithstanding any permission granted, we assume no responsibility or liability for such links or your source website. We reserve the right to withdraw linking permission without notice. Where we link to any third-party websites we do so for convenience only; it is not a form of endorsement or approval or otherwise. We have no control over and so cannot accept responsibility or liability for the content of any linked third-party website and you access that website at your own risk.
PROPRIETARY RIGHTSAll intellectual property in our Website, including without limitation in its design, structure, layout, colour-ways, text, data, images, graphics, logos, icons and their selection, arrangement and compilation together with the underlying software code (“Content”) are owned by us or included on our Website with the permission of the relevant rights holder. Under no circumstances does your use of this Website confer any ownership rights to the Website, Content or the intellectual property they contain to you.
You may only view and use our Website and its Content for your own personal, non-commercial use. Except as expressly listed here or on the relevant part of our Website and/or as is required to lawfully access and use this Website, you must not copy, reproduce, create derivative works from, download, modify, publish, display, post, upload, transmit or distribute any Content in any form or by any means without our express prior written consent.
In addition, we expressly reserve all rights to the “Fundamental Media” name and logo, all product and service names and logos appearing on this Website and other company or trading names and styles as used from time to time (or otherwise used by the Fundamental Media) as our trademarks (whether registered or unregistered) including without limitation “Fundamental Monitor” and “Fundamental IQ” together with rights to www.fundamentalmedia.com and our other domain names. You agree not to display or use our trademarks or domain names without our prior written consent.
Any use of our intellectual property rights other than as permitted above will constitute a breach of these Terms and may infringe our or our licensor’s intellectual property rights.
LIABILITYOur Website has been prepared with the aim of providing key information about us and our services. Although we endeavour to ensure the information on our Website is accurate, we give no warranty regarding accuracy or completeness. Instead, our Website and the information it contains are made available strictly on an ‘as is’ and ‘as available’ basis and your use of or reliance upon them is entirely at your own risk. We do not represent or warrant that our Website will be error-free, free of viruses or owner harmful components, or that defects will be corrected. Accordingly, to the fullest extent permissible by law, we exclude and disclaim all warranties, terms, conditions and representations that might otherwise be implied by law in relation to this Website and the information it contains and/or all products or services supplied by us in connection with this Website.
We also exclude all liability to the fullest extent permissible by law, for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with your use of this Website or any website with which it is linked. You assume total responsibility for establishing procedures for data back up and virus checking as you consider necessary.
You shall compensate and hold us and our partners, affiliated companies, agents, officers, directors, employees harmless against all liabilities, losses, claims and expenses, including reasonable legal fees, incurred in connection and/or arising out of your breach of the terms of this Agreement.
ENTIRE UNDERSTANDING These terms contain the entire understanding between you and us with respect to this Website. Should any part of these terms be declared invalid by a court of competent jurisdiction, the remaining portion shall remain in full force and effect as if the invalid part had been removed. No failure on our part to enforce any provision of these terms shall constitute a waiver of the relevant provision or our right to enforce it.
LAW AND JURISDICTIONThese terms are made under English law and this Website is operated from England. Access to, or use of, this Website or information, materials, products and/or services on this Website may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this Website. We make no representation that the information contained herein is appropriate or available for use in any location.
You agree that the courts of England and Wales shall have exclusive jurisdiction to resolve any dispute or claim of whatever nature arising out of or relating to the use of this Website and that the laws of England and Wales shall govern such dispute or claim.