Welcome to the Portwest Media Hub, by Portwest Unlimited Company (referred to as “Portwest”, “we”, “us” or “our”). These Terms of Use provide information and services to Portwest Customers (“you”, “your”, “Users”) on how materials on the Portwest Media Hub (the Materials) may be used.
General
You acknowledge that these Terms of Use govern your use of the Portwest Marketing Hub and the Materials. Your access to the Media Hub in any way is evidence of your acceptance of these Terms, before using the Media Hub, please carefully read these Terms. If you do not agree to these Terms, please do not use or access the Portwest Media Hub.
Portwest reserves the right, in its sole discretion, to modify these Terms at any time effective upon posting of the modified Terms on the Portwest Media Hub, without notice to you. Portwest reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Portwest Media Hub (or any part thereof). Portwest shall not be liable to any User or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
As described below, Users who violate the Terms may be banned permanently from accessing this Media Hub.
Your Privacy and Personal Information
You can view the Portwest Privacy Statement by clicking on the Privacy link on the Portwest home page. Your access to the Portwest Media Hub in any way is evidence of your agreement to the applicable Portwest Privacy Statement, and any changes published by Portwest. You agree that Portwest may use and maintain your data according to the Portwest Privacy Statement.
Access to the Portwest Media Hub
Portwest grants you permission to access and use the Portwest Media Hub for your commercial use. By using the Portwest Media Hub, you warrant to Portwest that you will not use the Portwest Media Hub, or any of the Materials, for any purpose that brings Portwest into disrepute, breaches any laws or regulations relating to economic or financial, trade, immigration, aircraft, shipping or other sanctions, export controls, trade embargoes or restrictive measures from time to time imposed, administered or enforced by a sanctions authority, is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the Media Hub automatically terminates.
Free Content License Terms
To the extent permitted by our licensors if any, Portwest grants you a non-exclusive, limited, royalty-free, non-sublicenseable, non-transferable license to downloadable certain content, made available on the Portwest Media Hub, which is subject to the following condition and to your contractual agreement to refrain from using any materials from the Portwest Media Hub beyond the scope of this license:
Termination The license granted herein may be terminated by Portwest immediately and without notice if we determine, in our reasonable discretion, that you are inappropriately using Materials published on the Portwest Media Hub, or you fail to comply with any other term or condition of these Terms. Upon termination of the license, you shall cease to use any Materials published on the Portwest Media Hub. Furthermore, you acknowledge that Portwest reserves the right to take action — technical, legal or otherwise — to block, nullify or deny your ability to access the Media Hub. You understand that Portwest may exercise this right in its sole discretion.
Miscellaneous.
The Terms are a complete statement of the agreement between you and Portwest, and set forth the entire liability of Portwest and your exclusive remedy with respect to your access and use of the Portwest Media Hub. If any provision of the Terms is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. The Terms will be governed by the laws of the Republic of Ireland as applied to agreements entered into and to be performed entirely within the Republic of Ireland, without regard to its choice of law or conflicts of law principles that would require the application of law of a different jurisdiction. The parties hereby consent to the exclusive jurisdiction and venue in the courts in the Republic of Ireland. The Terms do not limit any rights that Portwest may have under trade secret, copyright, patent or other laws. Portwest reserves the right at all times to disclose any information as Portwest deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Portwest’s sole discretion.
YOU ARE USING THE MEDIA HUB AT YOUR OWN RISK
We are not responsible for the Content on the Media Hub. Portwest reserves the right to delete, modify, suspend or discontinue, temporarily or permanently, the Portwest Media Hub, Content or any part thereof, at any time with or without notice. PORTWEST PROVIDES THE MEDIA HUB “AS IS,” WITHOUT ANY EXPRESS WARRANTIES OR REPRESENTATIONS, AND PORTWEST DISCLAIMS ANY IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL PORTWEST BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES.
PORTWEST AND ITS AFFILIATES DO NOT WARRANT THAT THE MEDIA HUB IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION, USE OF THE PORTWEST MEDIA HUB WILL BE UNINTERRUPTED OR OTHER LIMITATIONS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THE MATERIALS AVAILABLE FROM THE PORTWEST MEDIA HUB AND YOUR USE OF THE PORTWEST MEDIA HUB. PORTWEST IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY ERRORS OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY MATERIALS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PORTWEST AND AFFILIATES ARE NOT LIABLE FOR ANY DAMAGES SUFFERED BY YOU. IN ANY EVENT, PORTWEST’S TOTAL LIABILITY TO YOU FOR ANY DIRECT LOSS SUFFERED AS A RESULT OF YOUR USE OF THE CONTENT ON THE MEDIA HUB SHALL NOT EXCEED €1,000.