The following Terms and Conditions govern your access to and use of Mediabank (the services).
Access to the services
By accessing our services, you confirm to have read and agreed to these Terms and Conditions. You also agree to comply with all applicable third-party agreements, third party rights, laws and regulations, including national and foreign patent, trademark, service mark and copyright laws. If you do not agree to these Terms and Conditions, please do not use our services.
Your access, right and the terms and conditions relating to the use of our services are governed by and always subject to the service agreement executed between your organization and NEP. By accessing our services, you confirm to have received information and understood all relevant terms of use, limitations and charges applicable to our services.
You have been enabled access to our services only in capacity as a representative of your organization and only for the purpose of acting on behalf of your organization. This means that the services may not be used to serve any of your private or other purposes.
System Requirements and Responsibility
To use the services, you must have a personal computer or other eligible communication device equipped with Internet access. You are responsible for the selection, installation, maintenance, and operation of your computer, devices and software. Neither NEP nor any of its affiliates is responsible for any errors, failures, or malfunctions of your computer or software. You are responsible for ensuring that your computer and software are compatible with the services. NEP reserves the right to change the system requirements for using the services.
Using the services
You agree that you will not use the services in any manner that could damage or overburden any Content (as defined below), equipment, software or services of NEP or any of its affiliates. You may not use any means of systematic retrieval of data or other content from the services. You may not obtain, or attempt to obtain, access to any content, material or information contained by the services that is protected by passwords, personal identification numbers or other required login identification through any means. You may not expose the services or any related website to penetration tests, vulnerability tests or stress tests.
You undertake to protect your login user credentials and keep them safe against theft or other third party access and not to allow any third party to access the services by using your personal credentials.
NEP may at any time and without prior notice, disable you from using the services in total or part. You are referred to address any matters arising thereof to your organization.
Proprietary Rights
All legal and beneficial rights, title, and interest and all Intellectual Property Rights in or relating to our services anywhere in the world vests in NEP and/or NEP's licensors.
The term "Intellectual Property Rights" means any invention, patent or application for a patent, design (registered or unregistered), trademark (registered or unregistered), name, copyright, rights in software, database rights, rights in circuit layout, trade secret, know-how, proprietary information or other industrial or intellectual property right in respect of any invention, information, process, work, material or method.
You agree that you will not use any Intellectual Property Rights in any way that would be inconsistent with or in violation of such rights, trademarks and other proprietary rights.
Third Party Content
By accessing the services, you confirm that you have understood that any rights pertaining to Content made available to you while using the services vests in third parties.
The term "Content" means any materials in any type, form or format, whether processed or enriched or not, including but not limited to audio and video materials.
By accessing the services, you expressively warrant and undertake not in any way or by any manner to retain, make copies of, store, distribute, share, publish, broadcast or in other ways or by other means process or transfer Content to serve any other purpose than what is explicitly agreed between your organization and third parties.
Disclaimer and Limitation of Liability
THE SERVICES AND ALL OF THE CONTENT AND MATERIALS ASSOCIATED WITH THE SERVICES IS PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXPRESSLY DISCLAIMED.
NEITHER NEP NOR ANY OF ITS AFFILIATES NOR ANY OF ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS OR THIRD-PARTY SERVICE PROVIDERS WILL BE LIABLE OR RESPONSIBLE TO YOU OR ANYONE ELSE FOR ANY LOSSES, INJURIES, DAMAGES, COSTS, EXPENSES OR CLAIMS CAUSED BY, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF NEP AND ITS AFFILIATES ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Neither NEP nor any of its affiliates nor any of its and their officers, directors, employees, agents, consultants, licensors and third-party service providers assume any responsibility or have any liability for the consequences of any intentional or unintentional error, omission, inaccuracy, incompleteness or untimeliness in or with respect to any of the content, information and materials associated with the services.
Personal Data
Personal data will be processed in line with NEP's privacy policy subject of your consent of the terms and conditions set out therein.
NEP’s privacy policy is accessible under: https://www.nepgroup.com/privacy-policy .
YouTube API Services
By using Mediabank services, you also agree to be bound by the YouTube Terms of Service (available at https://www.youtube.com/t/terms).
The Mediabank SoMe features are leveraging the YouTube API for publishing content automatically to the user’s YouTube page. Data is stored for reporting M-Box usage, and to ease login with frequent use.
No data or user information is shared with other parties.
The YouTube API terms of service are available under: https://developers.google.com/youtube/terms/api-services-terms-of-service.
YouTube is a service subject to the Google privacy policy: https://policies.google.com/privacy?hl=en-US.
Users can revoke access for Mediabank to their YouTube account through the Google security settings: https://security.google.com/settings/security/permissions.
Changes to the Terms and Conditions
NEP reserves the right to revise these Terms and Conditions at any time without prior notice. Each time you visit the services, you will be bound by these Terms and Conditions as they are available at the time you are using the services. You should check these Terms and Conditions periodically as you use the services to make certain you are aware of the most current Terms and Conditions.
Violations of Terms and Conditions
NEP and its affiliates reserve the right to seek all remedies available at law and in equity for any violations of these Terms and Conditions, including the right to block access from the services.
Governing Law
These Terms and Conditions and your use of the services are governed by and will be construed in accordance with the laws of Norway without giving effect to any principles of conflicts of laws.