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Video Upload Service Terms & Conditions

 

BACKGROUND:

 

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website (vive-live.co.uk, its subdomains, or any other website operated by Vive Event Production (Vision Live Ltd) website,

(“Our Site”).

Please read these Terms and Conditions carefully and ensure that you understand them.

Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site.

 

If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately.

 

 

  1. Definitions and Interpretation
    • In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

 

“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, is uploaded to, or forms part of, Our Site;

 

“System” means any online communications facility that We make available on Our Site either now or in the future.  This may include, but is not limited to, data capture forms, video upload services, email, and live chat.

 

“We/Us/Our” means Vision Live Ltd [, a company registered in Scotland under SC455957, whose registered address is The Alba Centre, Alba Business Park, Livingston, Scotland, EH54 7EG

 

 

  1. Information About Us
    • Our Sites, vive-live.co.uk (and its subdomains), vive.events, awards2020.co.uk, awards 2021.co.uk, visionlive.events, visionlive.biz , are owned and operated by Vision Live Ltd, a limited company registered in Scotland under SC455957, whose registered address is The Alba Centre, Alba Business Park, Livingston, Scotland, EH54 7EG
    • Our VAT number is 172 931 793.

 

  1. Access to Our Site
    • Access to Our Site is free of charge.
    • It is your responsibility to make any and all arrangements necessary in order to access Our Site.
    • Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

 

  1. Intellectual Property Rights
    • All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
    • Subject to sub-Clause 4.3 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
    • You may:
      • Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
      • Download Our Site (or any part of it) for caching purpose only;
      • Print one copy of any page from Our Site;
      • Download extracts from pages on Our Site; and
    • Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
    • You may not use any Content saved or downloaded from Our Site for any purpose without first obtaining permission from Us (or our licensors, as appropriate) to do so.

 

  1. Links to Our Site
    • You may link to Our Site provided that:
      • You do so in a fair and legal manner;
      • You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
      • You do not use any logos or trade marks displayed on Our Site without Our express written permission; and
      • You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
    • You may only link to our site vive-live.co.uk and its subdomains with express permission from us.
    • Framing or embedding of Our Site on other websites is not permitted without Our express written permission.
    • You may not link to Our Site from any other site the content of which contains material that:
      • is sexually explicit;
      • is obscene, deliberately offensive, hateful or otherwise inflammatory;
      • promotes violence;
      • promotes or assists in any form of unlawful activity;
      • discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
      • is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
      • is calculated or is otherwise likely to deceive another person;
      • is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
      • misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 5.4);
      • implies any form of affiliation with Us where none exists;
      • infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
      • is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

 

  1. Links to Other Sites

Links to other sites may be included on Our Site.  Unless expressly stated, these sites are not under Our control.  We neither assume nor accept responsibility or liability for the content of third party sites.  The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

 

  1. Use of Our System
    • You may use Our System at any time to contact, or provide us with content as requested. Please note the following; you must not:
      • communicate in a way that is obscene, deliberately offensive, hateful or otherwise inflammatory;
      • submit information that promotes violence;
      • submit information that promotes or assists in any form of unlawful activity;
      • submit information that discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;
      • submit information that is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
      • submit information that is calculated or is otherwise likely to deceive;
      • submit information that is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
      • misleadingly impersonate any person or otherwise misrepresent your identity or affiliation in a way that is calculated to deceive;
      • imply any form of affiliation with Us where none exists;
      • infringe, or assist in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
      • submit information in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
    • We may monitor any and all communications made using Our System.
    • Any information that you send to Us through Our System may be modified by Us and, by sending us such information, you waive your moral right to be identified as the author of that information.
    • Any personal information sent to Us, whether through Our System or otherwise (including but not limited to your name and contact details), will be collected, used and held in accordance with your rights and Our obligations under the law, as set out in Clause 13.

 

  1. Disclaimers
    • Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only.
    • Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
    • We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
    • No part of Our Site is intended to constitute a contractual offer capable of acceptance. No goods or services are sold through Our Site.
    • We make no representation, warranty, or guarantee that services provided via on Our Site will be available from Us.  Please contact Us if you wish to enquire as to the availability of any services.

 

  1. Our Liability
    • To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
    • To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
    • If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
    • We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
    • We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
    • Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

 

  1. Viruses, Malware and Security
    • We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
    • You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
    • You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
    • You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
    • You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
    • By breaching the provisions of sub-Clauses 10.3 to 10.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our Site will cease immediately in the event of such a breach.

 

  1. Acceptable Use Policy
    • You may only use Our Site in a manner that is lawful. Specifically:
      • you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
      • you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
      • you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
      • you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
    • We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 11 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
      • suspend, whether temporarily or permanently, your right to access Our Site;
      • issue you with a written warning;
      • take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
      • take further legal action against you as appropriate;
      • disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
      • any other actions which We deem reasonably appropriate (and lawful).
    • We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.

 

  1. Privacy and Cookies

Use of Our Site is also governed by Our Cookie and Privacy Policies, available from <<insert link to Cookie Policy>> and https://www.vive.events/privacy-policy.  These policies are incorporated into these Terms and Conditions by this reference.

 

  1. Data Protection
    • All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
    • For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy <<insert link to Privacy Policy>> [and Cookie Policy <<insert link to Cookie Policy>>].

 

  1. Communications from Us
    • If We have your contact details, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.
    • We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time.  Any and all marketing emails sent by Us include an unsubscribe link.  If you opt out of receiving emails from Us at any time, it may take up to 10 business days for your new preferences to take effect.
    • For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at hello@vive.events.

 

  1. Changes to these Terms and Conditions
    • We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented.  You are therefore advised to check this page from time to time.
    • In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

 

  1. Contacting Us

To contact Us, please use Our System, email Us at hello@vive.events.

 

  1. Law and Jurisdiction
    • These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of Scotland.
    • If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 17.1 above takes away or reduces your rights as a consumer to rely on those provisions.
    • If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
    • If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of Scotland.

 

  1. GDPR Data Protection

18.1. All personal information that the Company may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and the Client’s rights under the GDPR.

 

​18.2.       For complete details of the Company’s collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of the Client’s rights and how to exercise them, and personal data sharing (where applicable), please refer to the Company’s Privacy Notice.

 

  1. GDPR Data Processing

19.1. In this Clause 13 and in the Agreement, “personal data”, “data subject”, “data controller”, “data processor”, and “personal data breach” shall have the meaning defined in Article 4, EU Regulation 2016/679 General Data Protection Regulation (“GDPR”).

 

​19.2         The Data Controller shall ensure that it has in place all necessary consents and notices required to enable the lawful transfer of personal data to the Data Processor for the purposes described in these Terms and Conditions.

 

19.2.1     Ensure that it has in place suitable technical and organisational measures (as approved by the Data Controller) to protect the personal data from unauthorised or unlawful processing, accidental loss, damage or destruction. Such measures shall be proportionate to the potential harm resulting from such events, taking into account the current state of the art in technology and the cost of implementing those measures. Measures to be taken shall be agreed between the Data Controller and the Data Processor and set out in the Schedule to the Agreement.

 

19.2.2     Ensure that any and all staff with access to the personal data (whether for processing purposes or otherwise) are contractually obliged to keep that personal data confidential; and

 

19.2.3     Not transfer any personal data outside of the European Economic Area without the prior written consent of the Data Controller and only if the following conditions are satisfied:

 

19.2.4.1.   The Data Controller and/or the Data Processor has/have provided suitable safeguards for the transfer of personal data;

 

19.2.4.2.  Affected data subjects have enforceable rights and effective legal remedies;

 

19.2.4.3.  The Data Processor complies with its obligations under the Data Protection Legislation, providing an adequate level of protection to any and all personal data so transferred; and

 

19.2.4.4.  The Data Processor complies with all reasonable instructions given in advance by the Data Controller with respect to the processing of the personal data.

 

19.2.5     Assist the Data Controller at the Data Controller’s cost, in responding to any and all requests from data subjects in ensuring its compliance with the Data Protection Legislation with respect to security, breach notifications, impact assessments, and consultations with supervisory authorities or regulators (including, but not limited to, the Information Commissioner’s Office);

 

19.2.6     Notify the Data Controller without undue delay of a personal data breach;

 

​19.2.7.     On the Data Controller’s written instruction, delete (or otherwise dispose of) or return all personal data and any and all copies thereof to the Data Controller on termination of the Agreement unless it is required to retain any of the personal data by law; and

 

19.2.8.     Maintain complete and accurate records of all processing activities and technical and organisational measures implemented necessary to demonstrate compliance with this Clause 13 and to allow for audits by the Data Controller and/or any party designated by the Data Controller.

 

19.3      The Data Processor shall not sub-contract any of its obligations with respect to the processing of personal data under this Clause 13

 

​19.4        The Data Processor shall not sub-contract any of its obligations to a sub-processor with respect to the processing of personal data under this Clause 13 without the prior written consent of the Data Controller (such consent not to be unreasonably withheld). In the event that the Data Processor appoints a sub-processor, the Data Processor shall:

 

19.4.1     Enter into a written agreement with the sub-processor, which shall impose upon the sub-processor the same obligations as are imposed upon the Data Processor by this Clause 13 and which shall permit both the Data Processor and the Data Controller to enforce those obligations; and

 

19.4.2.     Ensure that the sub-processor complies fully with its obligations under that agreement and the Data Protection Legislation.

 

  1. Use of uploaded user content
    • Where end users choose to upload content to our servers using the systems provided within our sites, care will be taken at all times to ensure that data is transmitted securely and carefully
    • To perform the services of these sites, Vision Live Ltd make use of sub-contracted services. By using our service, the also accepts use of the terms and conditions of the following services:
      1. Formstack - https://www.formstack.com/terms
      2. AddPipe - https://addpipe.com/privacyv2 , https://addpipe.com/terms , https://addpipe.com/gdpr
      3. Zapier - https://zapier.com/terms/ https://zapier.com/privacy
      4. com - https://www.box.com/en-gb/legal/privacypolicy, https://www.box.com/en-gb/legal/termsofservice1
      5. other services may also be used at the company’s discretion.
    • Any uploaded content provide by the user will be treated in accordance to the terms and conditions as set out in this document, and those of our service providers as above. Data will only be used by the company in relation to the specific project it was intended and collected for. After the project completion, all data will be deleted from the services listed above within 3 months.
    • Data will be made available to our clients for their usage. This usage is subject to each clients individual terms and conditions, and further details can be provided to the user upon request.