LOCATION MANAGERS:
Users may
register as a Location Manager, and may submit Locations by providing to My Locations
Location photographs and details.
The Location Manager acknowledges
that his or her personal information (including his or her name, phone number, email
address and/or CV) shall be publicly available via the internet anywhere in the
world (including on the My Locations Website) as a result of registration.
The Location Manager expressly consents to this.
My Locations will use the Location Manager's personal information for the
purposes of providing the Library Services, and will only otherwise use that information:
(i) where My Locations is required to do so by law; (ii) in connection with any
legal proceedings or prospective legal proceedings; (iii) in order to establish,
exercise or defend My Locations' legal rights; and/or (iv) in relation to the sale
(or contemplated sale) of any business or asset.
My Locations will take reasonable technical and organisational precautions
to prevent the loss, misuse or alteration of the Location Manager's personal information.
A Location shall only be added
to the My Locations Website and the portfolio of the submitting Location Manager
on receipt of a signed Location Agreement from the Location Owner or Operator.
The Location Manager warrants
that all details of Locations submitted to My Locations are accurate and not misleading. The Location Manager
undertakes to keep
the photographs and other details for each Location updated.
If My Locations notifies the Location Manager that a Location's photographs
or details need to be updated, the Location Manager shall promptly update those
photographs or details. If the Location
Manager fails to do so within
30 days of My Locations notice, then My Locations
may designate that another person shall be owner of the relevant Location.
The Location Manager warrants
that he or she has the consent of the Owner of each Location that the Location Manager
submits to My Locations.
The Location Manager grant to
us a worldwide, non-exclusive, royalty-free licence to reproduce and publish (including
on the My Locations Website) all photographs and other material submitted by the
Location Manager to My Locations. The Location Manager warrants that the material
submitted by the Location Manager, and the publication of that material (including
on the My Locations Website), will not infringe any person's intellectual property
rights or other legal rights, is not unlawful or illegal, and shall not give rise
to any cause of action under any applicable law.
The Location Manager shall indemnify My Locations and shall keep My Locations
indemnified against any breach of the preceding warranty.
A Location Manager shall be
entitled to a payment where a Location owned by that Location Manager is used by
a Client for an Event, and the Client pays to My Locations the full amounts of the
relevant Library Fee and Location Fee.
Where a Location Manager is
entitled to a payment in respect of the use of a Location, My Locations shall pay
to the Location Manager 33.33% of its 15% of the Location Fee (plus VAT where applicable)
within 5 days after the last day of filming (subject to
presentation
of the Location Manager's applicable invoice).
Either My Location or the Location
Manager may terminate a contract between them on these Terms immediately by giving
to the other written notice of termination.
Any termination of the contract will be without prejudice
to the parties' accrued
rights.
If a location Managers Profile is found to contain profanity
and/or text which is derogatry to My Locations or its members the profile shall
be removed immediately.
LIABILITY AND WARRANTIES:
My Locations’ liability to the
Location Manager under these Terms shall in no event exceed the
aggregate of all sums due to the Location Manager by My Locations hereunder. This provision
shall survive termination of the agreement between My Locations and the Location Manager.
Save as expressly
set out in these Terms, all warranties and conditions, whether express or implied
by statute, common law or otherwise (including without limitation as to satisfactory
quality or fitness for purpose), are expressly excluded to the extent permitted
by law. This provision shall survive termination of the agreement between My Locations
and the Location Manager.
Location Managers agree that
all future work for submitted Locations shall be passed through My Locations.
My Locations
shall have no liability to the Location Manager in the event that any Location booked shall
become unavailable due to any circumstances beyond either My Locations’ or the Owner’s
reasonable control.
GENERAL:
These Terms are governed by
English law and the Client or the Location Manager and My Locations shall submit to the non-exclusive jurisdiction
of the English Courts.
The Contracts (Rights of Third Parties Act) 1999 shall not
apply to these Terms.