Thomson Website Terms & Conditions
- Most Current Terms. COMPANY reserves the right to change these Terms from time to time at its sole discretion, and Your use of the Site will be subject to the most current version posted on the Site at the time of Your use. Your use of the Site will be subject to the most current version posted on the Site at the time of access or use and any additional agreements that you may have with COMPANY as confirmed in writing.
- Site License. You may access the Site for your own use at Your own computer. COMPANY reserves the right, in its sole discretion, to revoke Your authorization to use the Site at any time and for any reason, with or without notice to You of such revocation, and You agree to immediately discontinue such use upon notice from COMPANY.
- Additional Terms for Sales of Goods/Services. You understand that You may be subject to additional terms and obligations set forth separately from these Terms with regard to the sale or transaction of goods or services through the use of the Site (i.e., "ecommerce"). Any such additional terms or obligations shall be posted or otherwise accessible through the Site or in connection with any transaction process.
- Intellectual Property. This Site is owned and operated by COMPANY. All images, metadata, text, captions, data, information, trademarks, logos accessed by You through Your use of the Site are owned by their respective owners, and may be protected by US and international copyright laws, trade dress, moral rights, and other intellectual property rights. Except as explicitly permitted under these Terms or additional written agreements with COMPANY (if any), no portion or element of this Site may be copied or retransmitted via any means and all related rights shall remain the exclusive property of their respective owners. In this regard, with respect to any goods or services featured or offered for sale through the Site, the owner of any related trademarks and logos are not necessarily owned by COMPANY. Except as expressly provided herein, neither party may use the name, trade name, trademark, domain name, or other designation of the other party in connection with any products, promotion, marketing, press release or advertising without the prior written consent of the other party.
- Site Restrictions. Unless authorized by COMPANY in writing, You may not: i) deep link or employ software or any automatic device, technology or algorithm, to "crawl", "scrape", search or monitor the Site and/or retrieve or copy any Interviews; ii) violate the mechanical restrictions of the Site, or bypass other measures employed to prevent or limit access to the Site or Interviews by hacking or other means; iii) copy, redirect, or exploit the Site; iv) probe, scan, or test the vulnerability of the Site or of the network supporting the Site, or seek information on visitors to the Site or personal information of COMPANY.s other users of the Site; or v) use any device, software or routine that would interfere with the proper functioning of the Site, or any transaction conducted via the Site.
- No Warranties. COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
- Limitation of Damages. If you are dissatisfied with the Site or these Terms, Your sole and exclusive remedy is to discontinue using the Site. You understand and agree that COMPANY shall not be responsible or liable for any loss or damage resulting from Your use of the Site. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST GOODWILL, LOST PROFITS, LOST BUSINESS OR OTHER INDIRECT ECONOMIC DAMAGES, WHETHER SUCH CLAIM IS BASED ON CONTRACT, NEGLIGENCE, TORT (INCLUDING STRICT LIABILITY) OR OTHER LEGAL THEORY, AS A RESULT OF YOUR USE OF THE SITE, OR A BREACH OF ANY WARRANTY OR ANY OTHER TERM OF THESE TERMS, AND REGARDLESS OF WHETHER COMPANY WAS ADVISED OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE, EXCEPT WITH RESPECT TO DIRECT DAMAGES RELATED TO THE SALE OF GOODS TRANSACTED DIRECTLY THROUGH THE SITE.
- Indemnity. You agree to defend, indemnify and hold COMPANY harmless from and against any and all damages, liability, loss, and claims, including attorney.s fees, resulting from Your use of the Site or any breach of Your obligations under these Terms.
- Dispute Resolution. These Terms shall be deemed to be executed and to be performed in the State of California, and shall be exclusively governed by, construed and interpreted in accordance with the laws of the State of California as to all matters, including but not limited to matters of validity, construction, effect and performance, excluding choice of law principles of such State which would require application of the laws of another jurisdiction. In the event of any controversy, claim or dispute between the parties hereto arising out of or relating to these Terms, such controversy, claim or dispute shall be tried exclusively in the courts of the State of California or in the United States Federal District Court for the Central District of California, located in the County of Los Angeles, as either party may elect. Each of the parties hereby waives any defense of lack of in personam jurisdiction, improper venue and forum non conveniens, and agrees that service of process of such court may be made upon each of them by personal delivery or by mailing certified or registered mail, return receipt requested, to the other party at the address indicated herein or as otherwise agreed to by the parties. Both parties hereby submit to the jurisdiction of the court so selected, to the exclusion of any other courts which may have had jurisdiction apart from this paragraph. If any action or proceeding is brought to enforce the terms of these Terms, the prevailing party in such action or proceeding shall be entitled to recover its costs and reasonable attorneys. fees incurred whether or not suit is prosecuted to judgment.
- Relationship of the Parties. You agree and acknowledge that the relationship of between You and COMPANY is in the nature of an independent contractor. These Terms shall not be deemed to create a partnership, joint venture or franchise, and neither of us is the other.s agent, partner, employee or representative.
- Termination. These Terms are effective until terminated by COMPANY, at any time without notice. Sections 4-8 shall survive any termination of these Terms.
- Entire Understanding. These Terms set forth the entire understandings and agreement between us with respect to the subject matter contained herein, and supersede any prior written or oral agreements or understandings. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.