3. Access to the Services

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3.1 The Customer may start using the Services as soon as Adstream gives the Customer access to them. The Customer can continue to use the Services and Platform for the Term unless the Customer fails to make payments of any Adstream invoices.

3.2 The Customer must not cause or permit any unauthorised third-party access to or use of the Platform or the Adstream Site and must immediately notify Adstream on becoming aware of any unauthorised use or copying of Adstream Intellectual Property Rights.

3.3 The Customer shall ensure that each of its Users adhere to the terms of the End User Agreement and shall defend, indemnify and hold harmless Adstream against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with:

  • 3.3.1 the Customer’s breach of clause 3.2;
  • 3.3.2 User’s use of the Services and/or Platform; and
  • 3.3.3 a User’s breach of the End User Agreement.

3.4 The customer must not:

  • 3.4.1 make a copy of any of the Adstream Materials;
  • 3.4.2 modify any of the Adstream Materials or combine or incorporate any of the Adstream Intellectual Property Rights in any other program or system (although Customer agrees to assign to Adstream all right, title and interest in such modifications or combinations and Adstream owns all right, title and interest in any such modifications or combinations);
  • 3.4.3 reverse engineer any of the Adstream Materials or separate any of the Adstream Materials into component parts; or
  • 3.4.4 cause or permit any third party to use, copy or install any of the Adstream Materials, save as expressly permitted under the Products Terms.

3.5 Other than expressly stated otherwise in these Conditions, the Customer acknowledges that it is the Customer’s sole responsibility to determine that the Services meet the Customer’s business requirements and, to the fullest extent permissible by law and without limitation, Adtsream gives no warranties that the Service will be fit for purpose, of satisfactory quality, uninterrupted or error free save where expressly set out in the Agreement.

Contents{/a}
Definitions{/a}
1. Interpretation{/a}
2. Overriding Provisions{/a}
3. Access to the Services{/a}
4. Payment of Charges, VAT & Withholding Taxes{/a}
5. Warranties{/a}
6. Confidentiality{/a}
7. Customer Data and Information Security{/a}
8. Intellectual Property{/a}
9. Term And Termination{/a}
10. Consequences of Termination and Expiry{/a}
11. Acknowledgements, Liability and Indemnities{/a}
12. Force Majeure{/a}
13. Data Protection{/a}
14. Transfer and Sub-Contracting{/a}
15. The Contracts (Rights of Third Parties) Act 1999{/a}
16. Dispute Resolution{/a}
17. Waiver and Severability{/a}
18. Previous Terms and Conditions{/a}
19. Entire Agreement and Variation{/a}
20. Notices{/a}
21. Youtube{/a}
22. Law and Jurisdiction{/a}

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