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Terms of use
By accessing and using this service, you accept and agree to be bound by the terms and provision of this agreement. In addition, when using these particular services, you shall be subject to any posted guidelines or rules applicable to such services. Any participation in this service will constitute acceptance of this agreement.
Restrictions and responsibilities
- Customer will use the Magellan service only in compliance with standard published policies then in effect all applicable lawsand regulations.
- Company shall only be responsible for the security of its proprietary systems and for the security of Customer information maintained on Company’s proprietary systems to Company.
- Customer shall not knowingly: (i) enter, store or transmit any infringing, libelous, or otherwise unlawful or tortious information or material or transmit information or material in violation of third party privacy or other rights, in all such cases within, through, to, or using the Services, (ii) enter, store or transmit viruses, worms, or other malicious code within, through, to or using the Services, (iii) interfere with or disrupt the performance of the Services, (iv) use the Services to send or distribute spam or abusive or excessive emails, messages or other communications, or (v) use any robot, spider, automated site search/retrieval application, or other automated device to retrieve or index any portion of the Services or collect information for any unauthorized purpose.
- Customer may not use the Services in any manner or for any purpose other than as permitted by this Agreement. Customer shall not and shall not attempt to (and shall have no rights to): (a) modify, alter, tamper with, repair, or otherwise create derivative works of any software included in the Services (except to the extent software included in the Services are provided to Customer under a separate agreement that expressly permits the creation of derivative works or as otherwise provided herein), (b) reverse engineer, disassemble, or decompile the Services or apply any other process or procedure to derive the source code included in the Services, (c) access or use the services in a way exceeding or violating usage, storage, capacity or other limits, quotas or restrictions that are defined herein, or (d) distribute, lease or sublicense the Services or provide any third party access to the Services.
- Notwithstanding any other terms set forth herein, Company grants Customer the worldwide, non-exclusive right to access and use the Services described in the Order Form during the Term. Company specifically authorizes and grants Customer the perpetual, worldwide rights and fully paid right to use the Compiled Data internally and in connection with its client work.
Confidentiality, Proprietary rights
Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of Company includes non-public information regarding features, functionality, and performance of the Service. Proprietary Information of Customer includes non-public data provided by Customer to Company to enable the provision of the Services (“Customer Data”). The Receiving Party agrees: (i) to takereasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or asotherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply to any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b)was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party or (e) is required to be disclosed to a court, governmental or regulatory agency, stock exchange or similar body, or as otherwise required by law, provided that Receiving Party shall promptly notify the Disclosing Party thereof prior to disclosure so that the Disclosing Party may, if it chooses to do so at its sole cost and expense, seek an appropriate protective order.
Customer shall own all right, title and interest in and to the Customer Data. In addition to Customer Data defined above, Customer Data shall also include any data originating from Customer and inputs into the Services, and any other data derived from such Customer Data.
Company shall own and retain all right, title and interest in and to (a) the Services, Compiled Data, and software, all improvements, enhancements or modifications thereto, and (b) all intellectual property rights related to any of the foregoing, and the Services and software as described in the foregoing subsection (a). Customer shall own all rights to anysoftware, applications, inventions or other technology developed in connection with Implementation Services or support.
Support Terms
Company will provide Technical Support to Customer via both telephone and electronic mail on weekdays during the hours of 9:30 amthrough 5:00 pm GMT, with the exclusion of Public Holidays (“Support Hours”).
Customer may initiate a helpdesk ticket during Support Hours by by emailing Magellanhelp@saatchi.co.uk
Company will use commercially reasonable efforts to respond to all Helpdesk requests within one (1) business day.