Terms and Conditions


IMPORTANT LEGAL NOTICE - WEBSITE TERMS AND CONDITIONS ATTENTION:

ATTENTION: This legal notice applies to the entire contents of the Website under the domain name http://media.lotuscars.com/ (Website) and to any correspondence by e-mail between us and you. Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the Website. This notice is issued by Group Lotus Plc (Company/We/Us/Our). The Company owns the Website and its content. The Website is operated on behalf of the Company by Digital News Agency.
Group Lotus Plc is registered in England and Wales under company number 606189 and we have our registered office at Potash lane Hethel Norwich NR14 8EZ. Our main trading address is the same as our registered office address. Our VAT number is GB 105 986 355.

1. INTRODUCTION
1.1 You may access most areas of the Website without registering your details with us. Certain areas of the Website are only open to you if you register. However, once you have registered, accessing information on the Website is free until further notice.
1.2 Each registration is for your use only and not for multiple users. You must not share your
user name and password with any other person. Responsibility for the security of any
passwords issued rests with you.
1.3 By accessing any part of the Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Website immediately.
1.4 The Company may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.
1.5 If you breach any of these Terms, your permission to use the Website automatically
terminates.
1.6 We may from time to time offer other services which may be subject to different terms and
conditions and which will be notified to you if you use that service.

2. SERVICE PROVIDED
2.1 The Website is divided into two sections: (a) "Latest News" which provides information on
events taking place during the then current week and which provides audio, 'B roll', stills and other footage which we and/or any of our associated entities were commissioned to create by our respective clients; and; (b) "Virtual Press Room" an area dedicated to news or items about various clients
2.2 You may only view information on the Website on your computer screen and may not
copy, download, modify, alter or in any way otherwise deal with any such information
otherwise than expressly permitted in accordance with these Terms.
2.3 You shall treat any information contained on the Website as private and confidential and
neither you nor any of your employees, agents or other representatives may disseminate any of it to any third party by any medium (whether orally or in writing).
2.4 By registering for access to the Website, you agree to us sending you emails relating to
administrative and other specific matters.
2.5 You agree that you will not directly contact any person listed from time to time on the
Website. If you would like to, for any reason, communicate with any such expert, you agree to contact us by email info@digitalnewsagency.com.

3. INTELLECTUAL PROPERTY
3.1 Unless otherwise stated, the copyright and other intellectual property rights in all material
on the Website (including without limitation photographs and graphical images) are owned by or licensed to the Company and/or our licensors (the Materials).
3.2 No part of the Website may in any way be reproduced and/or stored in any other website
or included in any public or private database or intranet service other than in accordance with the specific terms without our express prior written permission which should be requested in accordance with paragraph 2.5 above.
3.3 We shall have the right to copy and use extracts from the programme in which the
spokesperson or story appears on the protected private client pages of the website wherever you use a spokesperson, footage or story provided by us.
3.4 If we discover that we do not have sufficient rights to any Materials, we may
withdraw the relevant material from the Website without prior notice. If you have requested any such material to use we will use reasonable efforts to inform you in advance of taking any such action and to agree a mutually agreeable solution.
3.5 Any rights not expressly granted in these Terms are reserved in full.
3.6 You may not use framing techniques to enclose any page or part of any page of the
Website, trade mark, logo, Material or other proprietary information (including images, text, page layout or form) on the Website. You may not use any metatags or any other "hidden text" using the trade marks set out in paragraph 3.7 below.
3.7 The following marks belong to Digital news Agency and must not be used in any way without our prior written consent: (a) The Digital News Agency (b) The News Hub (c) The Footage Bank (d) The Television Consultancy (e) D roll

4. SERVICE ACCESS
4.1 While we endeavour to ensure that the Website is normally available 24 hours a day, we
shall not in any way be liable if for any reason the Website is unavailable at any time or for any period.
4.2 Access to the Website may be suspended temporarily and without notice in the case of
system failure, maintenance or repair or for reasons beyond our control.
4.3 We reserve the right to refuse access to the Website or any part of it at any time either to
groups of users, individual users or generally. We shall not be responsible for any connection or access to the Website by you or the quality of the transmission of any information passing between you and the Website.
4.4 Whilst we take every precaution to ensure that the Website is free from viruses, pop-ups
and other malicious software, these may be contained within third party websites linked to the Website and you must therefore take all reasonably prudent steps to protect your computer software and hardware.
4.5 You shall not use the Website in any way that causes, or is likely to cause, the Website or
access to it to be interrupted, damaged or impaired in any way.

5. USERS' MATERIAL AND CONDUCT
5.1 Other than personal information, which is covered under the Privacy Policy, any material
you transmit or post to the Website shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We, our employees and/or representatives shall be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all commercial or non-commercial purposes.
5.2 You hereby grant as a non-exclusive royalty free irrevocable licence to use such material
as put on the Website and to authorise others to use it.
5.3 You are prohibited from posting or transmitting to or from the Website any material: (a)
that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic,
abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory,
blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; (b) for which you have not obtained all necessary licences and/or approvals from the relevant persons including without limitation with respect to any third party intellectual property rights, from the owners of such rights; (c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or (d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
5.4 You may not misuse the Website in any way that causes, or is likely to cause, the
Website or access to it to be interrupted, damaged or impaired.
5.5 We shall fully co-operate with any law enforcement authorities or court order requesting or
directing us to disclose the identity or locate anyone posting any material in breach of
paragraph 5.2 and/or paragraph 5.3.

6. LINKS TO AND FROM OTHER WEBSITES 6.1 Links (if any) to third party websites on the Website are provided solely for your
convenience. If you use these links, you leave the Website. We have not reviewed these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
6.2 You may not create any links whatsoever to the Website or any part of it without our
consent.

7. INFORMATION PROVIDED 7.1 You hereby confirm and agree that any information that you may provide us from time to
time whether on registration for use of the Website or otherwise (the "Information") will be
true, accurate, complete and not in any way misleading. If any such Information changes, you agree to notify us of such changes so that the Information remains at all times true, accurate, complete and not in any way misleading.
7.2 If for any reason any of the Information is not true, accurate, complete and/or is
misleading or we believe this to be the case, we hereby reserve the right to suspend,
terminate your ability to use the Website or restrict your future ability to access the Website.

8. DISCLAIMER 8.1 While we endeavour to ensure that the information on the Website is correct, we do not
warrant the accuracy and/or completeness of the material on the Website. We may make
changes to the material on the Website, or to any products or services and/or prices
described in it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update such material.
8.2 The material on the Website is provided "as is", without any conditions, warranties and/or
other terms of any kind. Accordingly, to the maximum extent permitted by law, we allow you to access the Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these Terms might have effect in relation to the Website.
8.3 You acknowledge and agree that your use of any material and/or information obtained
through the use of or in any way facilitated by the use of the Website is at your own risk and you alone shall be responsible for any loss or damage whatsoever that you may suffer from such use.
8.4 We make no warranty and/or representation that your access to the Website will be
uninterrupted, secure and/or error-free or that you will be able to access the Website at any particular time.

9. LIABILITY AND DISPUTES
9.1 The Company and Digital news Agency, any other party (whether or not involved in creating, producing, maintaining and/or delivering the Website), and any of our affiliated entities and the officers, directors, employees, shareholders and/or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party whether in tort (including without limitation negligence), contract or otherwise in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website and any websites linked to the Website or the material on such websites.
9.2 Without prejudice to the generality of paragraph 9.1 above, we, any other party (whether
or not involved in creating, producing, maintaining and/or delivering the Website), and any of our affiliated entities and the officers, directors, employees, shareholders and/or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party whether in tort (including without limitation negligence), contract or otherwise in connection with any loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, and/or browsing the Website and/or your downloading of any material from the Website or any websites linked to the Website.
9.3 Nothing in these Terms shall exclude or limit our liability for: (a) death or personal injury
caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or (b) fraud; or (c) any liability which cannot be excluded or limited under applicable law.
9.4 If, as a result of using the Website or any material on it, you require servicing, repair or
correction of equipment, software or data, you agree that you alone will bear any and all costs related to such servicing, repair or correction and that we shall not in any way be responsible to you for this.
9.5 If we waive any breach by you of these Terms this will not prevent us from later requiring
you to comply with any waived obligation.
9.6 Any dispute, controversy or claim arising out of or relating to this Agreement, including
any disputes relating to the Content of the Website, whether based in contract, tort, statute or otherwise, shall be finally resolved by arbitration; provided, however, that a party seeking injunctive or other equitable relief this will not stop enforcing this Agreement. The arbitration shall be conducted by one arbitrator in English and in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce. The place of the arbitration shall be London. The decision of the arbitrator shall be binding upon the parties.

10. ENTIRE AGREEMENT

10.1 This Agreement represents the entire agreement between you and us in relation to your
use of the Website (including its content), and it supersedes all prior or contemporaneous communications (whether in writing, oral or electronic) between you and us with respect to the Website. Any waiver of any term of this Agreement will only be effective if in writing and signed by a party and no waiver by us of any right or remedy under this Agreement will prevent us from enforcing any of its rights or remedies in any other situation where you breach this Agreement.

11. NATURE OF RELATIONSHIP / SEVERABILITY

11.1 No joint venture, partnership, employment, or agency relationship exists between you
and us as a result of this Agreement or your utilisation of the Website. If any provision of this Agreement is held unenforceable by a court or tribunal of competent jurisdiction, that
provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.

12. GOVERNING LAW AND JURISDICTION

12.1 These Terms shall be governed by and construed in accordance with English law.
Disputes arising in connection with the Terms shall be subject to the exclusive jurisdiction of the English courts.


INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.


PRIVACY POLICY

We are committed to protecting and respecting your privacy.

This policy (together with our terms of use) and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

INFORMATION WE MAY COLLECT FROM YOU

We may collect and process the following data about you:

- Information that you provide by filling in forms on the Website.This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for information when you enter a competition or promotion sponsored by the Company and when you report a problem with our site.
- If you contact us, we may keep a record of that correspondence.
- The Company may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
- Details of transactions you carry out through our site and of the fulfilment of your orders.
- Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.

IP ADDRESSES

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.

COOKIES

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site.

WHERE WE STORE YOUR PERSONAL DATA

The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

[All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

USES MADE OF THE INFORMATION

We use information held about you in the following ways:

- To ensure that content from our site is presented in the most effective manner for you and for your computer.
- To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
- To carry out our obligations arising from any contracts entered into between you and us.
- To allow you to participate in interactive features of our service, when you choose to do so.
- To notify you about changes to our service.

We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post or telephone.
If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.

If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this.

If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data.

We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.

DISCLOSURE OF YOUR INFORMATION

We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.

We may disclose your personal information to third parties:

- In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
- If Group Lotus Plc or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
- If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of the Company our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.


YOUR RIGHTS

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at our registered office address.

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

ACCESS TO INFORMATION

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

CHANGES TO OUR PRIVACY POLICY

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.

CONTACT

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to the Data Controller Group Lotus Plc at our registered office address.

COOKIES
A cookie is a small file which is placed on your hard drive when you visit any of the Group's websites (directly or via our applications). We use information from cookies for purposes which may include:
- identifying returning users, registrants and subscribers
- eliminating the need for returning users to re-enter their login details
- enabling you to move more easily around our sites and applications
- tracking your use of our sites to better develop our sites and applications in accordance with your requirements
- building up an anonymous profile based on your browsing patterns across our sites, applications and third party websites, which enables us to make advertisements and content available to you that is more relevant to your interests

You can delete cookies from your hard drive at any time. Bear in mind, though, that if you delete them, any settings such as your stored username and password will have to be reset when you next log in.

You will be able to use our websites and applications even if your browser is not set to accept cookies. However, certain features and content may not be available to you and you will have to log in every time you visit.

By visiting a TVC Group website, you consent to the use of cookies as explained above.

You can also choose whether you wish us to collect cookie information for these purposes using the settings in your browser, as further explained at www.cookiecentral.com.

Further information on the use of cookies can be found at: www.cookiecentral.com/faq.