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MEDIAHUB TERMS OF USE
By accessing or using the Platform You acknowledge that:
- the Mediahub services hosted through the Mediahub platform (“Platform”) are offered to You directly
by Your provider (the “Provider”) pursuant to Your Provider standard terms and conditions or such
other terms as agreed upon between You and Your Provider and that the only warranties offered with
regard to the Mediahub services are those offered by Your Provider and not by EVS Broadcast
Equipment SA which is merely hosting the Platform.
- You are legally bound by these Terms of Use with regard to Your use of the Platform.
If You do not agree with these Terms of Use, please do not access or use the Platform
“EVS”, “We” or “Us” as used in these Terms of Use means EVS Broadcast Equipment SA.
“Content” as used in these Terms of Use means any contents of any type, form or format whatsoever
including but not limited to audio and video contents.
“You/r” as used in these Terms of Use means You and the organisation to which you belong as a user of the
Platform.
1. PRIVACY STATEMENT
At EVS We give utmost importance to Your data’s privacy. Please refer to our Privacy Statement which
explains how EVS collects, processes, uses, stores and transfers Your personal data as well as Your rights
over any personal data We hold about You in compliance with the General Data Protection Regulation
2016/679 of the European Parliament and of the Council of 27 April 2016.
2. LINKS TO OTHER WEBSITES
The Platform may contain links to other websites for Your convenience and information. These other websites
may be operated by companies not affiliated with EVS. We do not assume any responsibility with regard to
the content and/or Your use of these third-party websites which are subject to their own terms of use.
3. USE OF THE PLATFORM
You agree that You will not use the Platform in any manner that could misuse, damage or overburden any
Content, equipment, software or services of EVS or any of its affiliates and/or of Third Parties.
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4. PROPRIETARY RIGHTS OF THE PLATFORM AND CONTENT
All Intellectual Property Rights in or relating to the Platform anywhere in the world vests in EVS. You agree
that You will not use any Intellectual Property Rights in any way that would be inconsistent with or in violation
of such EVS Intellectual Property Rights.
All Content made available by You while using the Platform shall vest in You and/or third parties. By accessing
the Platform, You expressively warrant and undertake not in any way or by any manner to retain, make copies
of, store, distribute, share, publish, broadcast or in other ways or by other means process or transfer Content
to serve any other purpose than what is explicitly agreed between You and/or those third parties.
For the purpose of this clause, "Intellectual Property Rights" means any invention, patent or application for a
patent, design (registered or unregistered), trademark (registered or unregistered), name, copyright, rights in
software, database rights, rights in circuit layout, trade secret, know-how, proprietary information or other
industrial or intellectual property right in respect of any invention, information, process, work, Content or
method.
5. INDEMNIFICATION
You agree to defend, indemnify and hold Us (including officers, directors, employees, agents, affiliates and
subcontractors) harmless from and against any claims, suit, action or damages (including legal fees) arising
from or related to (a) any negligent act or omission in connection with the observance and performance of
these Terms of Use, and any breach of these Terms of Use, and/or (b) the use of the Platform and of the
Content including any liability or expense arising from claims, losses, damages, suits, judgments, litigation
costs and attorneys’ fees. This defence and indemnification will survive the present Terms of Use and Your
use of the Platform.
6. LEGAL NOTICE
The Platform is provided to You “as is” and, to the fullest extent permitted by applicable law in each specific
jurisdiction, We (including our officers, directors, employees, agents affiliates and subcontractors) disclaim all
express or implied warranties in connection with the Platform and Your use thereof and do not assume any
responsibility for any damage, including direct and indirect damages such as loss of goodwill or business, loss
of revenue or profits or any other claim, demand, proceeding, cost and expense arising from or related to the
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use (including errors, inaccuracies, delays, interruptions, failure, poor quality or limitations of any kind) of the
Platform and/or the Content it contains.
We reserve the right to modify, improve, update, suspend or terminate any functionality of the Platform or its
Content, including by removing any content or service where We consider it necessary to protect our rights
and legitimate interests.
7. SUSPENSION OF ACCESS
We can suspend Your access to the Platform, without a right to any compensation or indemnity, with immediate
effect and without notice or compensation, in case We have valid reasons to believe that You do not respect
these Terms of Use. Your access will be reinstated when the non-compliance with the Terms of Use is fully
resolved. Your access to the Platform can be terminated indefinitely in case of serious breach, or in case You
refuse to act in a manner compliant with these Terms of Use.
8. FORCE MAJEURE
Any failure or inability of EVS to provide the access or services related to the Platform, or to otherwise comply
with its obligations to any user hereunder, due to the occurrence of a Force Majeure Event, shall not be a
breach of contract by EVS and no liability shall be attached to such situations. If affected by a Force Majeure
Event, EVS shall, as soon as practicable, inform You of the occurrence of the Force Majeure Event, the
reasons for the delay or failure, its likely duration, and the steps that are being taken to rectify the delay or
failure.
For the purpose of this clause, “Force Majeure Event” means any event or circumstance that could not be
predicted and is beyond the control of EVS (or its contractors) and which is unavoidable even if EVS (or its
contractors) exercised the utmost diligence, and which prevents EVS or its contractor from performing a part
or all of its obligations
9. GOVERNING LAW
These Terms of Use shall be governed by and construed in accordance with the laws of Belgium.
The court of Liège (Belgium) shall have the exclusive jurisdiction over any lawsuit, action or proceeding arising
out of these Terms of Use.
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10. TERMS OF USE UPDATES
EVS may change these Terms of Use from time to time as We improve our current offerings, and as
technologies and laws change. You can determine when these Terms of Use were last revised by referring to
the "update " legend at the bottom of this page. Any changes will become effective upon our posting of the
revised Terms of Use on the Platform.
11. Contact us
If You have any question related to these Terms of Use, please do not hesitate to contact us by sending an e-
mail to legal@evs.com or by sending a letter to EVS Broadcast Equipment SA - to the attention of the Legal
Department - rue Bois Saint-Jean 13, 4102 Seraing, Belgium. We are happy to assist You and answer any
questions You might have.
These Terms of Use were most recently updated in April 2022
