1. Appointment
1.1 The following terms and conditions govern the products (“the Services”) and Privacy Policy of ADBREAKANTHEMS LTD with regards to:-
a) www.adbreakanthems.com herein referred to as “the Website”.
b) the monthly aggregation of UK television advert data provided to subscribers of the Website herein referred to as “thesyncsurvey” and delivered in various formats:-
i) email to subscribers of the Website.
ii) Pdf or other such electronic document emailed to subscribers.
iii) via access to a private area of the Website.
1.2 The terms and conditions were last updated on June 11 2013.
1.3 References in these terms and conditions to " thesyncsurvey " or "the Website" (or "we", "us" or "our") refers to the limited company AdBreakAnthems, registered in England at 42 Myrtle Road, London W3 6EA Reg no 08161088.
2. Copyright Statement
2.1 Unless indicated otherwise the contents of this service are the exclusive copyright of Adbreakanthems Ltd.
2.2 All rights reserved.
3. Access and Use
3.1 Reproduction in whole or in part in any form or medium without written permission is prohibited except:-
a) for retrieval and display of content on a computer screen, smart phone, tablet or any other such personal computer equipment.
b) printing of individual pages on paper or on a medium for personal or private use only.
c) for download onto the subscribers own computer equipment and not for storage on any public server, shared folder or device connected to a public network.
d) for accessing content on any software that may make transient cached copies to facilitate subsequent access commonly known as a “Browser”.
3.2 You may not reproduce, publish, broadcast, transmit, modify, adapt, create derivative works of, store, archive or in any way commercially exploit any of the Services without prior permission from Adbreakanthems Ltd except as defined under clause 3.1 above.
3.3 You may not remove the copyright and/or trade mark notice(s) where applicable from any copies of content made in accordance with these Terms and Conditions.
3.4 For permission to reproduce any aspect of the content please email us at info@adbreakanthems.com, phone +44 (0)20 8992 7155 or apply by post at the above address.
3.5 The Services provided by Adbreakanthems and thesyncsurvey are intended primarily for business to business subscribers.
3.6 Access to the Services, other than the general access pages are restricted to subscribers only.
3.7 Non-subscribers may browse the free access pages only which are also governed by these Terms and Conditions.
3.8 Re-distribution of our products may result in the subscription being withdrawn without refund.
3.9 Where usage terms are subject to a separate contract, the terms of that contract shall take precedence.
4. Subscription
4.1 The full Services of Adbreakanthems including access to the thesyncsurvey is accessible only to paying subscribers.
4.2 Each paying subscriber will receive a single user name and password in order to access the subscriber areas of the site.
4.3 Each user name and password is for use exclusively by a single user and may not be made available to multiple users on a network or otherwise.
4.4 Subscribers shall indemnify Adbreakanthems Ltd against all costs, losses or expenses resulting from any unauthorized use of a user name and/or password by any unnamed user or third party.
4.5 Your subscription shall be on these terms to the exclusion of all other terms and conditions of business including any that you may send to us when placing renewing or paying for a subscription.
4.6 We may vary these terms at any time.
5. Payment
5.1 Subscriptions may be purchased by BACS transfer or by credit or debit card in UK pounds sterling.
5.2 All credit or debit card transactions are made through our transaction partner PayPal and we do not and will not take or store credit card details.
5.3 All BACS transfer payments must use the payment reference detailed on the invoice delivered by email from us.
5.4 Where subscription terms are subject to a separate contract, the terms of that contract shall take precedence.
5.5 Service prices are detailed on the subscription page of the Website.
5.6 In the event that your subscription package involves an automated renewal option Adbreakanthems Ltd will notify you in advance of any price increases and will offer the chance to cancel your renewal at a reasonable time before the price increase might take effect.
5.7 If you are authorised to use the Adbreakanthems subscription service through any corporate arrangement made with us any payment terms outlined herein will not apply to you but will be subject to a separate contract.
6. Subscription Cancellation
6.1 Cancelling or changing your Adbreakanthems subscription.
a) We will offer a full refund within the first fourteen days of signing up to the service if you are dissatisfied for any reason whatsoever.
b) Where subscription terms are subject to a separate contract, the terms of that contract shall take precedence.
c) In the case that you are not satisfied with the service, please mail us as soon as possible and we will endeavour to put right your concerns.
d) Refunds on cancelled subscriptions will only be provided at our discretion, and will be subject to an administration fee.
7. Liabilities
7.1 Adbreakanthems Ltd will make its best endeavours to check the reliability of all information printed within the site but cannot accept liability or responsibility for:-
a) any action undertaken on behalf of the information supplied herein or for any opinion expressed.
b) the truth of any story we link to.
7.2 In addition the content does not constitute any form of advice, recommendation or arrangement by Adbreakanthems Ltd and is not intended to be relied upon by users in making (or refraining from making) any specific investment or other decisions. Appropriate independent research and advice should be obtained before making any such decision.
7.3 Any arrangements made between you and any third party named on this site are at your sole risk and responsibility.
7.4 Adbreakanthems reserves the right to take technological steps to prevent or discourage piracy, including but not limited to watermarking, personalising and digital rights management.
7.5 In the case of having distributed or copied Adbreakanthems content without permission, users agree to suspend all rights to make claims against Adbreakanthems for any liability or damage that might arise.
7.6 Adbreakanthems undertakes to use its best endeavours to maintain its site to the highest standards of security, but cannot accept liability for any virus introduced by any aspect of our service and advises users to apply up-to-date virus checking software.
7.7 Adbreakanthems is not responsible for any technical or other issues that may arise if you download software from an external third party website (eg Acrobat Reader) or upgrade your browser software to enhance your usage of the Websites.
7.8 By supplying your email address to the site you are warranting that you are allowed to receive emails at that email address. You agree that Adbreakanthems has permission to stop sending you emails to that address without notifying you, if we receive a request from your employer or college, or other person or organisation who has a legitimate right to make such a request. In such an event we will seek to make alternative arrangements but will not be liable for refund.
7.9 Our liability is limited to the amount paid for subscription subject to the above Adbreakanthems liability to you whether in contract, tort or otherwise and is limited to the amount paid by you in respect of your registration, or period of subscription.
7.10 You further agree that Adbreakanthems has:-
(a) no control over third party content and information which can be accessed using the Service
(b) that we do not examine or edit the use to which you or others put the Service or the nature of the content or information being accessed
(c) that we are excluded from all liability of any kind arising from such content or information.
(d) that we are not responsible for third party sites which may link to Adbreakanthems.
(e) that except for death or personal injury arising through our negligence, or fraud or any other liability which may not by applicable law be excluded or limited, we exclude any liability whatsoever for any loss or damage arising from use of the Service.
7.11 We reserve the right to remove any information/material we deem to be in breach of any of these Terms and Conditions without notice, and without prejudice to any other accrued rights, and/or to make available such information/material when required to do so by law or when requested to do so by regulatory bodies or law enforcement organisations.
7.12 We take all such steps as are reasonably necessary to provide a fast and reliable service, but exclude any liability for:-
(a) the security of the Service or for any disruption of the Service however caused
(b) loss of or corruption of any material in transit
(c) loss of or corruption of material when downloaded onto any computer systems
(d) loss of profits, software, data, staff time or indirect or consequential loss.
8. Your Content
8.1 You agree that you will not use the Site:-
(a) for the posting, uploading, emailing or other transmission of any material which infringes the rights of any person or which is unlawful in any other respect;
(b) in any way which is abusive, defamatory or obscene or which will harass, distress or inconvenience any person or which might restrict or inhibit the use and enjoyment of the Secure Pages by any person;
(c) for the posting, uploading, emailing or other transmission of any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation or commercial exploitation;
(d) for the posting, uploading, emailing or other transmission of any material that contains software viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment;
(e) to create a database (electronic or otherwise) that includes material downloaded from the Site;
(f) to transmit or re-circulate any material obtained from the Site to any third party;
(g) or in any way bring Adbreakanthems into disrepute.
8.2 Adbreakanthems may publish any material you submit, post, upload, email or otherwise transmit to them or to the Site at their sole discretion and they shall be entitled to make additions or deletions to any such material prior to publication.
8.3 You hereby grant Adbreakanthems a non-exclusive, royalty-free, perpetual and worldwide licence to republish any material you submit, post, upload, email or otherwise transmit to them or to the Site in any format, including without limitation print and electronic format.
8.4 You hereby waive all of the moral rights that you have under Chapter IV of the Copyright, Design and Patents Act 1988 in respect of any material you submit, post, upload, email or otherwise transmit to Adbreakanthems or to the Site.
9. Indemnity
You agree to indemnify and hold us and any of our officers, employees and agents harmless from and against all and any expenses, losses, liabilities, damages, costs or incurred or suffered (including reasonable legal costs) as a direct or indirect result of your breach of these Terms and Conditions, or any unlawful use involved in the Service or reports.
10. Changes to these Terms and Conditions
We reserve the right to make changes to any part of the Service. Due to our policy of updating and improving the Service, it may therefore be necessary to change these Terms and Conditions. We indicate at the beginning of these Terms and Conditions the date on which they were last updated.
11. Choice of Law and Jurisdiction
11.1 These Terms and Conditions shall be governed by and interpreted in accordance with English law and you irrevocably agree that the courts of England shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with, these Terms and Conditions or your use of the Service.
11.2 We shall retain the right to bring proceedings as to the substance of the matter in any court or courts including, if appropriate, in the courts of your country of residence or, where these Terms and Conditions are entered into in the course of your trade or profession, the country of your principal place of business.
11.3 Should you have any queries about these terms and conditions please contact us at: info@adbreakanthems.com, phone +44 (0)20 8992 7155 or at 42 Myrtle Road, London W3 6EA.
12. Privacy Policy
12.1 Adbreakanthems Ltd takes the privacy of its users seriously. We are committed to safeguarding the privacy of our users while providing a personalised and valuable service. If you have any requests concerning your personal information or any queries with regard to these practices please contact us at info@adbreakanthems.com
12.2 Signing up to this service does not result in unsolicited, junk or 'spam' mail nor does it result in adware or spyware.
12.3 Your credit card details are handled securely by our partner Paypal and Adbreakanthems Ltd cannot access them or misuse them.
12.4 We enable you to remain informed if any of these terms and conditions or privacy policies change. In the case that you no longer accept any revised conditions you will be able to unsubscribe from the service at no further cost.
13. Data
13.1 Adbreakanthems Ltd is under certain legal obligations towards you in the way we deal with any data we collect on our users. We will collect the information fairly and let you know how we will use it.
13.2 The information that you provide about yourself to Adbreakanthems will only be used for the effective administration of the Site and to communicate with you. This does not apply to third party sites. Adbreakanthems Ltd will adhere to current UK legislation and aim to meet current Internet best practice.
13.3 From time to time, you will be asked to submit personal information about yourself, on a voluntary basis (e.g. name, company name and email address etc) in order to receive or use services on our website. Adbreakanthems will print your name and business name (where applicable) on each emailed report. This is to identify the recipient of each report and also as a polite way of reminding our users that each report is for the recipient’s use only. Adbreakanthems also reserves the right to include other non-financial personal information at a later date to make the report more personal to you.
13.4 We reserve the right to track and monitor the use of our services. Unauthorised forwarding to others may result in a subscription being withdrawn without refund.
13.5 Adbreakanthems Ltd does not keep any financial details at all. All credit / debit card details are stored by our financial partner Paypal. No financial details can be accessed through the Adbreakanthems site.
13.6 At a later date we may offer you the opportunity to participate in surveys carried out by Adbreakanthems to help our research into the types of service we offer.
13.7 We may use information in aggregate form (so that no individual user is identified): to build up marketing profiles; to aid strategic development; to manage our relationship with advertisers and to audit usage of the site
13.8 We may analyse and disclose aggregate data, as set out in the section above, to advertisers and other reputable businesses but we will not include any identifying personal information about individual subscribers. We may disclose information to business partners and sponsors but will notify you if this is to happen and will only collect information for this purpose with your express consent.
13.9 We will ensure that all personal information supplied is held securely, in accordance with the Data Protection Act 1998.
13.10 Your financial transactions with Paypal are secure and direct; Adbreakanthems Ltd does not store any credit card information on this site and cannot therefore misuse your credit card details.
13.11 You have the right to request a copy of the personal information Adbreakanthems Ltd holds about you and to have any inaccuracies corrected. Please address requests to info@adbreakanthems.com
13.12 Given that the Internet is a global environment, using the Internet to collect and process personal data necessarily involves the transmission of data on an international basis. Therefore, by browsing the Adbreakanthems Site and communicating electronically with us you acknowledge and agree to our processing of personal data in this way. The Site contains links to third party content; Adbreakanthems Ltd does not take responsibility for the privacy policy of these sites.
13.13 If Adbreakanthems Ltd is sold the company is entitled to sell the data to the buyer.
13.14 Adbreakanthems will take all reasonable steps to ensure the security of the data we hold. We will make our best endeavours to prevent loss or alteration to all data.
14. Cookies
14.1 A cookie is information that a Web site puts on your hard disk so that it can remember something about you at a later time.
14.2 We reserve the right to use cookies on the site solely for the purpose of logging you in or out of the site but not to specifically track your activity in any way. You can turn cookies off using your browser at any time but this may result in a loss of functionality.
