TRADE AND PRESS EXTRANET
IMPORTANT LEGAL NOTICE
These Terms and Conditions of Use (“TCU”) together with all terms, conditions, policies and notices contained in or referred to in them govern all use of the Eidos Trade and Press Extranet at http://www.eidospress.com (“the Extranet”) and the materials, information and services made available on the Extranet and together constitute an agreement between the Media Partner and Eidos Interactive Limited (“Eidos”).
THE USE BY THE MEDIA PARTNER (OR THEIR AUTHORISED PERSONNEL) OF THE EXTRANET AND ALL MATERIALS, INFORMATION AND SERVICES THEREON IS CONDITIONAL UPON ACCEPTANCE OF ALL THESE TCU WITHOUT MODIFICATION BY CLICKING “AGREED” BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TCU YOU SHOULD SELECT “DECLINED”, CANCEL THE REGISTRATION PROCESS AND NOT USE THE EXTRANET.
These TCU were last modified on 17 August 2004. Eidos reserves the right to modify these TCU without notice. A copy of the latest version of these TCU and Privacy Statement will be posted at [http://www.eidospress.com/***] and can be viewed by clicking on the hypertext link at the bottom of our web pages on the Extranet. The continued use of the Extranet by Media Partners and their Authorised Personnel shall constitute acceptance of any updated TCU.
1. THE EXTRANET
The Extranet is an official website of Eidos, a wholly owned subsidiary of Eidos plc. The Extranet and all intellectual property rights (including but not limited to rights in the Extranet as a database or collection of independent databases) in its design, text, graphics, music, audio and the selection and arrangement thereof belong to Eidos or its respective licensors. The trade marks, logos, and trade names depicted in the Extranet website are proprietary to Eidos, its affiliates and other third party licensors.
All intellectual property and other rights and licences not expressly granted under these TCU are reserved by Eidos and its licensors absolutely.
All technical or other queries and complaints in connection with the Extranet should, unless otherwise specified, be sent to the following contact address:
Eidos Interactive Ltd
Wimbledon Bridge House
1 Hartfield Road
Wimbledon
London SW19 3 RU
for the attention of: Christophe Taddie
Christophet@eidos.co.uk
2. PURPOSE OF EXTRANET
Eidos maintains the Extranet for the purpose of:
(i)providing promotional and other information about Eidos’ computer game portfolio including, but not limited to, information concerning release dates, sales, reviews, game features and content and formats (“Product Information”); and
(ii)making available certain image files (which may, for example, comprise screenshots, logos, packaging and other advertising or promotional materials) (“Eidos Assets”) for download and use by Media Partners subject to these TCU.
The Extranet is not available to consumers or to the general public. Access is restricted to Media Partners and their Authorised Personnel who, following acceptance of their registration application, are permitted to activate their account and use the Extranet.
3. MEDIA PARTNERS AND ELIGIBILITY
A Media Partner is a legal entity which has been approved as a Media Partner by Eidos following completion of the online registration process. Without prejudice to Eidos’ absolute discretion as to whether or not to approve a prospective Media Partner, a Media Partner must either be involved in:
(a) the promotion, advertising, distribution and/or sale of Eidos-related products or services (including, for example, retailers, media agencies and public relations consultancies);
(b) the creation of promotional materials for Eidos games (such as advertising and other design agencies (“Creative Agencies”); or
(b) the publication of trade, newspaper, magazine or other news-reporting press publications and the writing of features and articles therefore (“Press”).
Following completion of the online registration process and acceptance of these TCU, Eidos will determine the applicant’s eligibility for Extranet access. If approved, Eidos will activate an account in the name of the Media Partner and send the Media Partner an email to the email address given in the registration process confirming that the Media Partner and its Authorised Personnel may have access to the Extranet subject to these TCU and activation of their account.
4. AUTHORISED PERSONNEL
Once Eidos has accepted the registration of a Media Partner, individual personnel authorised by the Media Partner will be able to register for access to the Extranet subject to the conditions set out below ( each being “Authorised Persons”). Eidos shall not be obliged to make any enquiries of the Media Partner to verify that any of its personnel who register on the Extranet are authorised by the Media Partner to do so.
Media Partner agrees that Media Partner and each of its Authorised Persons will access and use the Extranet solely in accordance with the terms and conditions of these TCU. Eidos reserves the right to terminate or suspend access to and use of the Extranet by Media Partner and/or any of its Authorised Persons at any time, without notice and without reason.
Before designating any employee of Media Partner as an Authorised Person, Media Partner agrees to inform each Authorised Person that their use of the Extranet is subject to these TCU and that their access will be allowed only upon their agreeing to these TCU. Media Partner is responsible for the conduct of each of its Authorised Persons while using the Extranet, and for any consequences if such persons misuse the Extranet, or otherwise breach or cause Media Partner to breach these TCU.
Each Authorised Person agrees that by completing the online registration process and using the Extranet:
(a) it does so exclusively for the benefit of, and on behalf of, the Media Partner by whom it is employed and agrees to abide by and comply with all of the terms and conditions of these TCU and otherwise not to do anything which would cause the Media Partner to be in breach of these TCU;
(b) it agrees to the collection and use by Eidos of any personal data relating to such individual in accordance with the Eidos Privacy Statement; and
(c) immediately upon it ceasing to be employed by the Media Partner the Authorised Person will cease all use of the Extranet.
Authorised Persons shall cease to be entitled to use the Extranet immediately upon their ceasing to be employed by the Media Partner and Media Partner will promptly notify Eidos upon any Authorised Personnel ceasing to be so employed.
5. PASSWORDS, ACCOUNTS AND SECURITY
All registrants for the Extranet warrant to Eidos that in completing the registration process they have provided current, complete and accurate information. Media Partners and Authorised Persons are entirely responsible for maintaining the confidentiality of their password and account.
Eidos has no responsibility for activities under accounts. Media Partners and Authorised Persons agree to notify Eidos immediately of any unauthorised use of their account or other breach of any security which may mean any user name or password used in connection with the use of the Extranet has been disclosed or otherwise obtained by a third party. Eidos is not liable for any loss or damage that is suffered or incurred by any Media Partner, Authorised Person or other person as a result of a third party using a password or account, whether with knowledge or not. Media Partners are, however, liable to indemnify and keep indemnified Eidos on demand for any cost, expense, loss or damage suffered or incurred by Eidos or a third party due to an unauthorised person using an account or password.
6. LIMITED LICENCE AND RESTRICTIONS
All Product Information and Eidos Assets on the Extranet may only be used, downloaded and reproduced for the following specific purposes and subject to the terms and conditions specified below:
(a) Press Use
Media Partners in the Press may use Product Information and reproduce Eidos Assets solely in connection with the writing of features and articles which promote or otherwise review a particular computer game of Eidos to which the Product Information and Eidos Assets relate;
(b) Creative Use
Creative Agencies may use and reproduce Eidos Assets solely in connection with the development of advertising copy and other promotional materials in connection with a game to which the relevant Eidos Assets relate;
(c) Retail Use
Media Partners may use and reproduce Product Information and Eidos Assets in catalogues, point of sale and other in-store promotional material, print and other advertisements relating to the promotion of the computer game to which the relevant Eidos Assets and Product Information relate.
The rights granted above are conditional upon compliance with the following terms, conditions and restrictions:
i. no Eidos Assets may be altered or edited in any respect without the prior written approval of Eidos;
ii. all additions to the Eidos Assets in connection with the development of any promotional or advertising materials must be approved in writing by Eidos prior to use;
iii. no copyright, trade mark or other legends, credits or other product information or text contained in any Eidos Assets may be removed or altered without Eidos’ prior written consent;
iv. where the use of an Eidos Asset is expressed to be subject to addition of any accompanying copyright or other proprietary notices or credits, such notices and credits will be provided. In addition, the reproduction of any trade marks and logos will be subject to compliance with such other usage guidelines as may be stipulated by Eidos from time to time;
v. no point of sale or other advertising or promotional material may be used unless the same has been approved in advance by Eidos in writing;
vi. no Eidos Assets may be used for, or reproduced in connection with, any sponsorship, endorsement or advertising of any third party goods or services (including but not limited as part of any software or hardware “bundle”) without the prior written consent of Eidos and subject to such additional terms and conditions as may be imposed by Eidos in connection therewith;
viii. no Eidos Assets will be distributed in any format and by any means, nor may any Information extracted from the Extranet be disclosed, to any third party without the prior written consent of Eidos; and
ix. Eidos may revoke any permission granted or consent given pursuant to these TCU immediately upon notice to the Media Partner at any time and without assigning any reason.
Save as expressly permitted above, all use, reproduction, distribution, modification, sale, licence or other commercialisation of the Eidos Assets is strictly prohibited and will constitute a violation of the intellectual property rights of Eidos and its licensors.
In addition, the rights granted under these TCU are non-exclusive and personal to the Media Partner and may not be assigned, sub-licensed or otherwise dealt with in whole or in part without the prior written consent of Eidos.
7. SOFTWARE
Any Eidos Assets comprising software made available to download from the Extranet is governed by these TCU and the terms of any end user licence agreement (“EULA”), if any, which accompanies or is included in the Software. Use or reproduction of any such Software that is accompanied by or which incorporates an EULA will not be capable of installation or use without agreement to the terms and conditions of such EULA.
8. DISCLAIMERS
The Extranet and its contents are provided “as is” and without any representation, term, condition or warranty of any kind, either express or implied (and whether implied by law, custom or otherwise) in respect of the Extranet and/or its contents (including but not limited to Product Information and Eidos Assets). Eidos disclaims all representations, terms, warranties and conditions including, but not limited to, as to availability, satisfactory quality, merchantability, fitness for a particular purpose, title and non-infringement of intellectual property rights, to the fullest extent permitted by applicable law.
In addition, Eidos excludes, to the maximum extent permitted by applicable law, any representation or warranty that the information and/or facilities accessible via the Extranet are accurate, complete or current or that the Extranet will be free of defects, viruses or other harmful elements.
All users of the Extranet assume all costs and risks arising out of their use of the Extranet.
The Extranet is controlled and operated by Eidos from its offices in London, England. Eidos excludes all representations and warranties that Eidos Assets and/or Product Information or other materials or services made available through the Extranet comply with any legal or regulatory requirements of any jurisdiction. Without prejudice to the foregoing, Eidos does not warrant or represent that any Eidos Assets made available via the Extranet comply with the laws, regulations or codes of practice in any particular jurisdiction applicable to the use thereof in any promotional or advertising materials in any jurisdiction.
9 LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, neither Eidos nor any of its directors, employees, affiliates or other representatives (together “Eidos Parties”) will be liable for any loss or damage arising out of or in connection with the use of or inability to use the materials (including but not limited to Eidos Assets) in and/or facilities or services offered through the Extranet including, but not limited, to indirect or consequential loss or damage, loss of data, income, profit, loss of or damage to property and claims of third parties, even if Eidos has been advised of the possibility of such loss or damage and/or such loss or damage was reasonably foreseeable.
In no event will the total liability of the Eidos Parties to any Media Partner (and its Authorised Persons) arising as a result of or otherwise in relation to the use of the Extranet for all claims (whether in contract, tort (including but not limited to negligence) or otherwise), damages and losses exceed the amount paid, if any, by a Media Partner for accessing and otherwise using the Extranet.
10. GOVERNING LAW
These TCU shall be governed by, and construed in accordance with the laws of England and Wales. Any dispute arising under or in relation to these TCU and/or the use of the Extranet shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
11. PRIVACY STATEMENT AND USE OF INFORMATION
Please refer to the Eidos Privacy Statement for information concerning the collection and use of personal data and other information, the provisions of which form part of these TCU. By registering for the Extranet via the online registration process the registrant gives its consent to the collection and use any personal data in accordance with the provisions of the Eidos Privacy Statement.
12. MISCELLANEOUS
If any court of competent jurisdiction finds any provision of these TCU to be void, illegal or unenforceable for any reason then such provision shall be ineffective to the extent of the court’s finding without affecting the validity and enforceability of the remaining provisions.
All activities conducted by the Media Partner through its use of the Extranet are subject to the terms and conditions of any existing written agreement between Eidos and the Media Partner as supplemented by these TCU; provided, however, that in the event of any conflict between the terms of such agreements, with respect to Media Partner's activities through its use of the Extranet, these TCU shall supersede the terms of the other existing agreement unless specifically stated otherwise by Eidos.