| 1 |
ABOUT US
| Company Name: |
Streakr Limited |
| Company Number: |
05671987 |
| Address: |
Pinewood Studios, Pinewood Road, Iver Heath, Buckinghamshire, SL0 0NH |
| Fax: |
01753 785674 |
| Email: |
streakr@streakr.com |
| VAT Number: |
887.8422.63 |
|
| 2 |
ABOUT YOU |
| 2.1 |
You warrant and represent that all registration and profile information that you submit to us is truthful and accurate and you agree to promptly update such account information as is necessary to keep it accurate. |
| 2.2 |
[Insert any membership/eligibility criteria here such as age, residence etc to the extent relevant.] |
| 2.3 |
You are entirely responsible if you do not maintain the confidentiality of your password and account details. Furthermore, you are entirely responsible for any and all activities which occur within your account which do not occur as a result of our negligence. You agree to immediately notify us of any unauthorised use of your account or any other breaches of security known to you. |
| 3 |
USE OF THE WEBSITE |
| 3.1 |
Availability of the Website
| 3.1.1 |
We will use our reasonable endeavours to make the Website available for you to access over the internet. You are responsible (at your own cost and expense) for providing internet access and any equipment and software necessary for you to access the Website. |
| 3.1.2 |
From time to time the Website may be unavailable if we carry out routine maintenance and repairs or due to the unavailability or failure of the internet. We do not give any promise that the Website or the service it provides will be available for you to access, will continue uninterrupted or error-free or will remain unchanged. |
| 3.1.3 |
We shall not be liable to you or to any other person in the event that all or any part of the Website is unavailable, discontinued, modified or changed in any way. |
| 3.1.4 |
We reserve the right to suspend or cancel all or any part of the Website at any time without notice. |
|
| 3.2 |
Copyright
| 3.2.1 |
All material on the Website is protected by copyright and all intellectual property rights in the Website, its design and content are owned exclusively by us or our licensors. You may view pages of the Website on screen and may print or download extracts of them for your own personal use. You may not provide such extracts to any third party except to the extent (if any) to which you are entitled to do so as part of any Services (as defined below). |
| 3.2.2 |
No part of the Website may be reproduced, transmitted to, or stored on any other website or in any other form of electronic medium without our express written consent. |
|
| 3.3 |
Content of the Website
| 3.3.1 |
We will use our reasonable endeavours to ensure that the information on the Website is accurate and complete. We do not however give any promises about the accuracy or completeness of that information. |
| 3.3.2 |
The Website includes details of services provided by us which includes without limitation a downloadable discovery bar ("Services"). Your use of the Services may be subject to additional or separate terms and conditions. We will provide the Services with reasonable skill and care, but do not give any other express or implied promises about the Services (including without limitation relating to fitness for purpose or non-infringement), which shall be excluded to the maximum extent permitted by law. This does not affect your statutory rights. |
| 3.3.3 |
The Website includes content, services and hypertext links to websites owned, operated, controlled and/or provided by third parties ("Third Party Content"). Your use of any Third Party Content may be subject to the relevant third party’s terms and conditions, and it is your responsibility to make yourself aware of those terms and conditions. We will not necessarily see or be aware of any enquiries that you submit to any third parties who provide Third Party Content. |
| 3.3.4 |
One of the Services provided by us enables you to search for Third Party Content. Such a search may produce results and links to Third Party Content that some people find objectionable, inappropriate, or offensive and we cannot guarantee that such a search will not locate unintended or objectionable Third Party Content. |
| 3.3.5 |
Other than personally identifiable information which identifies a living individual to which it relates (which will be used in accordance with our privacy policy) any material which you post on the Website ("Material") will be considered non proprietary and non confidential. By posting Material you automatically grant, and you represent and warrant that you have the right to grant, to us, a worldwide, non-exclusive, perpetual, royalty-free, non-revocable, fully paid-up licence to use, display, reproduce, distribute, modify, alter, adapt and transmit such Material through any media channel in any manner in whole or in part whether now or in the future. Also, you grant us the right to sub-license such Material to other users of the Website to view and copy such information for personal use. |
| 3.3.6 |
We have no control over or proprietary interest in any Third Party Content. We do not give any promises about the quality, security, integrity, accuracy or any other aspect of any Third Party Content, and exclude any and all liability arising from your use of them. |
|
| 3.4 |
Use of the Website
| 3.4.1 |
We grant you a non-exclusive, revocable and personal licence to view and copy the material on the Website solely for your personal use. You shall not use this licence in connection with any commercial endeavour, including but not limited to the collection of usernames and/or email addresses of members for the purposes of sending unsolicited emails and unauthorised linking to the Website. The licence is terminable by us at any time without notice. |
| 3.4.2 |
You must not display any Material that is unlawful or which incites or encourages the contravention of any law, that is defamatory of any person, entity or organisation, that is pornographic, obscene, vulgar or profane, offensive, abusive, threatening, intimidating or hateful on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or that is otherwise likely to be harmful to those persons likely to use the Website or otherwise offensive in our sole opinion. |
| 3.4.3 |
We reserve the right to edit or delete any Material provided by you including, without limitation, any Material which contravenes these Terms. |
| 3.4.4 |
You must not:
| (a) |
knowingly introduce any viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful; |
| (b) |
submit any Material that constitutes advertising or promotional material or is otherwise related to the conduct of any business; |
| (c) |
attempt to gain unauthorised access to the Website, the server on which the Website is hosted or any server, computer or database connected to the Website; |
| (d) |
attack our Website via a denial-of-service attack or a distributed denial-of service attack. |
| (e) |
use the Website in any manner that could damage, disable, or impair the Services in any way. |
| (f) |
use the Website in any way which might interfere with any other party's use and/or enjoyment of the Services. |
If you breach this provision you may be committing a criminal offence under the Computer Misuse Act 1990. We may report any such breach to any relevant authorities and we will co-operate with them. |
| 3.4.5 |
Subject to obtaining our prior written consent, you may include a hypertext link to our home page on any website owned by you, provided that:
| (a) |
you do so in a way that is fair and legal and does not damage our reputation or take advantage of it; |
| (b) |
you must not do so in such a way as to suggest any form of association, approval or endorsement on our part where none exists; |
| (c) |
we may withdraw consent for you to do so at any time. |
|
|
| 4 |
OUR PRIVACY POLICY |
| 4.1 |
Personal Information
| 4.1.1 |
When you use the Website and/or the Services you may provide us with personal information about you such as your name, address, fax and telephone numbers and email address ("personal information"). We are committed to protecting your privacy, and will use your personal information in accordance with the Data Protection Act 1998. |
| 4.1.2 |
You are entitled to ask for a copy of your personal information at any time by contacting us at the address above. We may charge you a small fee for this. You are entitled to ask us to correct or update your personal information at any time by contacting us at the address above. |
| 4.1.3 |
You consent to us (and our representatives) using your personal information to:
| (a) |
provide the Services to you; |
| (b) |
deal with your queries; and |
| (c) |
for the purposes of record keeping. |
|
| 4.1.4 |
You consent to us (and our representatives) providing your personal information to any providers of Third Party Content for them providing to:
| (a) |
provide the Services and/or Third Party Content to you; |
| (b) |
deal with your queries; and |
| (c) |
for the purposes of record keeping. |
|
| 4.1.5 |
You consent to us (and our representatives) transferring your personal information to:
| (a) |
any third party if that third party acquires substantially all of our assets; and |
| (b) |
any countries outside the UK provided that similar levels of data protection as in the UK shall apply to your personal information. |
|
| 4.1.6 |
You consent to us contacting you from time to time to tell you about our goods and services similar to the ones that you have enquired about. If you do not want us to do so you can "opt out" by indicating this when you submit your personal information to us or by emailing us at any time at the address above or shown in any information that we send to you. |
| 4.1.7 |
We and selected third parties may wish to contact you (including by post, by email or other means) from time to time to tell you about other goods and services. If you do want us to do so you can "opt in" by indicating this when you submit your personal information to us or by emailing us at any time at the address above or shown in any information that we send to you. |
|
| 4.2 |
"Cookies"
| 4.2.1 |
Certain parts of the Website use "cookies" to keep track of your visit and to help you navigate between sections. A cookie is a small data file that certain websites store on your computer's hard-drive when you visit them. They can contain information such as your user ID and the pages you have visited. The only personal information a cookie contains is information you have supplied yourself. |
| 4.2.2 |
We use cookies on the Website to enable us to deliver content that is specific to your interests and gives us an idea of which parts of the Website you are visiting. Our cookies do not read data from your computer's hard-drive or read cookies created by other websites that you have visited. This means that your visit will be tracked, but that to all intents and purposes you remain anonymous. |
| 4.2.3 |
The use of Third Party Content may result in third parties sending their own cookies to you or collecting data or soliciting personal information from you we take no responsibility for the activities of these third parties and the Third Party Content. |
| 4.2.4 |
If you wish to configure your browser not to accept cookies please see www.allaboutcookies.org for details. |
|
| 4.3 |
Security
The Website has numerous security measures in place to protect the loss, misuse and alteration of information under our control, such as passwords and firewalls. We cannot, however, guarantee that these measures are, or will remain, adequate. We do, however, take data security very seriously and will use all reasonable endeavours to protect the integrity of the information you provide. |
| 5 |
QUERIES
We will use our reasonable endeavours to promptly deal with any enquiry that you submit to us about the Website. However, we do not promise that your enquiries will be dealt with within the timescale you require. |
| 6 |
LIABILITY |
| 6.1 |
YOU AGREE THAT THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND, AS SUCH, ANY USE OF THE WEBSITE OR THE SERVICES IS ENTIRELY AT YOUR OWN RISK. WE DISCLAIM ALL REPRESENTATIONS (OTHER THAN FRAUDULENT MISREPRESENTATION), WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER ORAL OR WRITTEN, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE WEBSITE, SERVICES AND THESE TERMS. |
| 6.2 |
WE SHALL NOT BE LIABLE FOR:
| 6.2.1 |
ANY DIRECT LOSS OR DAMAGE SUFFERED OR INCURRED BY YOU IN RELATION TO YOUR USE OF THE WEBSITE OR THE SERVICES UNLESS, AT THE TIME THAT YOU USED THE WEBSITE OR THE SERVICE, THAT LOSS WAS A REASONABLY FORESEEABLE RESULT OF OUR NEGLIGENCE OR FAILURE TO COMPLY WITH THESE TERMS; |
| 6.2.2 |
ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE IN RELATION TO YOUR USE OF THE WEBSITE OR THE SERVICES; |
| 6.2.3 |
ANY LOSS OR DAMAGE DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL IN RELATION TO YOUR USE OF THE WEBSITE OR THE SERVICES; OR |
| 6.2.4 |
ANY UNAUTHORISED ACCESS TO OR ALTERATIONS OF INFORMATION PROVIDED BY YOU; |
| 6.2.5 |
ANY ARRANGEMENTS ENTERED INTO WITH ANY THIRD PARTY IN CONNECTION WITH ANY INFORMATION PROVIDED BY OR IN CONNECTION WITH THE WEBSITE. |
HOWEVER WE DO NOT EXCLUDE OR LIMIT ANY LIABILITY THE EXCLUSION OR LIMITATION OF WHICH IS NOT PERMITTED BY ENGLISH LAW. |
| 6.3 |
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTION WITH OTHER USERS OF THE WEBSITE AND WE RESERVE THE RIGHT TO MONITOR OR BECOME INVOLVED IN ANY DISPUTES BETWEEN YOU AND ANY OTHER USERS. IF YOU HAVE A DISPUTE WITH ANOTHER USER OF THE WEBSITE, YOU WILL INDEMNIFY, DEFEND AND HOLD US HARMLESS FROM ALL AND ANY LOSSES, LIABILITIES, CLAIMS, DAMAGES, EXPENSES AND/OR COSTS (INCLUDING LEGAL FEES) MADE OR INCURRED AS A RESULT OF SUCH DISPUTE. |
| 6.4 |
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US HARMLESS FROM ALL AND ANY LOSSES, LIABILITIES, CLAIMS, DAMAGES, EXPENSES AND/OR COSTS (INCLUDING LEGAL FEES) MADE OR INCURRED BY ANY THIRD PARTY IN CONNECTION WITH YOUR USE OF THE WEBSITE OR THE SERVICES. |
| 7 |
GENERAL |
| 7.1 |
The remedies available to either you or us under the Terms shall not exclude or limit any other rights that you or we may have against each other. Any failure by us to enforce any of our rights under these terms shall not affect our right to enforce them at a later date. |
| 7.2 |
If any provision or right under the Terms is found to be invalid or unenforceable then the remaining provisions or rights under the Terms shall be unaffected as if the invalid or unenforceable part did not exist. |
| 7.3 |
The Terms contain all the terms and conditions between you and us regarding your use of the Website and the Services. No other terms and conditions or promise shall be taken to have been given or implied into the Terms except as implied by law. This does not affect your statutory rights. |
| 7.4 |
We may assign, transfer, mortgage, charge, sub-contract, sub-licence or otherwise dispose of the whole or any part of the Terms without your prior written consent. Nothing in the Terms will give any right or benefit to any person who is not a party to them. You may not assign the whole or any part of the Terms without our prior written consent. |
| 7.5 |
We reserve the right to terminate your account and/or the Services at any time without notice in which case you shall not be entitled to a refund of any unused portion of subscription fees, should any exist. |
| 7.6 |
We reserve the right to change the Terms at any time without prior notice to you. |
| 7.7 |
Even though any contract between you and us relating to your use of the Website and/or the Services is concluded over the internet, you and we agree that it has been concluded in England in writing. Any such contract will is governed by English law and you and we each hereby accept the exclusive jurisdiction of the English courts. |
