AMV LIVE MUSIC LIMITED WEBSITE TERMS AND CONDITIONS
1. GENERAL USE OF THE SITE
1.1. You may browse the Site without registering but in doing so you accept and agree that certain areas of the Site (for example, if you wish to upload Content to the Site) will not be available to you unless you register with the Site. You will be asked if you wish to register each time you try to access any part of the Site that requires registration. To register to the Site you will be asked to provide certain information about yourself; this is more particularly set out below.
1.2. We, in our sole discretion, will have the right to refuse to allow you to register to the Site. We will have the right to carry out those checks that we, in our sole discretion, deem appropriate to confirm your suitability for registration of the Site.
1.5. You hereby represent and warrant: (i) you have the full power and authority to enter into and perform under these Terms, (ii) your use of the Site (including but not limited to your uploading of Content) will not infringe the copyright, trademark, right of publicity or any other legal right of any third party, and (iii) you will comply with all applicable laws and regulations in using the Site and in engaging in all other activities arising from, relating to or connected with these Terms.
1.6. In order for you to browse and/or use the Site your computer must comply with the minimum technical specifications set out within the Site’s Help page, as they may be amended from time to time (and if so we will notify you of any such changes by posting a notice on the home page). We do not accept any liability whatsoever, howsoever arising, for your inability to receive, access, play or otherwise use the Site or any content contained on the Site or available through the Site, or for any damage caused to your computer and/or associated systems, resulting from the incompatibility of your computer and/or its associated systems with the technical specifications posted on the Site.
1.7. The Site is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Site or because of a failure, suspension or withdrawal of all or part of the Site.
1.8. You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses (including legal fees) suffered by us and arising out of any breach of these Terms by you or any other liabilities arising out of your use of the Site, or the use by any other person accessing the Site using your computer or internet access account.
1.9. We have the right, but not the obligation, to monitor any activity associated with the Site and/or any Content posted on to the Site. We may investigate any reported violation of these Terms or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing Content from the Site)
2. CONDUCT AND USE OF THE SITE
2.1 You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or its content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.
2.2 You may not attempt to gain unauthorised access to any portion or feature of the Site, or any other systems or networks connected to the Site, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.
2.3 You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of ours, including any account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
2.4 You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
2.5 You shall not use the Site for any illegal or immoral purposes, and you will use it in compliance with all applicable laws and regulations. You agree not to use the Site in a way that may cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Site is in any way impaired.
2.6 Notwithstanding any other provisions of these Terms, you shall not (i) impersonate any person or entity or misrepresent your affiliation with a person or entity; (ii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content uploaded to the Site; (iii) make available, introduce into or direct to the Site any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; (v) violate any applicable local, state, national or international law, rules or regulations; (vi) "deep link" to any portion of the Site; (vii) use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorized purpose without our prior express written permission; (viii) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; (ix) display any of the Site in a frame (or any of our content via in-line links); (x) engage in any activity that interferes with any third party's ability to use or enjoy the Site; and/or (xi) assist any third party in engaging in any activity prohibited by these Terms.
3. UPLOADING CONTENT TO THE SITE
3.1 We do not own nor claim to own copyright or other intellectual property rights in any Content that you provide or upload to the Site. After posting your Content to the Site, we acknowledge that you retain all such rights in such Content and may use that Content in any way you choose. By uploading, displaying, publishing, posting or otherwise making available Content on or via the Site, you hereby grant to us a limited license to (i) display, view, download, copy, reproduce and distribute such Content solely via the Site, (ii) copy or otherwise duplicate such Content (or any part of such Content) in order to promote you and/or your Content to third parties, provided we shall only do so for non-commercial, promotional purposes; and/or (iii) otherwise for our own internal and solely non-commercial use and solely in accordance with all these Terms. If you wish us to take down or remove Content you have submitted, please send an email to email@example.com giving your name and password and setting out the Content to be taken down.
3.2 Only we will be able to use Content in the manner set out in these Terms, and for the avoidance of doubt no other person who has registered with the Site and/or any other browser of the Site will be able to see, access or use Content you submit. We shall not otherwise sell, distribute, send or otherwise make available Content you upload to the Site (whether via the Site or by any other means) to any third party without your prior written approval. The license you grant to us is non-exclusive (meaning you are free to license your Content to anyone else), fully-paid and royalty-free (meaning that we are not required to pay you for the Content that you post on the Site). This license will terminate at the time you remove your Content from the Site.
3.3 You represent and warrant that (i) you own the Content posted by you on or through the Site or otherwise have the right to grant the license set forth in this section; and (ii) the posting of your Content on or through the Site, and our use of that Content in accordance with these Terms, does not violate any rights (including, but not limited to, the copyright and/or other intellectual property rights) of any third party.
3.4 You shall fully and effectively indemnify and hold harmless us on demand from and against all claims, demands, losses, costs, charges and expenses (including, without limitation, legal expenses) arising from a claim by a third party that the provision by you of, or our authorised use of, the Content (in whole or in part) infringes any rights (including, but not limited to, the copyright and/or other intellectual property rights) of any third party.
3.5 We reserve the right to refuse to receive or post, and/or we reserve the right to remove, delete, modify and/or withdraw (temporarily or permanently) any Content that in our sole judgment violates these Terms or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person, including (but not limited to) Content that (i) is abusive, threatening, obscene, defamatory or libellous or otherwise patently offensive and/or promotes racism, bigotry, hatred or physical harm of harassment of any kind against any group or individual; (ii) does or may denigrate or offend any ethnic, racial, gender, religious or other protected group, through use of language, images, stereotypical depiction or otherwise (iii) exploits people in a sexual or violent manner; (iv) contains an illegal or unauthorized copy of another person's copyrighted work; (v) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; and/or (vi) contains or advocates criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets, or contains instructional information about any such illegal activities.
3.6 You are solely responsible for the Content that you post on or through any of the Site. We do not endorse and have no control over the Content. We do not review any Content prior to its posting. We make no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you upload or transmit to the Site. We assume no responsibility whatsoever (howsoever arising) for inappropriate Content or Content that is in breach of these Terms.
4. COPYRIGHT AND COPYRIGHT PROTECTION
4.1 Other than in respect of Content, this Site and the underlying computer code used by us to design, operate and maintain the Site and all content and material contained within or available on the Site is protected by rights of copyright, trademarks, service marks, patents, database rights, domain name rights, trade secrets and/or other proprietary intellectual property rights and laws throughout the world. Unless expressly authorised by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from materials or content available on the Site.
4.2 Notwithstanding the above, you may use the content and materials on the Site in the course of your normal, personal, non-commercial use of the Site. You are hereby granted a revocable and non-exclusive licence to create a hyperlink to the Site subject to such hyperlink not portraying Vertigo Management Limited, its licensors or their products in a false, misleading, derogatory or otherwise offensive manner and subject to you not using any logo/trade mark or other proprietary graphic owned and/or controlled by Vertigo Management Limited as part of or in conjunction with the hyperlink.
4.3 Copyright Complaints. We respect the intellectual property of others and we have used our reasonable endeavours to obtain the consent of the copyright owners of all content and material contained within or available on the Site for such content to be placed upon the Site and made available to Site users. If you believe that we have used your copyrighted work without such consent, please contact us so that we may remedy this at firstname.lastname@example.org.
5. MODIFICATION, SUSPENSION AND TERMINATION
We reserve the right, without prejudice to any other rights and remedies available to us under these Terms or generally at law, to suspend or terminate your registration and/or use of the Site immediately upon being made aware of any breach or potential breach by you of these Terms. We further reserve the right at any time to suspend, modify or discontinue, temporarily or permanently, any portion of the Site with or without prior notice. You agree that we will not be liable to you or to any third party for any suspension, modification or discontinuance.
6. WARRANTIES AND LIMITATION OF LIABILITY
6.1 YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE NATIONAL AND INTERNATIONAL LAW. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
6.2 We do not warrant or represent that: (i) the Site will meet your requirements, (ii) access to the Site will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Site will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations, or that (v) any errors in any data or software will be corrected.
6.3 You expressly understand and agree that we shall not be liable for, and to the fullest extent permissible by applicable national and international law we hereby exclude or limit our liability in respect of, any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Site; (ii) unauthorised access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on the Site; or (iv) any other matter relating to the Site.
6.4 We are not responsible for the availability of any external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
7. GENERAL LEGAL PROVISIONS
7.1 We may amend these Terms from time to time, and place the new version on the Site. When we do so, we will place a notice advising that the Terms have been changed on the Site’s homepage at www.amvlivemusic.com/home. Your use of the Site from the date that the amended terms are placed on the Site onwards will be governed by those new terms.
7.2 We may alter these Terms at any time and your use of the whole/any part of the Site following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms have been changed. If you do not agree to any change to the Terms then you must immediately stop using the Site
7.3 These Terms shall supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between us and you relating to your purchase. We advise that you print off and keep safe a copy of these terms and conditions once your order has been accepted by us. You are further advised to read (and are responsible for reading) all information on this website fully.
7.4 If any provision(s) of these Terms are held to be invalid or unenforceable, it/they will be struck out and the other terms remain.
7.5 These Terms are subject to the laws of England and Wales, whose courts shall be the courts of exclusive jurisdiction.