General Terms and Conditions

About

Thank you for using ClickView. These Terms and Conditions apply to ClickView’s supply of its websites, applications, platforms and associated software, products and programs (together, the “Platform”), the content accessible on the Platform (the “Content”) and the services provided by ClickView in connection with the Content and the Platform (the “Services”). These Terms and Conditions are between the subscribing entity (“Subscriber”) identified in any quote, purchase order, invoice, proposal or other arrangement (including any trial) for the Subscriber’s use of the Platform (“Order Form”) and ClickView.

This Agreement consists of these Terms and Conditions, the applicable Appendices, the Order Form and any terms specified in the Order Form (“Agreement”).

The provision and use of the Platform, the Content and the Services ordered by Subscriber is subject to the following additional terms:

Where any of these Appendices apply to the Services ordered by Subscriber, those terms shall be deemed incorporated into this Agreement.

To the extent that ClickView processes the personal data of a Subscriber (or a User of a Subscriber) which is protected by Data Protection Laws (as defined in the Data Processing Agreement), that Subscriber will be subject to and comply with the Data Processing Agreement , which is incorporated into and forms part of this Agreement.

Licence to access and use the Platform

Subject to the terms of this Agreement, ClickView grants Subscriber a limited, revocable, non-exclusive and non-transferable licence for the Subscriber’s approved users specified in the Order Form (“Users”) to access and use the Platform and such parts of the Content as are specified in the Order Form for educational purposes only, and for the period of the subscription stated in the Order Form (the “Subscription Period”), subject to earlier termination of this Agreement in accordance with its terms. The access and usage rights provided under this Agreement are granted to the Subscriber only, and shall not be considered granted to any subsidiary or holding company of the Subscriber or any other licensee unless approved by ClickView in writing.

Each Subscriber is required to create an account (“Account ”). Subscriber shall not access or attempt to access an Account that it is not authorised to access. Access to Subscriber’s Account is controlled with a unique username and password. Subscriber is responsible for keeping the Account password confidential and secure against unauthorised use, and for all activity that occurs using that Account. Subscriber must provide true, accurate, current and complete information about itself as requested by ClickView.

The individual entering into this Agreement represents and warrants that they are authorised to do so on behalf of Subscriber and that they are authorised to give the representations and warranties given by Subscriber in these terms.

Content

The Content comprises (i) the Content licensed by ClickView (the “Licensed Content”); (ii) information or content (including without limitation any comments) uploaded, or otherwise provided by subscribers to, and/or users of, the Platform including without limitation Subscriber and its Users (“User Content”); and (if applicable) (iii) the Broadcast Content as defined in Appendix 3. The Subscriber must comply with any fair use policy or requirements notified to it by ClickView from time to time, or any maximum storage limit agreed between Subscriber and ClickView.

Subscriber shall, and shall ensure that its Users shall, use the Content only in accordance with the terms of this Agreement. Use other than in compliance with this Agreement is strictly prohibited, and may subject Subscriber and Users to civil and criminal sanctions.

Users

Subscriber shall be responsible for its Users and Subscriber shall ensure that Users comply with the terms of use of the Platform, as varied from time to time in accordance with such terms of use (“Terms of Use”), accessible at: https://www.clickvieweducation.com/clickview-online-terms/. Subscriber shall be liable for the acts or omissions of Users in connection with their access to and use of the Platform, the Services and the Content as though they were the acts or omissions of Subscriber.

By accessing the Platform, Users are deemed to have accepted the Terms of Use. Access to and use of the Platform, the Services and the Content shall be limited to individual Users who have accepted the Terms of Use and who continue to comply with such terms. In the event that a User is in breach of the Terms of Use, then without prejudice to ClickView’s other rights and remedies, ClickView reserves the right to immediately suspend access to the Platform, the Services and/or the Content to any or all Users.

Subscriber will ensure that Users are only permitted to access Content that is appropriate for such Users to access including, without limitation, Content which is appropriate for the age or year level of such Users. Subscriber shall be responsible for setting and maintaining access rights and authorisations of Users using the administrative settings on the Platform, deleting User Content, applying age ratings to User Content and setting usage and storage limits for individual Users. Subscriber shall be responsible for controlling User access to the Platform and removing access by inactive or unapproved Users.

Usage Conditions

Subscriber shall, and shall procure that Users shall:

  • use their own secure password for their use of the Platform, and that each User keeps their password confidential and secure against unauthorised use;
  • comply with ClickView’s reasonable instructions in connection with the use of the Platform;
  • not store on, or distribute or transmit via the Platform any material that is unlawful, harmful threatening, defamatory, obscene, harassing or racially or ethnically offensive; facilitates illegal activities; depicts sexually explicit images; promotes unlawful violence; or is in breach of a third party’s Intellectual Property Rights;
  • not transfer, temporarily or permanently, any rights under this Agreement;
  • not attempt to obtain, or assist third parties in obtaining unauthorised access to the Platform or any Content;
  • not disassemble, decompile, reverse engineer or create derivative works based on the whole, or any part, of the Platform nor attempt to do any such things;
  • use the Platform in any unlawful manner, or for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, spyware, malware or harmful data into the Platform; and
  • not use the Platform in a way that could damage, disable, overburden, impair or compromise ClickView’s systems or security or interfere with other users of the Services.

ClickView reserves the right to modify and update all or a portion of the Platform or its functions without prior notice and without the need to notify Subscriber and Users in advance.

Subscriber shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Platform, the Services and/or the Content and shall notify ClickView promptly of any such unauthorised access or use.

If ClickView believes in its sole discretion that the Platform is at risk or subject to damage due to the manner of its use by a Subscriber or User, ClickView may suspend or terminate access to the Platform in respect of any or all Subscriber and Users for such period of time deemed necessary to protect the Platform from damage.

Service Levels and Support

ClickView will provide certain Support and Maintenance services to Subscriber, and will use commercially reasonable endeavours to make the Platform available in accordance with the Service Levels described in Appendix 2, subject to:

  • any event of Force Majeure; or
  • planned maintenance and unscheduled maintenance provided that where it is possible to do so ClickView has used reasonable endeavours to give Subscriber advance notice of such maintenance.

Charges and Payment

In consideration of the provision of Subscriber’s access to and use of the Platform, the Services and the Content, Subscriber shall pay ClickView the fees calculated and payable as set out in the Order Form (the “Subscription Fees”).

All amounts and fees stated or referred to in this Agreement are exclusive of any applicable taxes, including value added tax, sales tax or goods and services tax, which shall be added to ClickView’s invoice(s) at the appropriate rate based on the location of the Subscriber.

ClickView shall invoice Subscriber at the intervals stated in the Order Form. Each correctly submitted invoice is due and payable within seven (7) days after the date of the invoice or as otherwise agreed between Subscriber and ClickView in the Order Form. If ClickView has not received payment within seven (7) days after the date of the invoice, and without prejudice to any other rights and remedies of ClickView, ClickView shall have the right to suspend access to the Content, Services and/or the Platform until ClickView has received payment of the overdue amount.

The Subscription Fees will be reviewed by ClickView annually, and ClickView may propose an increase to the same no more than once in every year of the Subscription Period by written notice to Subscriber.

Copyright and other Intellectual Property Rights

Subscriber acknowledges and agrees that:

  • ClickView and/or its applicable third party licensors own all patents, copyright, database rights, trade names, trademarks (whether registered or unregistered), performer’s rights and any other proprietary rights (“Intellectual Property Rights”) in the Platform, the Services and the Licensed Content and, save for the express rights granted in this Agreement, Subscriber acknowledges that all other rights to exploit the Intellectual Property Rights in the Platform, the Services and the Licensed Content are reserved to ClickView and such third party owners respectively;
  • Licensed Content is provided by way of a licence only and such licence shall cease upon termination of the Agreement; and
  • it will not, whether during the Subscription Period or at any time after termination of this Agreement, in any way question or dispute the legal and beneficial ownership by ClickView or any applicable third party owner of the Intellectual Property Rights in the Platform or the Licensed Content (or any part thereof).

Subscriber and its Users shall have sole responsibility for the suitability of the Licensed Content and ClickView shall not be liable to Subscriber or its Users for any use made by them of the Licensed Content to the fullest extent permissible by law.

Acknowledgement of Ownership

No portion of the Platform or the Content may be reproduced in any form or by any means, except as expressly permitted hereunder. Subscriber agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Platform or the Content, in any manner, and Subscriber shall not exploit the Platform or the Content in any unauthorised way whatsoever.

ClickView, the ClickView logo, and other ClickView trademarks, marks, graphics, and logos used in connection with the Platform are trademarks or registered trademarks of ClickView. Other trademarks, graphics, and logos used in connection with the Platform or the Content may be the trademarks of their respective owners. Save as expressly stated in this Agreement Subscriber is not granted any right or licence with respect to any of the aforesaid trademarks graphics and logos.

Termination and Suspension

Subscriber may suspend its use of the Platform at any time during the Subscription Period or terminate this Agreement at any time during the Subscription Period by providing 30 days’ written notice to ClickView. In the event of termination or suspension under this clause and, without prejudice to its other rights and remedies, ClickView shall not be required to refund any Subscription Fees paid by Subscriber up to the effective date of termination or to refund that part of the Subscription Fees corresponding to the period of such suspension.

If Subscriber cancels the Services at any time during the Subscription Period without cause, or in circumstances where ClickView is not in default, then the Subscriber must immediately pay ClickView the Subscription Fees that would otherwise be owing for balance of the Subscription Period.

If Subscriber fails to pay an amount due under this Agreement, breaches any material term of this Agreement and fails to rectify such breach within 7 days after receiving notice from ClickView, or suffers an insolvency event (collectively, a “Default”) then, without limitation, ClickView may suspend or terminate the Subscriber’s access to the Platform without any liability to Subscriber and exercise any other rights that ClickView has under this Agreement or at law.

In addition to its other rights under this Agreement, ClickView reserves the right to suspend or terminate Subscriber’s access to the Platform at any time at ClickView’s sole discretion for convenience without any liability to Subscriber, save for the refund of any part of the Subscription Fees attributable to the unused portion of the Subscription Period at the effective date of termination, calculated pro rata.

General Compliance with Laws

Subscriber shall, and shall ensure its Users shall, comply with all applicable laws and regulations that apply to its use of the Platform, the Services and the Content.

Enforcement of this Agreement

ClickView reserves the right to takes steps ClickView believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to ClickView’s right to cooperate with any legal process relating to Users’ use of the Platform, the Services and/or the Content, and/or a third party claim that Users’ use of the Platform, the Services and/or the Content is unlawful and/or infringes the Intellectual Property Rights of a third party).

Data Protection

Any and all personal data pertaining to Users and Subscribers shall be processed in accordance with ClickView’s Privacy Policy, accessible at: https://www.clickvieweducation.com/privacy-policy/ By agreeing to these General Terms, Subscribers agree to ClickView’s Privacy Policy.

Subscribers who are located in territories which are protected by Data Protection Laws (as defined in the Data Processing Agreement) will be subject to and must comply with the Data Processing Agreement , which is incorporated into and forms part of this Agreement. The Data Processing Agreement sets out ClickView’s obligations with respect to data protection and security when processing personal data on behalf of a Subscriber in connection with the Services.

Disclaimer of Warranties

ClickView warrants that it will provide the Platform, Services and the Content with reasonable care and skill and in accordance with this Agreement.

Under applicable laws, the Subscriber may have certain rights which cannot be excluded, including guarantees as to the acceptable quality and fitness for purpose of goods and services. Nothing in this Agreement will be read or applied so as to exclude, restrict or modify any condition, warranty, guarantee, right or remedy implied by law which cannot be excluded, restricted or modified (“Non-Excludable Rights”). Subject to any Non-Excludable Rights, to the maximum extent permitted by law ClickView excludes and disclaims all conditions, warranties, guarantees, rights or remedies implied by statute, common law, custom, trade usage, course of dealing or otherwise, including any condition of satisfactory quality or fitness for a particular purpose whether or not any purpose has been notified to the Subscriber or User.

Without limitation to the foregoing, ClickView does not guarantee, represent, or warrant that:

  • the use of the Platform will be uninterrupted or error-free;
  • the Platform will be available at any particular time; or
  • the Platform will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion,

and ClickView disclaims any liability relating thereto to the fullest extent permissible by law. Subscriber acknowledges that it and its Users shall be responsible for backing up the Content, subject to the terms of this Agreement, and for safeguarding its data and other files during installation, when upgrading, or when installing an update.

Limitation of Liability

If ClickView fails to comply with a Non-Excludable Right, then to the extent that the law permits it to limit its liability in respect of such failure, its liability is limited (at ClickView’s sole discretion) to: (a) in the case of goods: the replacement of those goods or supply of equivalent goods; or the repair of the goods or the repayment of having the goods repaired; and (b) in the case of the Services: the supply of the Services again; or the payment of having the Services supplied again.

Neither party will be liable to the other party (or to any person or entity claiming through such other party) for the other party’s consequential loss (being any indirect, special, incidental, reliance or consequential damages of any kind that does not arise naturally and according to the usual course of things from the relevant breach, including any loss of profits or revenue, loss of savings, business interruption, loss of reputation, interruption to operations, property damage, personal injury, loss of goodwill, and the like), arising out of or in any manner connected with this Agreement or the Services, regardless of the form of action and whether or not such other party has been informed of or otherwise might have anticipated the possibility of such loss when entering into this Agreement.

To the maximum extent permitted by law, Clickview’s total aggregate liability under or in connection with this Agreement, however that liability arises, shall in no circumstances exceed the total value of the Subscription Fees paid or payable to ClickView during the six month period immediately preceding the alleged liability event. For the purposes of this clause, ‘however that liability arises’ means howsoever arising, whether in contract, tort (including negligence and strict liability), breach of statutory duty, indemnity or otherwise.

The parties agree that the limitations and exclusions of liability contained in this Agreement are reasonable in view of the nature and extent of the obligations accepted by each party under this Agreement and the level of the Subscription Fees.

Subscriber Indemnity

Subscriber shall indemnify ClickView against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and legal fees) arising out of or in connection with:

  • Subscriber’s or its Users’ unauthorised or unlawful use of the Platform, the Services and/or the Content, breach of this Agreement or breach of the Terms of Use;
  • Subscriber’s or its Users’ breach of the terms of the Subscriber’s Broadcast Licence (if applicable); and
  • any infringement by Subscriber or its Users of any Intellectual Property Rights in the Platform, the Services and/or the Content, or breach of any other law.

Force Majeure

Neither party shall be liable for any delay in performing or failure to perform its obligations hereunder to the extent that and for so long as the delay or failure results from any act, event, non-happening, omission or accident beyond its reasonable control (a “Force Majeure Event”). Force Majeure Events shall include but not be limited to strikes, lock-outs or other industrial action; flood; storm; act of god; war or civil unrest; the unavailability, fault or failure of third party telecommunications, network, system, server or service; act of public enemy or terrorism; and any change to or compliance with any law or governmental order, rule, regulation or direction.

If any Force Majeure Event occurs, the date(s) for performance of the affected obligation(s) shall be postponed for so long as is made necessary by the Force Majeure Event, provided that if any Force Majeure Event continues for a period of or exceeding 1 month, the non-affected party shall have the right to terminate the Agreement forthwith on written notice to the affected party. Each party shall use its reasonable endeavours to minimise the effects of any Force Majeure Event.

Notices

ClickView may send notices with respect to this Agreement by sending an email message to the email address listed in Subscriber’s Account contact information; by sending a letter via postal mail to the contact address listed in Subscriber’s ClickView Account contact information. Email notices shall become effective immediately and postal notice shall become effective 2 working days after the date of posting.

ClickView Entities

In this Agreement, references to ClickView are references to the applicable ClickView entity located in the country or region in which the Subscriber is established, as follows:

Region

ClickView Entity

Business Hours

Asia Pacific (APAC)

ClickView Australia Pty Ltd
(ACN 140 397 584) (Australia)
ClickView Limited (Company Number 2208806) (New Zealand)

AEST

The UK and Europe, the Middle East and Africa (EMEA)

ClickView Limited
(CRN 05919237)

GMT

Americas

ClickView (US) (Corporate Number 86-3807728)

CT

Entire Agreement

This Agreement supersedes all prior agreements, arrangements and understandings between the parties and constitutes the entire agreement between the parties relating to the subject matter hereof. Subscriber warrants to ClickView that it has not been induced to enter into this Agreement by any prior representations whether oral or in writing.

The parties confirm that they do not intend to confer any rights on third parties by virtue of this Agreement and accordingly any applicable laws regarding the rights of third parties shall not apply.

Waiver

No waiver of any term of this Agreement is valid unless it is in writing and signed by an authorised person of the party charged with the waiver. A waiver is valid for the specific situation for which it was sought. All remedies provided for in this Agreement are cumulative and in addition to and not in lieu of any other remedies available to either party in equity.

Variation

ClickView reserves the right to make changes to this Agreement at any time by posting updated terms on the Platform or ClickView’s website. Material changes to this Agreement which impact on the rights of the Subscriber will be announced by sending a notice to the Subscriber. Subscriber’s and Users’ continued use of the Platform will be deemed acceptance of any such changes.

Law and Jurisdiction

This Agreement is governed by the laws of the state/province and country in which the Subscriber is located and the parties submit to the jurisdiction of the courts of that state/province and country. The Data Processing Agreement is governed by the laws of the country in which the Subscriber is established. ClickView retains the right to bring legal proceedings in any jurisdiction where ClickView believes that infringement of this Agreement is taking place or originating.


Appendix 1: User Content

Uploading and sharing User Content

The Platform includes products and features which enable Users to upload and share User Content, including through playlists, channels and shared libraries.

Where User Content includes a comment, the User’s username may be used and published in connection with such comment.

Intellectual Property Rights in User Content

Subscribers and/or Users (as applicable) retain ownership of all Intellectual Property Rights in User Content generated or uploaded onto the Platform. Subscribers and Users have the right to take down User Content which they have uploaded onto the Platform at any time.

By uploading User Content, Subscriber and/or User grant to ClickView a non-exclusive, royalty-free, transferrable, perpetual and worldwide right (but not an obligation) to use and reproduce User Content on the Platform for the purposes of providing Content on the Platform to Users and Subscribers. User Content may be displayed, shared, modified or adapted, including in playlists, channels and shared libraries.

Subscriber acknowledges that User Content will be accessible to other subscribers and users on the Platform, however such User Content will not be used by ClickView outside of the Platform without Subscriber consent.

Subscriber represents and warrants for itself and on behalf of its Users that it or the applicable User owns and controls all of the rights to the User Content, and has the lawful right to post the User Content on the Platform. Subscriber shall not and shall ensure Users shall not submit User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right.

User Content Requirements

Subscriber represents and warrants for itself and on behalf of its Users that User Content:

  • does not contain or condone sexually explicit material or violence, or condone discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • is not threatening, abusive or intimidating, or provided with an intent to harass, upset, alarm or embarrass any other person or cause needless anxiety;
  • does not infringe anyone else’s rights, including any intellectual property rights or right of confidentiality or privacy; in particular, Subscriber should not submit content which includes music (unless Subscriber or User has written the music itself or has a licence from the person who wrote and recorded the music), or identifiable brands or logos;
  • complies with all applicable laws;
  • does not contain any material which is defamatory, invades the privacy of any person, is obscene, offensive, hateful or inflammatory;
  • does not breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • does not misrepresent Subscriber’s or User’s identity or affiliation with any person, or falsely gives the impression that such content comes from someone else;
  • does not contain any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other forms of solicitation or advertisement commercial or otherwise;
  • does not advocate, promote or assist any unlawful act (e.g. criminal acts, copyright infringement, computer misuse, etc.); and
  • does not feature any individual who has not expressly consented to their image and/or voice being featured on the Platform, nor any individual under the age of 16 without the consent of that individual’s parent or guardian;

and Subscriber agrees that it be responsible for any loss or damage ClickView may suffer as a result of and breach of the warranties set out in this Agreement.

Take Down Procedure

ClickView may monitor, edit or remove any User Content for violation of this Agreement, or for any other lawful reason. ClickView reserves the right to remove any User Content at any time for any reason, at its sole discretion.

Subscriber Responsibility

The views expressed in User Content are the opinions of the relevant Subscriber or User and do not represent the views, opinions, beliefs or values of ClickView. ClickView will not be responsible or liable for the content or accuracy of any User Content.

Subscriber is responsible for the User Content of its Users. Subscriber must appoint a suitable person to act as an administrator to: immediately remove User Content where Subscriber has a good reason to believe that any User Content is in breach of these terms, is infringing any person’s rights, or is otherwise illegal. Subscriber may ‘flag’ infringing User Content using tools on the Platform or may request that User Content is removed by contacting ClickView.

Subscriber agrees that if anyone brings a claim against ClickView (or its respective directors, officers, employees and agents) related to User Content, then, to the extent permissible under law, Subscriber will indemnify and hold ClickView harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) arising out of such claim.


Appendix 2: Service Levels and Support

Service Levels

Requirement to be measured

Measure to be used

Timing/Frequency

Outcome Required

Service availability (uptime)

% of time

During agreed Business Hours

99.5% of agreed Business Hours, with the exception of:

· Emergency maintenance (based on real or perceived security risk)

Business Hours are:

9am-6pm Monday to Friday, except public holidays

Service availability (uptime)

% of time

Outside agreed Business Hours

98% of agreed non-Business Hours, with the exception of:

Business Hours are:

9am-6pm Monday to Friday, except public holidays

  • Scheduled maintenance

· Emergency maintenance (based on real or perceived security risk)

· Unscheduled maintenance (with minimum 72 hours’ notice)

Support

ClickView offers support and training in relation to set-up and operation of the Platform, as specified in the Order Form. ClickView’s Support Desk operates Monday to Friday, 9:00am to 5:30pm during Business Hours with the exception of local public holidays.

Response times

Cases can be logged by phone, email or through our website. ClickView’s policy is to respond to all Subscriber cases on the same business day. Please note that cases logged after 4pm may not receive a response until 9.00am the following business day.

Maintenance

Subscriber agrees and acknowledges that:

  • maintenance of the hosting equipment, facility, or other aspects of ClickView’s systems may require interruption of the Platform (“Maintenance Events”), and ClickView will use reasonable endeavours to ensure that scheduled Maintenance Events are not performed during Business Hours at the location of Subscriber;
  • ClickView may interrupt access to the Platform at any time to perform emergency maintenance; and
  • ClickView may interrupt access to the Platform for unscheduled maintenance, provided that ClickView uses reasonable endeavours to give Subscriber at least 3 days’ advance notice.

ClickView reserves the right to close down access to the Platform to Subscriber and/or any Users should there be a real or perceived security risk that the Platform or any of the servers that it runs on could be infected by a virus or spyware of any kind. ClickView shall use its reasonable endeavours to restore access to the Platform as soon as is reasonably practicable. ClickView shall maintain and update the Platform as it deems necessary from time to time.


Appendix 2: Broadcast Content

Certain broadcast Content (“Broadcast Content”) is provided to Subscribers and Users to facilitate the rights granted by applicable collecting societies (“Collecting Society”) to Subscribers for the copying and/or use of Broadcast Content.

The applicable Collecting Societies include:

  • In Australia and New Zealand – the Audio Visual Copyright Society Limited trading as Screenrights
  • In the United Kingdom – the Educational Recording Agency

ClickView is authorised by each Collecting Society to record, store and provide access to Broadcast Content for and on behalf of validly licensed institutions under an agreement between the Collecting Society and ClickView.

By entering into this Agreement and accessing Broadcast Content, Subscriber:

  • warrants to ClickView that it has, and will maintain throughout the Subscription Period, a current and valid licence agreement with the applicable Collecting Society for the copying of Broadcast Content (“Subscriber’s Collecting Society Licence”);
  • authorises ClickView to copy Broadcast Content and to communicate Broadcast Content on behalf of Subscriber for its educational purposes; and
  • acknowledges that the provision by ClickView of Broadcast Content is subject to the terms of the agreement between ClickView and the Collecting Society (“ClickView’s Collecting Society Licence”).

Subscriber’s Collecting Society Licence

  • Subscriber shall, and shall ensure that its Users shall, use the Broadcast Content only in accordance with the terms of the Subscriber’s Collecting Society Licence.
  • ClickView reserves the right to verify and monitor Subscriber’s licensed status with the Collecting Society.
  • If Subscriber has not entered into a Subscriber’s Collecting Society Licence with the applicable Collecting Society then Subscriber is not entitled to enter into this Agreement.
  • Where Subscriber is no longer licensed under the Subscriber’s Collecting Society Licence during the Subscription Period it must immediately cease access to and use of the Broadcast Content and immediately inform ClickView.

ClickView’s Collecting Society Licence

  • Subscriber acknowledges that it is a requirement under ClickView’s Collecting Society Licence that Subscriber does not communicate a copy of any Broadcast Content to any person other than staff or students of Subscriber.
  • Subscriber acknowledges that ClickView may amend, terminate or suspend the provision of Broadcast Content or this Agreement without notice if ClickView’s Collecting Society Licence is amended, terminated or suspended.

Data Protection

Subscriber agrees that ClickView has the right, without liability to Subscriber, to disclose any registration data, account information and Broadcast Content usage information including without limitation, details of the Broadcast Content stored on behalf of Subscriber, the number of copies and types of Broadcast Content accessed or downloaded by Subscriber and its users, the name of the Subscriber and the User ID allocated to each User of such Broadcast Content to the Collecting Society in accordance with ClickView’s reporting obligations with the Collecting Society.

Users

Subscriber shall procure that Users shall be made aware of the terms of the Subscriber’s Collecting Society Licence governing the use of the Broadcast Content prior to use of ClickView and that all Users comply with such terms.