This document governs the relationship between you and MusFlashTV when you use our online services.
TERMS OF SERVICE
We provide our Service to you subject to the following terms and conditions. You must read the terms and conditions of this Agreement before using the Service. By using the Service you agree to be bound by the terms and conditions set out below which may be updated by us from time to time. In addition, when using particular Services, you shall be subject to any additional guidelines and rules applicable to such Services which may be posted by us from time to time. All such guidelines and rules are hereby incorporated by reference into this Agreement. In the case of any inconsistency between any such guideline or rule and this Agreement, the guideline or rule shall prevail. If you do not wish to be bound by these terms and conditions, you may not use the Service.
1 DEFINITIONS
“Agreement” means the terms and conditions set out herein;
“Information” means all material posted and delivered by us through the Website;
“Registration Form” means the form you must complete in order to register on the Website, receive newsletters, participate in any online competition via the Website and/or register your details on the Website for any other reason;
“Registration Information” means all personally identifiable information collected by us when a user registers on the Website and/or participates in any online competition via the Website and/or registers for any other reason;
“Service(s)” means the provision by us to you of access to the Information through the Website;
“we”, “us”, “our” means MusFlashTV of Brycbox House, Cocks Crescent, New Malden, KT3 4TA
“Website” means the website situated at url www.musflashtv.com; and
“you”, “your”, “yourself” means you, the Service end-user.
2 REGISTRATION, PASSWORD, SECURITY AND USE
To sign up to receive newsletters and to access all areas of the Website, you must complete the online registration process by clicking on the “Register” button and providing us with true, accurate, current and complete information about yourself (as prompted by the Registration Form). You will need to submit various details including your name and email address and choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and other account details. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to:
(a) notify us immediately of any unauthorised use of your account or any other breach of security; and
(b) exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph
2. If you provide any information that is untrue, inaccurate, or not current or complete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, or not current or complete, we have the right to suspend or terminate your access to those parts of the Service requiring registration.
You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that message board postings or other uploaded content will be retained by the Website and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that we have no responsibility or liability for the deletion of or failure to store any messages and other communications or other content maintained or transmitted by the Service. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
Please see our privacy policy by clicking here.
2 DISCLAIMER OF WARRANTIES
The Service is provided on an “as is” and “as available” basis and we make no warranties or representations, whether express or implied, in relation to the Service, including but not limited to implied warranties or conditions of completeness, accuracy, satisfactory quality and fitness for a particular purpose.
You acknowledge that: (a) it is technically impossible to provide the Service free of faults and that we do not undertake to do so; (b) faults may lead to temporary unavailability of the Service; (c) the results that may be obtained from the use of the Service may include inaccuracies or typographical errors; and (d) the operation of the Service may be adversely affected by conditions and performances outside our control, including without limitation, transmission and telecommunications links between us and you, between different parts of our network and between us and other systems and networks.
You further acknowledge that some of the information, for example software, is supplied to us by third parties under their terms and conditions and accordingly we offer no warranty of whatever nature in relation to such information.
Furthermore, whilst we make every effort to test and check Information and content on the Website, we recommend that you run anti-virus programs on any Information and/or content obtained via the Service.
3 LIMITATION OF LIABILITY
You agree that, except for death and personal injury arising from our negligence, we shall not be liable in contract, tort, negligence, statutory duty or otherwise, for any loss or damage whatsoever arising from or in any way connected with this Agreement or the use or performance of the Service or related Website, including without limitation, damages for loss of business, loss of profits, business interruption, loss of business information, or any other pecuniary loss (even where we have been advised of the possibility of such loss or damage).
4 RIGHTS GRANTED/ RIGHTS RESERVED
We provide the Information to you solely for your review and you may download the Information onto only one (1) computer hard drive for such purpose. The Information may not be used for any other purpose including without limitation, publication, reproduction or transmission without our express written permission. Should you download Information, the ownership of which is with and is expressly credited to a third party, such written credits must not be removed or altered in any way.
You agree not to copy, modify, create a derivative work, reverse engineer, reverse assemble or otherwise attempt to discover the source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in the Information.
5 USER CONDUCT
You undertake not to use the Service:
(a) for any unlawful purpose;
(b) in any way so that the Service is interrupted, damaged, rendered less efficient or the functionality of the Service is in any way impaired;
(c) in any way that may damage or disrupt another user’s computer;
(d) for the transmission, uploading or posting of any computer viruses or any harmful or deleterious files or programs;
(e) to transmit, upload or post any material which is defamatory, offensive, racist, vulgar, libelous or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety;
(f) as a means to threaten, stalk, harass, abuse, or otherwise insult other users or to collect or store personal data about other users;
(g) in a manner which constitutes a violation or infringement of any person, firm or company’s rights (including, but not limited to, rights of copyright or confidentiality);
(h) to transmit any material for the purposes of publicity, promotion and/or advertising without our prior written consent;
(i) to create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message, including, but not limited to impersonating a MusFlashTV employee, manager, host or another user; or
(j) to transmit, upload, post or otherwise make available any solicited or unauthorized advertising, promotional materials, “junkmail”, “spam”, “chain letters”, “pyramid schemes” or any duplicative or unsolicited messages.
In the event that the Website is reconfigured to accept the posting of content directly from you or any third party on the Service we shall not control such content and as such, do not guarantee the accuracy, integrity or quality of such content. You acknowledge that we shall not monitor or pre-view any content posted via you or other users of the Service, but that we shall have the right (but not the obligation) to refuse access to or move any content made available via the Service.
Under no circumstances will we be liable in any way for any content or any damage incurred as a result of you accessing any content posted or otherwise transmitted via the Service.
6 INTELLECTUAL PROPERTY
You acknowledge that all copyright, logos, trade marks and all other intellectual property rights in the Service, Information and Website shall remain vested in us or our licensors. You may download our logos via the Website, but only with the prior written consent of an authorised representative, who will give you a password enabling you to complete the download.
7 SUSPENSION AND TERMINATION
We shall have the right to immediately terminate this Agreement and/or suspend your access to the Service if you commit a breach of these terms and conditions.
8 OTHER WEBSITES
This Website may contain links to other websites which are not controlled by us. This Agreement only applies to your use of this Website and the Service and we shall not be responsible for any content on any other websites. Any link to any other website does not amount to an endorsement of that website or its content.
9 CHANGES TO THE TERMS AND CONDITIONS AND THE SERVICE
We reserve the right to change the terms and conditions of this Agreement from time to time by placing a note of such change in this file, and your continued use of the Service following notice of such change shall be deemed to be your acceptance of any such change. It is your responsibility to check this file regularly to determine whether this Agreement has been changed. If you do not agree to any change in the terms and conditions of this Agreement then you must immediately stop using the Service. We also reserve the right to change and update the Service from time to time.
10 SEVERABILITY
Each provision of this Agreement excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one (1) or other of those provisions is held to be inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the termination of this Agreement.
11 NO WAIVER
No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.
12 CHOICE OF LAW AND JURISDICTION
This Agreement shall be governed by English law and the parties hereby irrevocably submit to the exclusive jurisdiction of the English courts.
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