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Terms of Service

Terms of Service updated 24/08/2018

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICE

Welcome to the Mylou Matrix Terms of Service provided to you by Mylou Matrix Limited (“Mylou Matrix” or “we”, "us" or "our"). We are a limited liability company registered in the UK with our registered offices at Mylou Matrix Limited, at registered office: 3 Fitzhardinge Street, London, W1H 6EF. Company number 08790965. We are committed to providing an excellent user experience and we can be contacted by email at support@MylouMatrix.com

By signing up to our services to access information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (the “Content”), or by virtue of accessing any Preview Clips as defined in clause 6.3 below via our website, a mobile application (app) on a compatible portable device or your use and access via a third party website, portal or service or third party mobile app powered by Mylou Matrix for a third party (together, the “Services”), you agree to be bound by these Terms of Service and all documents or other terms referenced in these Terms of Service. These Terms of Service (together with our Mobile and Website Terms, our Privacy Policy and our Cookies Policy) govern your use and access the Services. If you do not agree to these Terms of Service, you should not access or continue to use the Services.

Mylou Matrix reserves the right, in its sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice due to changes to our Services and /or the laws that apply to us and you (See Section 17).

IMPORTANT: Where you access the Services via a Third Party website or mobile app (“Third Party Services”), the third party’s terms and privacy policy will apply to your use of that Third Party Services, and these Terms of Service and our Privacy Policy will apply to your use of our Services.

1 REGISTERING FOR SERVICES & CHILD SUPERVISION

1.1 Registering for Services. You must be at least 18 years of age to agree to and enter into a contract on your own behalf and to register for use of the Services. If you are under 18 but at least 13 years of age, you must present these Terms of Service to your parent or legal guardian so that he or she may consent to the terms on your behalf.

1.2 Minimum Age. Children under the age of 13 may not register for the Services, and parents or legal guardians may not register on their behalf. By registering for the Services, you represent that (i) you have read, understood and agree to be bound by these Terms of Service (ii) you are at least 18 years old, either entering into this Contract for yourself or entering on behalf of your child or a child in your legal care aged 13 or over.

1.3 Full Access. If you are a parent or guardian allowing your child access to the Services you are allowing your child access to all of the Services. It is therefore your responsibility to determine which Services are appropriate for your child. Always use caution when revealing personally identifiable information about yourself or your children via any of the Services. You are fully responsible for his or her use of the Services, including all financial charges and legal liability that incurred. If you do not agree to (or cannot comply with) any of these Terms of Service, do not register and do not attempt to access the Service.

2 ACCOUNT AND PASSWORD

2.1 Setting up an account. To access most of the Services and/or download or purchase Content you will be required to sign up for an account with us.

2.2 Keeping your Password Secure. If you create an account with us to access the Services, only you may use your Mylou Matrix account and you are solely responsible for keeping your user identification code, password, or any other piece of information provided either by us or you as part of our security procedures, confidential and secure. You must not disclose your password or any such information to any third party. Further, it is a material breach of these Terms of Service to share information which provides access to the Services (including but not limited to a link to Content) with any third party. You may have a credit card or other payment method stored with Mylou Matrix and if your details are used by a third party (whether or not authorised), the third party will be able to make purchases with that payment method. You will be fully liable for any actions made with your identification code or password and in no event will Mylou Matrix be liable for any indirect or consequential loss or damage resulting from the disclosure of your identification code or password. Mylou Matrix advises you to change your password frequently and to always keep it secure. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us by clicking on this link and change your password immediately.

2.3 Warranty. You also promise that any registration information that you submit to Mylou Matrix is true, accurate and complete information about yourself, and you agree to keep it that way at all times. You can amend your registration data at any time by logging into your account and clicking on the "Account" tab.

2.4 Failure to Comply. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Service.

You may close your account with us at any time by deactivating your account through the "Account" settings.

3 YOUR PERSONAL INFORMATION

In order to operate and provide the Services, we collect certain personal information and data about you. As part of the Services, we may also automatically upload information about your computer or device, your use of the Services and the performance of the Services. We only collect, use and disclose your personal information and data in accordance with our Privacy Policy. Please take the time to read the policy as it includes important terms which apply to you.

4 CONTRACT FORMATION

4.1 Any submitted order for services will be subject to acceptance by Mylou Matrix and Mylou Matrix may reject all or any part of the order and discontinue products or services without notice.

5 PRICE AND PAYMENT

5.1 The prices of the products will be as quoted to you at the time you submit your order. We take all reasonable care to ensure that the prices of the products are correct at the time when the relevant information was entered onto the system. However, please see clause 5.4 for what happens if we discover an error in the price of product(s) you ordered.

5.2 Prices of our products may change from time to time, but changes will not affect any order you have already placed.

5.3 The price of a product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.

5.4 Our Services contain a range of products. It is always possible that, despite our reasonable efforts, some of the products on our Service may be incorrectly priced. If we discover an error in the price of the products you have ordered we will contact you in writing to inform you of this error and we will give you the option of continuing to purchase the product at the correct price or cancelling your order. Please note that if the pricing error is obvious and unmistakeable and could have been reasonably recognised by you as a mispricing, we do not have to provide the products to you at the incorrect (lower) price.

6 USAGE RULES

6.1 Use of Content. You acknowledge that all Content and Preview Clips), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content and/or Preview Clip originated. We do not control or endorse the Content or any Preview Clip and you acknowledge that by using the Services you may be exposed to Content and/or a Preview Clip that is offensive and/or indecent. You agree that any Content you purchase or Preview Clips that you access through the Services are provided to you by way of licence only. Except as expressly provided in these Terms of Service, Mylou Matrix will not be liable for any Content, Preview Clips or for any loss or damage of any kind resulting from the use of any Content or Preview Clips transmitted via the Services and you agree to bear all risks associated with such use of any Content or Preview Clips.

(i) You agree that you will not (and will not permit anyone else to):

(a) copy, duplicate, modify, reverse engineer, decompile or disassemble any element of the Services or Content unless explicitly permitted under applicable mandatory law;

(b) bypass, modify, tamper, defeat, circumvent any of the security components, special rules or other applications that protect the Services, Preview Clips and Content; or

(c) use any robot, spider, data minder, crawler, scraper or other automated means to access or index the Preview Clips or Content or any portion thereof, including but not limited to any metadata associated with the Preview Clips or Content;

(ii) Mylou Matrix may be required to remove certain Content from the Service, in the event that its licensors no longer hold the necessary rights and permissions to such Content, in which case, you agree to Mylou Matrix removing the copy of such Content from your PSA, to avoid any further infringements of intellectual property.

6.2 Updates: You may need to install updates to the Services that we introduce from time to time in order to use the Services and access and download Content you purchase or have purchased in the past. These updates are designed to improve enhance and further develop the Services and may take the form of (amongst other things) bug fixes, enhanced functions, new software modules and completely new underlying versions of software. Mylou Matrix or the third party content providers of the Content may also change digital rights settings for such Content from time to time. For example, we or the third party content providers may correct errors in the Content or may add additional features, or may change the security features for the Content.

6.3 Licence of the Services: We grant you a non-transferable and non-exclusive licence to use the Services made available by us to you in accordance with these Terms of Service. We reserve the right to modify, suspend or discontinue the Services (or any part or content thereof) at any time and we shall not be liable to you or any third party should we exercise such rights. To the extent possible we will warn you of in advance of any modification, suspension of discontinuance of the Services. Termination of the Services will not affect the availability of the Content you have already downloaded.

6.4 Termination: Mylou Matrix may terminate your access to the PSA or a particular piece of Content at any time without notice and without liability to you if: (a) you are accessing and using the PSA and/or any Content in breach of these Terms of Service in; or (b) we are required to due to Licensor Restrictions (see Section 7.4).

7 INTELLECTUAL PROPERTY AND LICENSOR RESTRICTIONS

7.1 You acknowledge that any and all of the copyright, trade marks, trade names and other intellectual property rights subsisting or used in connection with the Services shall remain the sole property of Mylou Matrix, the rights owner, the third party content providers or our licensors as applicable. You agree to immediately notify us of any actual or suspected infringement and you also agree not to use any of our trademarks as part of the name under which we conduct its business.

7.2 Availability of Content and/or any Preview Clips via the Services is at the discretion of the third party licensor providing such Content and/or Preview Clips to Mylou Matrix, and Mylou Matrix may therefore be required by such licensors to remove Content and/or Preview Clips from the Services without notice to you. Access of Content via the PSA is also controlled by our licensors, and such access is provided by licensors on the basis that access may be withdrawn by licensors at any time, for any reason. Therefore, Content on our Services may be removed without notice and as a result, affected Content will remain listed, but will no longer be available for access in your PSA.

7.3 Our licensors license Content by region. Therefore, Mylou Matrix and/or its partners may need to monitor your activity by geographic location and if necessary employ geo-blocking software to prevent the purchase of Content and/or use of Preview Clips in unlicensed territories.

8 CANCELLATION RIGHTS

If you are a consumer and reside in the European Union and have made an online purchase from us through the Services, in addition to any other rights under these Terms of Service, you have a legal right to cancel your order without giving any reason and receive a full refund if you change your mind within fourteen (14) days of purchase (i.e. the date you receive your Email Confirmation (see clause 4.3)) (the “Cooling-off Period”).

NOTE HOWEVER that if you redeem or consume the Content or access the purchased Services during such Cooling-off Period (e.g. start downloading or streaming the products within 14 days of purchasing them), you will not have the right to cancel your order after that point.

To exercise the right to cancel, you must inform us of your decision to cancel the Contract by a clear statement (e.g. letter sent by post, fax or email). If you send us your cancellation notice by e-mail your cancellation is effective from the date you sent us the e-mail.

You can also electronically fill in and submit the model cancellation form available here or via any other clear statement. If you use this option, we will communicate to you an acknowledgement of receipt of such cancellation on a durable medium (e.g. by email) without undue delay.

Once you have notified us that you are cancelling your order, we will reimburse all payments received from you in respect of such cancelled order as soon as possible and in any event within 14 days of your cancellation. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have agreed otherwise.

YOU ACKNOWLEGE AND AGREE that if you consent to Mylou Matrix supplying you with your purchases during the Cooling-off Period, you will not have a right to cancel the order.

9 OTHER RIGHTS, REMEDIES AND REFUNDS

9.1 If you have paid to use the Services and we terminate the Services (or any part) without cause or materially downgrade the functionality of the Services (or any part), we will provide you with a pro-rata refund of any payment made for those Services (or part of the Services).

10 INTERNATIONAL USE

Content and the Services may be restricted by territory. Where required, to conclude the purchase of any such restricted products, you will be required to provide a billing address in the relevant territory. You agree not circumvent any territorial restrictions in place on the Services or provide false billing information.

11 WARRANTIES AND LIMITATION OF LIABILITY

11.1 Mylou Matrix promises to provide the Services with reasonable skill and care and substantially as described in these Terms of Service.

11.2 To the maximum extent permitted by law, Mylou Matrix does not make and expressly disclaims any other promises, warranties or representations of any kind about the Services, any products supplied or its performance of its responsibilities in these Terms of Service, whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

11.3 If we fail to comply with these Terms of Service, we are responsible for direct loss or damage you suffer that is a reasonably foreseeable result of our breach of these Terms of Service or our negligence, but we are not responsible for any loss or damage that is not a reasonably foreseeable consequence of such main loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Contract.

12 EVENTS OUTSIDE OUR CONTROL

12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined in clause 12.2.

12.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs, or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster, or failure of public and private telecommunications networks.

12.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

i) we will contact you as soon as reasonably possible to notify you; and

ii) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

12.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel, please contact us here.

13 THIRD PARTY BENEFICIARIES

Mylou Matrix’s licensors are intended third-party beneficiaries of these Terms of Service and shall have the right to enforce them against you.

14 GOVERNING LAW

These Terms of Service and all matters arising and connected with them (including but not limited to any non-contractual obligations) shall be governed by and construed in accordance with the laws of England. Each Party agrees that the courts of England have non-exclusive jurisdiction to determine any dispute arising out of or in connection with these Terms of Service (including, without limitation, in relation to any non-contractual obligations). However, if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland and, if you are a resident of Scotland, you may also bring proceedings in Scotland.

15 SEVERABILITY

If any provision of these Terms of Service be held invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.

16 LANGUAGE

In the event these Terms of Service are translated into other languages and there is a discrepancy between the two language versions, this English language version shall prevail to the extent that such discrepancy is the result of an error in translation.

17 CHANGES TO THESE TERMS

Mylou Matrix reserves the right, in its sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice due to changes to our Services and /or the laws that apply to us and you. If we do this, we will post the amended terms on this page and will indicate the effective date at the top and in some cases, where appropriate, we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification to the primary address associated with your user account).

If you do not agree to (or cannot comply with) the Terms of Service as amended, you may deactivate your account and stop accessing the Services without penalty by contacting us via support@MylouMatrix.com. You are responsible for regularly reviewing these Terms of Service on our Services and for checking your primary email address registered with us so that you will be apprised of any changes. Every time you access the Service, the Terms of Service in force at the time of your access will apply to the Contract between you and us. Your continued access of the Services after any such changes constitutes your acceptance of the amended Terms of Service.