Terms and Conditions

1. ACCEPTANCE OF PROMOTIONAL.TV TERMS

Welcome to Promotional.tv, operated by Tancia Ltd. (also referred to as “we”, or “us/our”). By using the Services on, or through this site (www.promotional.tv), you are agreeing to the Terms of Service (“TOS”), listed below. We reserve the right to update, change or modify any part of these terms at any time; you can find the most recent version of these terms located on this page. In these TOS, “You”, means the individual using the Promotional.tv Services; “Trade Supplier(s)” refers to companies that supply promotional goods to the trade market only; “(Promotional Goods) Distributors” are suppliers who sell promotional goods direct to the public market and “End User” refers to the end of chain customer who buys and makes use of the promotional product(s).

If you have any questions or concerns regarding these TOS, please contact us and we will endeavour to help you. Please do not use this website or Services (as detailed below), until you are satisfied you fully understand and agree with these terms.

2. THE PROMOTIONAL.TV SERVICE

The Promotional.tv Service is comprised of (i) the Promotional.tv website, currently located at www.promotional.tv (and/or any additional website(s) owned or operated by Promotional.tv; (ii) the Promotional.tv Trade Suppliers network to the extent provided by us, for example, when we make videos available to third party websites and Services (ie; through embedded players); (iii) the servers operated by, or on behalf of Promotional.tv and (iv) any other Services and/or technology that Promotional.tv provides to it’s users.

The Service provides functionality that allows our verified Trade Suppliers, to upload Content that is applicable to the theme and terms of our website and may include approved information, text, images, audio and video Content. The Promotional.tv Service may be distributed through any media format, channel and/or via any media device. The Promotional.tv Service allows you to make Content and other material available to other users of the Promotional.tv Service. All audio-visual Content made available by third party users is referred to as “User Video Content” and includes audio-visual display (ie: video), that may be uploaded to our website. Unless stated otherwise, “Content” will include all video material on this site, including “User Video Content”. You agree that the extended use of your User Video Content in regard to other Distributor(s) sites, remains solely at your discretion and that Promotional.tv will not be held responsible in any way either to you or any third parties for enquiries dealing with such matters on your behalf.

When requesting our Services and Content to promote a Distributor website, you will be required to register with our website and await approval before being granted a license to show our Content on your own website(s). You agree that you will abide by the TOS fully and understand that any deviation from the specific terms could result in immediate termination of your account and all associated data, without any warning or refund of any kind and that Promotional.tv cannot be held liable to you or any third party for such action. You agree and understand that Promotional.tv cannot be held responsible for the actions of any other Trade Supplier who has provided additional User Video Content to the Services and either withdrawn, modified or in any other way changed their status without notice and will not be liable to either you or any third party in the case of such an event. You hereby acknowledge that Promotional.tv has no overall control over such site(s) and as such, has no control over the availability or Content of these site(s). You further acknowledge and agree that Promotional.tv, shall in no way be responsible or liable for any loss of Content, either directly or indirectly, for any damage or loss caused (or alleged to be caused) in connection with reliance on such Content or Services.

3. USE OF SERVICES

By accessing the Promotional.tv website and it’s Content’s, you are acknowledging and agreeing that you have read, understood and agree to be legally bound by and abide by these TOS and that you have the right, authority, capacity and authorisation, to enter into this agreement either for yourself, or on behalf of another person or entity. You agree that when enquiring about the promotional good featured on our Content, your order(s) and details(s) may be directed through a member of our distributor network.

We reserve the right, at any time, to (a) modify or discontinue some or all of the Services, including but not limited to (i) restricting time Content is available, (ii) restricting/limiting Service(s) use, (iii) restricting the amount of use of Service(s) and (iv) restricting or terminating any users right to use these Services either with, or without notice; (b) charge fees in connection with the use of the Services or Content on, or connected with this site; (c) modify and/or waive all fees charged in connection with the Services and/or Content or (d) offer opportunities to some or all of our users. You hereby agree that neither Promotional.tv, nor any of it’s members, providing Content, will be liable to you or to any third party, for any modification, suspension or discontinuance of the Services, in whole or in part, or of any Service, Content, or feature offered via the Services. By continuing to use our Services after a change, update or modification to these TOS, constitutes your agreement and acceptance of these terms.

4. REGISTRATION

Registration is not currently required to view most of the Content available via the Promotional.tv website. However, if you are a Trade Supplier who wishes to upload User Video Content, or a Promotional Goods Distributor who wishes to link to the Content on our website for the purposes of promotion, you will be required to register via our moderated approval system. We reserve the right to refuse or replace any username if it is viewed as offensive in any way, or violates any intellectual rights. Please note; your user name may be viewed by the public users of the website and so should not be deemed as private or personal in any way. By registering your details with Promotional.tv, you are agreeing to provide accurate and true information that is not misleading or offensive in any way.

By registering with Promotional.tv, you are agreeing that you alone are fully responsible for maintaining the confidentiality of any password(s) you may use to access our Content or Service(s) and agree not to disclose these to any third parties. You will remain solely responsible for any and all activity that occurs in connection with your user name and/or password and agree to notify us immediately if your account is subject to any breach of security or unauthorised access by a third party. Promotional.tv will not be held liable for any loss or damage arising from your failure to comply with any of these obligations.

5. USER VIDEO CONTENT

When uploading publicly accessible User Video Content, you retain all rights and agree to be solely responsible for, all Content, whether created by, or for you. You hereby acknowledge that all information, data, text, music, sound, photographs, graphics, video, messages and other materials (“Content”), are the sole responsibility of the originator. This means that you, not Promotional.tv, are fully responsible for the data you upload, post or otherwise transmit via our Services. You agree that all User Video Content must conform to our specific regulations on subject matter which is currently limited to promotional product videos or general promotion videos on a similar, relevant, subject matter (ie; promotional advertising stating the benefits of using promotional good(s) within your business.

You agree not to use this Service for, or submit User Video Content that contains; (a) any unlawful, pornographic, infringing, hate-related, violent, vulgar, defamatory, abusive, harassing, tortuous, harmful, libellous, obscene, threatening or illegal content; (b) anything that is invasive of another person’s privacy, or to encourage or supply material that is hateful including but not limited to, the following means; racially, ethically or otherwise objectionable; (c) anything that would harm minors in any way; (d) impersonating any person or entity, or misrepresenting your affiliation with another person or entity; (e) to forge headers or otherwise manipulate the origins of Content uploaded to the website; (f) uploading or transmitting Content that infringes any copyright or other right(s) of another party; (g) spreading unsolicited or unauthorised advertising materials of any kind, including but not limited to; junk mail, chain letters, pyramid schemes, self promotion and spam; (h) uploading software viruses or other programs designed to damage the functionality of any software or hardware computer equipment; (i) soliciting other users of the Promotional.tv website to join, or become members of any other online, or other service.

Promotional.tv will not be held responsible for any errors, copyright issues or omissions in any User Video Content, or for loss or damage of any kind incurred as a result of uploading or transmitting data via our Services. All uploads via our Service will be held for moderation and will not be published until they have been approved by Promotional.tv. By using our uploading Service, you agree that your data will contain no advertising of any sort; no branding of the supplier via company name, distributor name, or other format are to be included with the exception of brand name(s) of the product(s) that are the subject of the video. For further technical upload specifications, please refer to our User Video Content “Uploads Specification Guide”.

By submitting User Video Content, you hereby grant Promotional.tv and it’s affiliates and end users, a worldwide, non exclusive license to use, copy, transmit, publicly perform and display your videos, or any portion thereof, in or through any medium of any kind, including access to view the Content on our website(s). When you remove or delete your Content from our Services, the license you granted to Promotional.tv, it’s affiliates and end users, will be terminated within a commercially reasonable time.

Although this is currently offered as a complimentary Service to our approved Trade Suppliers (for a period of one year from the date of initial upload), we reserve the right to make a charge for uploading Content at any given time either with, or without further warning.

6. TERMINATION

Promotional.tv reserves the right to instantly terminate your membership, without further warning or refund and refuse all or any current or future uses of the site and/or Service(s) as well as removing and discarding any or all Content within the Services for any reason, including but not limited to; (i) violating the TOS; (ii) acting inconsistently with regards to the spirit of the TOS. You agree and understand that Promotional.tv may deactivate and delete your account and all associated Content and that Promotional.tv will not be held liable by you or any third parties for termination of your account or limitations to further access.

7. INTERNATIONAL USE

Recognising the global nature of the internet, you agree to comply with all local rules and regulations regarding online conduct and acceptable Content. Yo agree to comply with all applicable laws governing the transmission of technical data exported from the United Kingdom, the United States and the Country in which you reside (if different from the aforementioned).

8. NO RESALE OF SERVICE

You agree not to reproduce, copy, sell,duplicate, resell or exploit for any commercial purpose, any portion, use, or access of the Services.

9. PRIVACY POLICY

Please read the Privacy Policy carefully for disclosures to the collection and use of your personal information. The Privacy Policy, is incorporated by reference and made part of these TOS. Your use of the Promotional.tv Service is subject to your acceptance of these TOS; which includes the Privacy Policy.

10. LINKS

Recognising the nature of Services providing by Promotional.tv , it is understood that this website may provide link(s) to other external website(s) or resources. You hereby acknowledge that Promotional.tv has no overall control over such site(s) and as such, has no control over the availability or Content of these site(s). You further acknowledge and agree that Promotional.tv, shall in no way be responsible or liable for any loss of Content, either directly or indirectly, for any damage or loss caused (or alleged to be caused) in connection with reliance on such Content or Services.

11. WAIVER

By uploading Content to this site, you waive the right to make any claim against Promotional.tv or any of it’s subsidiaries, partners, successors, associated businesses, assigns, contractors, employees, agents, directors, officers, distributors or suppliers related to the submission, including but not limited to; unfair competition, intellectual property infringement, breach of confidentiality, negligence and all moral rights

12. DISCLAIMERS & LIABILITY

PROMOTIONAL.TV AND IT’S SERVICE PROVIDERS PROVIDE A PROFESSIONAL SERVICE WHICH IS WELL MAINTAINED. HOWEVER, PROMOTIONAL.TV AND IT’S SERVICE PROVIDERS ARE NOT RESPONSIBLE FOR ANY FAILURES OR PROBLEMS ASSOCIATED WITH THE SERVICE, INCLUDING BUT NOT LIMITED TO; CONSEQUENTIAL OR EXEMPLARY DAMAGES AND (ALLEGED) LOST PROFITS THAT MAY RESULT FROM SUCH FAILURES OR DEFECTS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PROMOTIONAL.TV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGED), RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE PROMOTIONAL.TV SITE AND/OR ITS SERVICE(S); (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTRED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES OR OPERATION OF THE PROMOTIONAL.TV WEBSITE. IN NO EVENT SHALL PROMOTIONAL,TV’S TOTALY LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE PROMOTIONAL.TV SITE.

PROMOTIONAL.TV MAKES NO REPRESENTATION, WARRANTY OR ASSURANCE TO YOU THAT THE PROMOTIONAL.TV SERVICE WILL BE ERROR-FREE OR PERFORM IN ACCORDANCE WITH ANY PARTICULAR STANDARD, LEVEL OR METRIC. YOU ALSO ACKNOWLEDGE AND AGREE THAT THE PROMOTIONAL.TV SERVICE DOES, IN PART, RELY ON THIRD PARTY USER VIDEO CONTENT FOR CERTAIN SERVICES; PROMOTIONAL.TV MAKES NO REPRESENTATION OR WARRANTY TO YOU THAT SUCH CONTENT WILL BE ERROR FREE; ACCOMPLISH THE SPECIFIED INTENT OR BE LIABLE FOR ANY FAILURE THEREOF TO YOU OR ANY THIRD PARTY. YOU ALSO AGREE THAT TECHNOLOGY MAY EXIST OR BE DEVELOPED TO COPY, DOWNLOAD OR OTHERWISE AQUIRE YOUR VIDEO CONTENT WITHOUT YOUR AND/OR PROMOTIONAL.TV’S KNOWLEDGE AND/OR AUTHORISATION INCLUDING, WITHOUT LIMITATION, VIDEO CONTENT DELIVERED THROUGH STREAMING TECHNOLOGY. FURTHER, PROMOTIONAL.TV DOES NOT ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTIES THROUGH THE PROMOTIONAL.TV SERVICE. WE WILL NOT BE A PARTY TO, OR IN ANY WAY RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WITH RESPECT THERETO.

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS ONLY UNLESS OTHERWISE SPECIFICALLY PROVIDED IN THESE TOS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PROMOTIONAL,TV EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND OTHER AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO; WARRANTIES OF MERCHANTABILITY, ACCURACY OR COMPLETENESS; AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES VIA THE PROMOTIONAL.TV SERVICE (EXCEPT AS MAY BE SET FORTH IN ANY LICENSE OR OTHER AGREEMENT RELATED TO THOSE PRODUCTS OR SERVICES) OR OTHERWISE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PROMOTIONAL.TV OR FROM THE SERVICE SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THE TOS.

YOU AGREE THAT REGARDLESS OF ANY LAW OR STATUE TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE OF THESE TOS MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. NOTHING IN THESE TOS WILL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER.

SOME JURISDICTIONS RESTRICT THE LIMITATION OF LIABILITY OR DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, SOME OF THE ABOVE TERMS MAY NOT APPLY TO YOU.

13. NOTICE

By using the Services, you consent to receive from Promotional.tv, all communications including but not limited to, notices, agreements and legally required disclosures, made either via email or regular mail. The Services may also provide notice of changes to the TOS by displaying notices or links to notices to you generally on the Services.

14. COPYRIGHT & TRADEMARKS

Promotional.tv respects the intellectual property of others and we ask our users to do the same. Promotional.tv may, at it’s discretion, terminate the accounts of users who infringe the intellectual property rights of others and will remove infringing materials in accordance with the Digital Millennium Copyright Act if properly notified that Content infringes copyright. Our DMCA notifications page and further information regarding our copyright policy can be found here and is hereby, incorporated into these TOS.

15. GENERAL INFORMATION

if you do not accept all of the terms and conditions set forth in these TOS, you are not entitled to access or use the Promotional.tv Services(s). These TOS (including there guides and rules referred to therein), constitute the entire agreement between you and Promotional.tv and governs your use of the Services, superseding any or all prior agreements between you and Promotional.tv. Please note you may also be subject to additional terms and conditions that may apply when you use third party Content. The TOS and the relationship between you and Promotional.tv shall be governed by the laws of England. Both you and Promotional.tv agree to submit to the exclusive jurisdiction of the English courts.

Any failure by Promotional.tv to enforce any provision of the TOS does not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision and the other provisions of the TOS remain in full force.

Neither you, or Promotional.tv may assign or transfer any rights or obligations under these TOS without the prior written consent of the other party, except that Promotional.tv shall be entitled to assign or transfer any or all of it’s rights and obligations (without your prior consent) to any of it’s affiliated companies.

These TOS were last updated on 25/10/10.