Bullseyehub

1. The Agreement between you and us

1.1 Your use of the Bullseyehub website (the "Site") and the event marketing subscription management services (together, the "Services") are subject to you accepting the following Terms of Use and Privacy Policy

1.2 Your acceptance of the Terms of Use shall be indicated by your affirmative email reply to the Bullseyehub booking form. If you do not accept all the Terms of Use, you should not affirmatively email reply to the Bullseyehub booking form.

1.3 Any error or omission in any information that we publish about the Services shall be subject to correction, provided that the correction does not materially affect the Services.

1.4 We may change or add to these Terms of Use for security, legal or regulatory reasons. Any changes we make to our Terms of Use in the future will be posted on this page and, where appropriate, notified to you by email.

1.5 If you do not wish to accept any amended Terms of Use you should close your client subscription account upon its expiry in accordance with your contract the details of which are set out in your booking confirmation. If you do not close your subscription account, your continued use of the Services will signify your acceptance of any amended Terms of Use.

2. Registration and using the Services

2.1 In order to use the Services you will need to activate your Bullseyehub client subscription account for the Site by providing your Bullseyehub Account manager with a username and password and entering certain distinctive information which we will use in accordance with our Privacy Policy.

2.2 You agree that you will register only in your client name and all information provided by you will be accurate and up-to-date. You agree to promptly update any of your details on the Site as necessary.

2.3 You are solely responsible for all actions taken under your username and password and shall only use or utilise the site using your own username and password.

2.4 You may not transfer your client subscription account to another person or entity.

2.5 You are responsible for maintaining the confidentiality of your client password and for all use of the Services made through your client password. You agree to keep your client password secret at all times and must inform us, and promptly change your client password, if you believe that another person has become aware of your client password or is using it or is likely to use it in an unauthorised way.

2.6 We may verify the accuracy of the information you provide to us when you register your account.

3. Cost of using the Services

3.1 Subscription costs, numbers of included email and SMSs, and other costs for email and SMS are set out in full in the Bullseyehub booking form.

4. Intellectual Property Rights

4.1 Intellectual property rights means any copyright, database right, trade mark, service mark, patent, rights in invention, domain name, confidential information, know-how, business name, trade name, get-up, trade-dress, right to sue for passing off or for unfair competition, and any other intellectual property rights whether applied for or unregistered and all extensions, renewals and revivals thereof and existing anywhere in the world.

4.2 We shall hold title to all Intellectual Property Rights and technical solutions, or in the alternative, shall possess a license from the rights owner(s) for use with the Services or otherwise used by us as permitted by applicable law. These Intellectual Property Rights are and remain the sole and exclusive property of us or its third party licensors as applicable. There are no implied licenses.

4.3 All content uploaded to, transferred through, publicly posted, processed or entered into the Services by you shall remain your sole property or its respective legal owner. We shall have no liability for such content. By uploading third party content you warrant that you have obtained all necessary licences, permissions, consents and agreements necessary for the lawful use of such third party content by us and by third parties in accordance with these Terms of Use and in order for us to provide the Services and further you hereby fully indemnify us and keep us fully indemnified in relation to all claims in respect thereof as set out in Clauses 5 and 6 hereof.

4.4 The Services are intended for the use of our clients only. Accordingly, you may print and download extracts from the Site provided that any material copied remains intact and includes the following notice: "Copyright © 2011 Spoonfed Media Limited. All rights reserved." Any other copying, distribution, storing, framing or transmission of any kind or any sort of commercial use of our material used in the Services is strictly prohibited without our express consent.

5. Acceptable Use Policy

5.1 You agree to use the Services as permitted by these Terms of Use and for lawful purposes. In particular you agree not to:

6. Limits to your rights

6.1 We will do our best to maintain the operation of the Services in accordance with these Terms of Use. However, we make no warranty that the Services will meet your requirements. We cannot guarantee that the Site will be technically suitable for viewing on your computer or that the Services will be delivered to you uninterrupted, timely, secure or error-free. We make no representations or warranties regarding the results to be achieved by you after performance of the Services. We disclaim all warranties of any kind, express, implied and statutory including without limitation any implied warranty of non-merchantability or any implied warranties arising out of a course of performance, dealing or trade usage. You are not authorized to make any warranty or representation concerning the Services. We do not warrant the accuracy or reliability of the results obtained through the Services or any data or information downloaded or otherwise obtained or acquired through or in connection with the Services. You acknowledge that any data or information downloaded or otherwise obtained or acquired through us in connection with the Services are at your sole risk and discretion and we will not be held liable or responsible for any damage to you or your property in connection therewith.

6.2 You are responsible for providing all equipment, including computer and mobile phone equipment if necessary, and telecommunications services required to use the Services. We cannot and do not accept any responsibility for these and cannot guarantee the continued availability of any third party services involved in providing the Services to you.

6.3 The internet is not a secure environment and we cannot guarantee that the Site and the server are free of error, bug, computer viruses or other harmful applications. We recommend that you regularly update your browser software and use up-to-date anti-virus software to ensure that your access to the Services is as secure as possible.

6.4 Your access to the Services may be occasionally restricted to allow for repairs, maintenance, the introduction of new facilities or services, or due to events beyond our reasonable control. Where this happens, we will attempt to restore the Services as soon as we reasonably can.

6.5 We will not be held liable for any loss regardless of whether such loss is direct, indirect, incidental, special or consequential arising out of, or in connection with the use of the Services even if we are advised of the possibility thereof and regardless of the nature of the claim.

7. Your responsibility to us

7.1 You shall be responsible for and indemnify us (including our affiliates, subsidiaries, partners, directors, officers and employees) from any losses, expenses or other costs incurred which are caused by your breach of these Terms of Use including reasonable legal fees; and you will hold harmless us (including our affiliates, subsidiaries, partners, directors, officers and employees) from any claim or demand including reasonable legal fees made by any third party due to or arising out of your use of the Services, the use of your account by any third party, the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.

8. Termination, Suspension and Cancellation

8.1 We may terminate or suspend your membership account and/or suspend your access to the Services if:

8.2 We may suspend access to the Services or require you to change your password if we reasonably believe that the Services have been or are likely to be misused, and we will notify you accordingly.

8.3 It may be necessary, for reasons beyond our control, to terminate the Services and if this occurs we will endeavour to provide as much notice as is reasonably possible in the circumstances.

8.4 We may terminate the Services and this agreement between us by giving you 14 days notice.

8.5 These Terms of Use govern the Services provided by us and the use of the Services by you. They are effective as of the date that you affirmatively agree to the email containing the booking form by replying with ‘I AGREE’ and paying the first advance monthly gross rate due as set out in the booking form (‘the Commencement Date’). Thereafter you are contractually bound for the Minimum Contractual Term specified in the booking form unless you cancel the contract during the Cooling-off Period as set out below. After the expiry of the Cooling-off Period you may terminate your contract upon sufficient notice, as set out below, but the earliest effective date will be the end of the Minimum Contractual Term. Advance payment from you will be due on a monthly basis throughout the duration of the Minimum Contractual Term as set out in the booking form.

8.6 The “Cooling-off Period” is a period of 7 days starting on the day after the Commencement Date. You may terminate the contract during this period but only upon written notice with confirmation by a receipt [by emailing Commercial Director Richard Green on richard@bullseyehub.com] and subject to the following conditions:

8.7 You are deemed to have waived your right to termination within the Cooling-Off Period if you do any of the following within the Cooling-Off Period:

8.8 Where you have effectively terminated the Services within the Cooling-Off Period we reserve the right to charge you an administration fee for any customer service or training provided to you within the Cooling-Off Period.

8.9 Following the expiry of the Minimum Contractual Term this contract shall continue on a month to month rolling basis. Each new monthly period shall commence on the same day (or the closest day) of the month as the Commencement Date and terminate on that same day in the following month. At the beginning of each new monthly period you will be contractually bound to pay for that monthly period and will be billed accordingly.

8.10 Notice of termination must be given at least 30 days prior to the intended termination date. Upon serving notice of termination you will remain contractually bound to pay us until the end of the calendar month in which the termination period expires.

8.11 Such notice shall only be effective upon payment of the outstanding balance due (calculated on a pro rata basis). We will do our best to provide this information to you within 3 working days of a request.

8.12 Any termination of your client membership account or the Services will not affect liability previously incurred by either you or us to the other.

9. Privacy Policy

9.1 Any distinct or personal information that we collect from you will only be used by us in accordance with our Privacy Policy, which forms part of these Terms of Use.

9.2 The Services may contain links to other sites that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage you to be aware of the need to read the privacy statements of each and every other web site that collects identifiable information. Our Privacy Policy applies only to information collected as part of the Services we provide.

10. Disputes and law

10.1 We will try to solve any disagreements quickly and efficiently.

10.2 These Terms of Use and the agreement between you and us are governed by English law and you and we both agree to submit to the non-exclusive jurisdiction of the English courts.

11. Access outside the UK

11.1 We cannot guarantee that the Services comply with all foreign and local laws and requirements outside the United Kingdom.

12. General

12.1 If any part of these Terms of Use is found by a court to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

12.2 If you breach these Terms of Use and we ignore this, we will still be entitled to enforce all these terms at a later date or in any other situation where you breach the Terms of Use.

12.3 These Terms of Use and the agreement between you and us for the provision of the Services are only available in the English language.

13. Customer Services

The Services are provided by Spoonfed Media Ltd, a company registered in England and Wales with company registration number 05771272.