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Terms of Individual Membership
Interbase UK Limited, trading as Productionbase, (the Company) provides this internet site Productionbase.co.uk (the Site or Website) and related services subject to your compliance with the terms and conditions of use set out below. These Terms and Conditions also apply to all other associated Interbase or Productionbase domain names that are registered to Interbase UK Limited. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. By subscribing to and using this site, you have agreed to these Terms and Conditions with the Company. If you do not agree with these terms and Conditions of this agreement, you may not subscribe to or use this Site.
The Company may make changes and update these Terms and Conditions at any time, without notice to you. Please check the Terms and Conditions posted at Productionbase periodically, because your continued use of the Site will mean you accept these changes and updates. When using the Productionbase website, you and Productionbase shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms and Conditions (T&C"s.)
The purpose of the Productionbase is so that people working within the audio-visual industries can network with each other more easily; seeking employment, seeking candidates, general information or advertising solutions. While we have thousands of Productionbase company and Individual members who may use Productionbase to view the profiles of Individual members, or place their company vacancies on the Jobs Board, we cannot guarantee work. We cannot guarantee that Productionbase company members will view your profile or that those who do will call you in for an interview or that you will be offered a position after interview. Those decisions rest with the Productionbase company and Individual members.
DISCLAIMER
While the Company endeavours to ensure that the information on this Website is correct, the Company does not warrant the accuracy and completeness of the material on this Website, or its relevance to any complaint or condition that you might have. The Company may make changes to the material on this Website, at any time without notice. The material on this Website may be out of date, and the Company makes no commitment to update such material.
The material on this Website is provided 'As Is', without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with this Website on the basis that the Company excludes all representations, warranties, conditions and other terms which but for this legal notice might have effect in relation to this Website.
LIABILITY
The Company, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of the Company"s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, 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 this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this 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 this Website or your downloading of any material from this Website or any websites linked to this Website.
Nothing in these Conditions shall however exclude or limit the Company"s liability for:
1. death or personal injury caused by the Company"s negligence
3. any liability which cannot be excluded or limited under applicable law;
If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
DESCRIPTION OF SERVICE
Productionbase currently provides users with access to a rich source of audio-visual industry-related information over the Internet. Unless explicitly stated otherwise, any new features that augment or enhance the current services, including the release of new online information and services, shall be subject to the T&C"s. You understand and agree that all services are provided "As-Is" and that the company assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalisation settings.
In order to use the services, you must obtain access to the World Wide Web, either directly or through devices that access Web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
If you are experiencing any other problems with the site, please check our `Help' pages. Your computer must have cookies enabled. You must ensure that your email service provider's security measures, and your own computer settings, do not block automated emails from Productionbase.
INTERBASE UK LTD. PRIVACY POLICY
Your Profile Data and certain other information about you are subject to our Privacy Policy. For more information, please see our full Privacy Policy.
MEMBER ACCOUNTS, PASSWORDS, AND SECURITY
Upon completion of the registration process for the sites services, you will have created a login identity and password. You are responsible for preserving the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify the company of any unauthorized use of your password or account or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
YOUR REGISTRATION OBLIGATIONS
The Profile Database is a service that Productionbase provides to individuals that want their personal and professional details, and Profiles, made available to potential employers and/or other individual members. By submitting your Profile to us you agree to the following terms and conditions.
1. You warrant that the information posted by you on to this site, and contained within your Profile, honestly and accurately describes yourself and your qualifications, experience etc and that the information (including your availability to work) is up to date and frequently updated, to keep it true, accurate, current and complete.
2. You agree that we may use the information posted by you, on your Profile, and your contact details to contact you about job opportunities that we believe might interest you.
3. You agree that we may also make the information posted by you and held within your Profile which will necessarily include your contact details and other personal data available to selected third parties, such as registered employers or Individual Members so that they may contact you directly about job opportunities that they believe might interest you or in order to otherwise help you find employment.
4. You accept that as a result of your personal data being made available online it may be provided to people outside of the European Economic Area ('the EEA') in territories in which the protection conferred on data subjects is not as extensive as it is within the EEA, although We will endeavour to ensure that all Productionbase users respect your rights.
5. If you no longer wish for your Profile to be made available on our database please let us know by sending an appropriate email to this address: info@productionbase.co.uk Once we are aware that you no longer wish to have your details made available for job opportunities we will cease to contact you about them and will cease to make your Profile available to Productionbase users. However, Productionbase users that already have your details will not know that you are no longer interested in receiving information about job opportunities, so you will need to inform them of this as and when they contact you.
6. In using your Profile and your personal data we will respect your rights under the Data Protection Act 1998 and will take reasonable steps to keep your personal data secure.
7. You accept that we are not responsible or liable for the activities or representations of any Productionbase users or any employers with whom we put you in touch. You should exercise all due caution in contacting anyone that claims to be an employer and taking up any offers of employment with or through them.
8. Productionbase cannot guarantee the minimum number of times a CV will be viewed by or distributed to potential employers in any given period.
9. You hereby undertake that: the details and Profile you store and save on Productionbase are a true and accurate reflection of your education, employment, training history and that your personal details are correct; that if any of the information stored and saved on Productionbase for the purposes of securing employment is found to be false or inaccurate in any way, that Productionbase reserves the right to remove those details and/or suspend the use of the Services on the Site; in respect of any information or CV you submit which contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or any copy by which any living person is or can be identified, that you have obtained the authority of such living person to make use of such name, representation and/or copy.
10. You agree to comply with the general terms and conditions of use for our website.
JOB APPLICATIONS
You will ensure that you have read and understood the requirements of any vacancy posted on the Jobs Board before making an application. You agree not to apply for vacancies unless you have the required experience and/or skills for the position. In the event of inappropriate job applications, we reserve the right to suspend your membership of the Productionbase.
MEMBER CONDUCT
You understand that all information, data, text, animation, software, photographs, graphics, messages, or other materials (Content), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not the Company, are entirely responsible for all Content that you post, email, or otherwise transmit via the Sites services. Under no circumstances will the Company be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, or otherwise transmitted via the sites services.
You agree to not use the sites services, including the online discussion forum (The Watercooler) to:
1.Upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another"s privacy, hateful, or racially, ethnically, or otherwise objectionable.
2. Spam" your fellow Individual Members with emails prospecting for employment, on the understanding that they may well be in the same position as you. Individual Members who do this may have their membership cancelled indefinitely.
3. Impersonate any person or entity, including, but not limited to, a Productionbase official, or falsely state or otherwise misrepresent your affiliation with a person or entity.
4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the sites and the companies services.
5. Upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
6. Upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of any party.
7. Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation that are designated for such purpose.
8. Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
9. Interfere with or disrupt the sites services or servers or networks connected to the sites services, or disobey any requirements, procedures, policies, or regulations of networks connected to the sites services.
10. Intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law.
11. "stalk" or otherwise harass another; or collect or store personal data about other users.
You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You acknowledge and agree that the Company may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
1. comply with legal process
3. respond to claims that any content violates the rights of third- parties
4. protect the rights, property, or personal safety of the Site, its users, and the public.
You understand that the technical processing and transmission of the Sites services, including content, may involve:
1. transmissions over various networks, and
2. changes to conform and adapt to technical requirements of connecting networks or devices.
USER CONTENT
If you send any text, images, audio or other content to this website, you accept that the files sent become the sole property of Interbase UK Limited and that we shall have the right to use that content and make it available to the public on this website and otherwise.
You may read and write at your convenience in the Productionbase online discussion forum (the Watercooler). We reserve the right to remove any posting that could be considered inaccurate, obscene or defamatory. We reserve the right to restrict your ability to write in the Watercooler in the event of your postings which could be considered inaccurate, obscene, defamatory or which potentially infringes any third party right.
INDEMNITY
You agree to defend, indemnify and hold the Company, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the content, or the interactive areas in a manner that violates or is alleged to violate these Terms and Conditions. The Company shall provide notice to you promptly of any such claim, suit, or proceeding, and shall reasonably cooperate with you, at your expense, in your defence of any such claim, suit or proceeding.
GENERAL
The Company is based in England. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside England, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Sites services, use of the Sites services, or access to the Sites services.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that the Company reserves the right to delete accounts that are inactive for an extended period of time. You further acknowledge that the Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
MODIFICATIONS TO SERVICE
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites services (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites services.
TERMINATION
You agree that the Company, in its sole discretion, may terminate your password, login identity, account (or any part thereof) or use of the Sites services, and remove and discard any Content within the Sites services, for any reason, including, without limitation, for lack of use or if the Company believes that you have violated or acted inconsistently with the letter or spirit of the T&C"S. The Company may also in its sole discretion and at any time discontinue providing the Sites services, or any part thereof, with or without notice.
You agree that any termination of your access to the Sites services under any provision of this T&C"s may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Sites services. Further, you agree that the Company shall not be liable to you or any third-party for any termination of your access to the Sites services.
SUSPENSION OF ACCESS
Each account is for a single subscriber. The Site logs all interaction with the web site. If your user account is used by more than one user then the account will be suspended indefinitely.
REFUND POLICY
Once you have subscribed, you have a maximum of 48 hours to cancel your subscription and claim a refund on your subscription. If you have used the Service to apply for jobs in the meantime, you may not apply for a refund. To claim a subscription refund you have to e mail, within 48 hours of subscribing, to info@productionbase.co.uk . In the header section you must put Cancel Subscription and in the body you must give your full name, date of subscription and reasons why you wish to cancel the subscription. After this 48 hour period has expired there will be no subscription refunds, although you have the right to cancel your subscription atany time.
PAYMENT
The prices of all subscription fees are clearly marked. These T&C"s commence on the day on which you subscribe.
Subscription:
- Annual Membership Single Payment
- Annual Membership 12 Installments
- Monthly Membership
If you chose to pay the monthly membership, then the subscription payment is taken each calendar month on the day or nearest day of subscription.
Payment is to be made via a credit or debit card, or by standing order to a bank, and all credit and debit card information will be encrypted for security.
If you choose the Annual Membership 12 Installments (Installment) subscription option, then you agree to pay a minimum of 12 consecutive monthly payments (Minimum Period) from the day on which you start that subscription agreement. There is no option to postpone or `freeze` Installment option payments within those 12 consecutive months. Defaulted payments will be pursued as necessary, and will incur penalties as follow:
1. Arrears over 30 days overdue will incur an additional penalty of £25 payable before member subscription is reactivated.
2. If arrears are over 3 months overdue then, in addition to obligatory payment of overdue accounts, and the £25 penalty, the member will have no further access to Productionbase services for 12 months following the agreed minimum subscription period.
If this Agreement is ended during the Minimum Period, you must pay the monthly subscription charges up to the end of the Minimum Period. This does not apply if you end the Agreement for the reasons outlined below:
1. the Company break this Agreement in any way and we do not correct the situation within 7 days of your request.
2. the Company go into liquidation or a Receiver is appointed over our assets.
Each subscription agreement, monthly or annual, will automatically renew on completion at the same rate as before unless the subscriber specifically requests in advance that it be cancelled. For example, if you choose the Annual Membership 12 Installments membership subscription then at the end of the first 12 month period, you will be subscribed for a further 12 month period if you do not expressly cancel your subscription before the end of your first 12 months.
SMS-Only Membership: You may subscribe for mobile phone sms text message-only membership of the Productionbase. In this case, the terms above apply, however, you will only receive mobile phone text notification of job postings which match your Profile page, and can only apply for them by text from your mobile phone. You will be able to track your text applications online via the "My Stats" and "My Applications" facilities. Aside from the monthly subscription fee, you will be charged £1.50 through your service provider for each sms job application that you make.
With SMS-only membership you will not have access to the full Jobs Board online. Your Profile will not be searchable by Productionbase company members other than those you have applied to by text. You will not be able to write on the Watercooler.
Currently, approximately 75% of Productionbase company members search the Members" Directory to look at Individual Members" profiles, in preference to posting jobs on the Jobs Board. If you take SMS-Only Membership, then you will not have access to the majority of work opportunities on the Productionbase, nor have full access to the range of other services offered to Individual Members.
CANCELLATION
You can cancel your subscription at any time and it will expire at the end of the relevant subscription period, whereupon you will be unable to use the services of the site.
DEALINGS WITH ADVERTISERS AND SPONSORS
Your correspondence or business dealings with, or participation in promotions of, advertisers and sponsors found on or through the Sites services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that the Site or the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Sites services.
LINKS
The Sites services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because the Site has no control over such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
PRODUCTIONBASE PROPRIETARY RIGHTS
You acknowledge and agree that the Companies services and any necessary content used in connection with the Sites services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Sites services or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by the Sites or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Sites services or it"s content material, in whole or in part.
The Company grants you a personal, non-transferable and non-exclusive right and license to use the content material; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any rights. You agree not to modify the content material in any manner or form, or to use modified versions of the material, including (without limitation) for the purpose of obtaining unauthorized access to the Sites services. You agree not to access the Sites services by any means other than through the interface that is provided by the Company for use in accessing the Sites services.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
1. Your use of the Sites services is at your sole risk. The Sites services are provided "as is" and "as available" basis. The Company expressly disclaims all warranties of any kind whether express or implied.
2. The Company makes no warranty that (i) the Sites services will meet your requirements, (ii) the Sites services will be uninterrupted, timely, secure, or error free, (iii) The results that maybe obtained from the use of the Sites services will be accurate or reliable, (iv) The quality of any products, services, information, or other material obtained by you through the Sites services will meet your expectations, and (v) any errors in the material will be corrected.
3. Any material downloaded or otherwise obtained through the use of the Sites services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
4. No advice or information, whether oral or written, obtained by you from the Company or through or from the Sites services shall create any warranty not expressly stated in theT&C"s.
LIMITATION OF LIABILITY
You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from (i) The user or the inability to use the Site (ii) The cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into, through or from the Sites services, (iii) Unauthorized access to or alteration of your transmissions or data, (iv) Statements or conduct of any third party of the Sites services, or (v) any other matter relating to the Sites services.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections titled "Disclaimer of Warranties" and "Limitation of Liability" may not apply to you.
NOTICE
Notices to you may be made via either email or regular mail. The Sites services may also provide notices of changes to the T&C"s or other matters by displaying notices or links to notices to you generally on the Sites services.
TRADEMARK INFORMATION
The Site, the Sites logo, and other Productionbase logos, product and service names are trademarks of Productionbase. Without Productionbase's prior permission, you agree not to display or use in any manner, the Productionbase marks or logos.
COPYRIGHTS AND COPYRIGHT AGENTS
All text, graphics and multimedia content available from the entry point URL: http://www.productionbase.co.uk and pages within that domain (the "Site"), and all related code (including but not limited to HTML, other mark-up languages, and all scripts) within this Site are the property of Interbase UK Ltd. and/or its affiliates. All material on this Site, including (but not limited to) images, illustrations, audio clips and video clips, is protected by copyrights that are owned or controlled by the Company or by other parties that have licensed their material to the Company (or posted to the Site pursuant to a user agreement with the Company). Material from the Site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Modification of the materials, or use of the materials for any other purpose is a violation of copyright and other proprietary rights. The use of any such material on any other Web site or computer environment is prohibited.
The Company has made every effort to secure appropriate licenses and clearances for all proprietary intellectual properties used on this Site. If any Productionbase company member or individual feels they have any cause for complaint regarding the content in the Site or have reasons to believe there are any alleged intellectual property rights infringements, please contact info@productionbase.co.uk outlining your specific concerns and the Company will endeavour to address these issues sensibly and realistically.
the Company respects the intellectual property of others, and we ask our users to do the same.
GENERAL INFORMATION
Productionbase is operated and controlled by Interbase UK Ltd. from its offices in England. You expressly agree that exclusive jurisdiction for any dispute with Productionbase , or in any way relating to your use of Productionbase , resides in the English courts, and you further agree and expressly consent to the exercise of personal jurisdiction in the English courts in connection with any such dispute including any claim involving Productionbase or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
These Terms and Conditions are governed by the laws of England, without respect to its conflict of laws principles. If any provision of these Terms and Conditions 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 these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
COMPLETE AGREEMENT
These terms and conditions constitute the entire agreement between you and the Company with respect to the use of the Productionbase and any content contained therein.
VIOLATIONS
Report any violations of the Terms of Service to info@theproductionbase.com
Interbase UK Ltd, part of Northcliffe House, 2 Derry Street, London W8 5TT. Registered in England and Wales with co. number 02894310 VAT Number GB 243 5711 74.
Directors" details available on request.
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Productionbase works closely with...
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Sat 11 Oct 08 21:07 GMT
© 2008 interbase uk
productionbase.co.uk is the uk's leading networking site for people and companies working in the UK screen industries, tv and film.
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