O’Neill Modernmedia (OMM) Ltd
These Terms of Use (together with the documents referred to within them) set out the terms on which you may access and use any website, platform, portal, application, content review system, or digital environment operated or provided by O’Neill Modernmedia (OMM) Ltd (“OMM”, “we”, “us” or “our”) (together, the “Platform”).
Use of the Platform includes accessing, browsing, viewing, streaming, downloading, uploading, or registering to use the Platform.
Please read these Terms of Use carefully before using the Platform.
By accessing or using the Platform, you agree to be bound by these Terms of Use.
If you do not agree, you must not use the Platform.
These Terms of Use refer to the following additional terms, which also apply to your use of the Platform:
By using the Platform, you confirm that all information provided by you is accurate and that you consent to processing in accordance with our Privacy Policy.
Unless expressly stated otherwise in a written agreement signed by OMM, all intellectual property rights in and to the Platform and its contents are owned by or licensed to O’Neill Modernmedia (OMM) Ltd.
This includes, without limitation:
All such materials are protected by copyright, database rights, design rights, trade marks, and other intellectual property rights.
Where the Platform allows you to view, stream, or download content (including via third party services such as Frame.io or similar platforms), this access is provided solely for review, feedback, approval, or internal evaluation purposes, unless expressly agreed otherwise in writing.
Downloading content does not transfer ownership or intellectual property rights.
Unless explicitly stated otherwise in a written agreement:
Any use outside the agreed scope requires prior written consent from OMM.
You must not:
Any unauthorised use constitutes a breach of these Terms and may infringe OMM’s intellectual property rights.
The Platform and its contents are provided “as is” and “as available”, without warranties of any kind, whether express or implied.
To the fullest extent permitted by law, OMM disclaims all warranties, including but not limited to fitness for a particular purpose, accuracy, completeness, availability, or freedom from errors or defects.
You assume all risk and costs arising from your use of the Platform.
To the fullest extent permitted by law, OMM shall not be liable for any loss or damage arising from or in connection with your use of, or inability to use, the Platform, including but not limited to:
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any liability which cannot be excluded under English law.
We do not guarantee that the Platform will be secure or free from bugs or viruses.
You are responsible for configuring your own systems and using appropriate virus protection software.
You must not attempt unauthorised access to the Platform or introduce malicious code. Any such action may constitute a criminal offence under the Computer Misuse Act 1990.
Access to the Platform may be restricted, suspended, withdrawn, or modified at any time without notice.
We do not guarantee continuous availability and shall not be liable for any interruption or unavailability.
If you are provided with login credentials, you must keep them confidential and not share them with third parties.
OMM reserves the right to suspend or disable access at any time where we reasonably believe these Terms have been breached.
Where the Platform allows you to upload or submit content, you confirm that:
You retain ownership of your submitted content, but grant OMM a non-exclusive, royalty free licence to store and use it solely for the purposes of delivering the services.
You must not use the Platform in any way that is unlawful, fraudulent, misleading, or harmful, or that damages OMM’s reputation or intellectual property.
You agree to indemnify and hold harmless O’Neill Modernmedia (OMM) Ltd and its directors, employees and agents from any claims, losses or liabilities arising from your breach of these Terms or misuse of the Platform.
OMM may amend these Terms of Use at any time. Updated terms will apply from the time they are published on the Platform.
These Terms of Use are governed by and construed in accordance with the laws of England and Wales.
The courts of England and Wales shall have exclusive jurisdiction.
These Terms constitute the entire agreement between you and OMM relating to your use of the Platform and supersede all prior agreements or understandings unless otherwise agreed in writing.