Date of last revision June 14, 2008
Welcome to Freshdisko. The Freshdisko service and network (collectively, "Freshdisko", “the Site” or "the Service") are operated by Simon Mainwaring and corporate affiliates (collectively, "us", "we" or "the Business"). By accessing or using our web site at www.freshdisko.com you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of Freshdisko. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Registration Obligations and Age Restrictions In order to use Freshdisko or certain parts of it, you may be required to register a user account; in this case, you agree to provide truthful information (“Registration Details”) when requested. You agree to maintain the Registration Details and any other information you provide to the Business and keep it current and up to date. If a minimum age is required for eligibility for a user account, you undertake that you are at least the required age.
Account and Password You are responsible for maintaining the confidentiality of your User account password, and you will be responsible for all usage of your User account and/or User name, whether authorised or not authorised by you. You agree to immediately notify the Business of any unauthorised use of your User account, User name or password.
Proprietary Rights in Site Content; Limited License All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Business, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Business's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorised herein, without the prior written permission of the Business, is strictly prohibited and will terminate the license granted herein. Such unauthorised use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
User Posted Content You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("the Content"), made available publicly or privately, will be under the sole responsibility of the person providing the said content, or of the person whose user account is used. You warrant and represent that you have all legal, moral, and other rights that may be necessary to grant the Business the license specified in this section. The Business does not claim ownership of the Content, however, in consideration for the Site to agreeing to receive the Content, you agree to grant the Business a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) of the Content to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part for the purpose of displaying and promoting the Content and/or the Business and the Service. Such license will apply with respect to any form, media and technology already known at the time of provision or developed subsequently. You acknowledge and agree that the Business will have the right (but not obligation), at the Business’ entire discretion, to refuse to publish, or to remove, or to block access to the Content you provide, at any time and for any reason, with or without notice.
Copyright Infringement We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Site or the Services any materials that violates another’s intellectual property. If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, please contact us via email at
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
.
Privacy Policy Registration data and other personally identifiable information that the site may collect is subject to the terms of Freshdisko’s Privacy Policy.
User Conduct You understand that except for advertising programs offered by us on the Site (e.g., Coming Up and Buy Sell or Swap Forums, Club Guide), the Service and the Site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libellous, defamatory or otherwise unlawful material.
In addition, you agree not to use the Service or the Site to:
- provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libellous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of the Site or the Service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;
- impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
- collect or harvest any information about other users or users email address’.
- provide any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorised advertising or commerce; you will not use this web site to promote or operate any service or content without the site editor's prior written consent;
- provide any content that may give rise to the Site or the Business being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including, but not limited to, laws relating to copyrights, trademarks, patents, or trade secrets;
- register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
Third Party Services Goods and services of external websites (“Third Party Sites”) may be advertised and/or may be made available on or through the Site and the Service. Representations made regarding products and services provided by Third Party Sites will be governed by the policies and representations made by these Third Part Sites. The Business will not in any manner be liable for or responsible for any of your dealings or interaction with Third Party Sites.
User Disputes You are solely responsible for your interactions with other Freshdisko users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
Discontinuance The Services provided to you on and via the Site are provided on an "AS IS" basis. You agree that the Business reserves the right to modify or discontinue provision of the Site and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you. The Business will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.
Disclaimers The Business is not responsible or liable for any User Content or Third Party Sites Content. You agree that the Site may expose you to content that may be objectionable or offensive and that the Business will not be responsible to you in any way for content displayed on the Site, nor for any error or omission.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND OF ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU "AS IS", AND THE BUSINESS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE BUSINESS MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER THE BUSINESS NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THE SITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT FRESHDISKO WILL NOT BE HELD LIABLE IN ANY WAY.
The Business reserves the right to change any and all content, software and other items used or contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Business.
LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE BUSINESS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE BUSINESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (III) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES.
Termination The Business may terminate your membership, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you do not meet the required age.
Indemnification You agree to indemnify and hold harmless the Site, the Business and associated representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with the Site or the Business, your provision of content, your violation of these Terms of Use, or any other violation by you of the rights of another person or party.
Miscellaneous Information (i) In the event that any provision of these Terms of Use is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain valid and applicable; (ii) The failure of either party to assert any right under these Terms of Use will not be considered to be a waiver of that party's right, and the said right will remain in full force and effect. (iii) You agree that any claim or cause in respect of the Site or its services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation. (iv) The Business may assign the Business’s rights and obligations under these Terms of Use; in this event, the Business will be relieved of any further obligation.
|
