Terms and Conditions
Terms and Conditions
All Users must read the Terms and Conditions set out below
before accessing and using this Web Site. By accessing and
using this Web Site you agree to be bound by the Terms and
Conditions set out below. If you do not wish to be bound
by these Terms and Conditions you should not access or use
the Web Site.
1. Definitions
"Agreement" means these terms and conditions under which
you agree to be bound in the event you access or use this
Web Site. "Disclosed Information" means any and all material
disclosed by the User. "Information" means any and all material
contained in this Web Site which is delivered by or on behalf
of Flextech Television Ltd Television Limited or any associates
thereof. "User" means you, the Web Site User. "Web Site"
means this web site.
2. Rights
The Information contained on this Web Site is owned by,
licensed or authorised to Flextech Television Ltd Television
Limited its associates, assignees, licensees or sub-licensees
thereof ("Flextech Television Ltd Television Limited").
The copyright in the text, artwork, graphics and images
on the Web Site is owned by Flextech Television Ltd Television
Limited except where attributed to an alternative source.
3. Warranties
The User undertakes: (a) that it will only view the Information
for its own private purpose and it will not publish, reproduce,
store or retransmit any of the Information contained in
the Web Site; (b) acknowledges and understands the exclusion
of liability and disclaimer provisions contained in Clause
4; (c) not to use the Information or the Disclosed Information
for any unlawful or unauthorised purpose; (d) that it shall
not use or interfere with the Web Site, the Information
or the Disclosed Information other than in accordance with
this Agreement and without limitation in such a way so that
all or part of the Web Site, the Information or the Disclosed
Information is or could be interrupted, reproduced, stored,
retransmitted, published, damaged, rendered less efficient,
corrupted or in anyway impaired; (e) not to use the Web
Site, the Information or the Disclosed Information in any
manner which constitutes an infringement of any third party
rights (including but not limited to rights of copyright
trade mark or confidentiality); (f) that it shall not use
the Web Site to transmit any material for the purposes of
publicity, promotion and/or advertising without the prior
written consent of Flextech Television Ltd Television Limited;
(g) that in the event it has any right, claim, or action
against any other User or other third party arising out
of the use of the Web Site it shall pursue such right, claim
or action independently of and without recourse to Flextech
Television Ltd Television Limited; (h) that all intellectual
property rights (including without limitation copyright,
trade marks and all other rights) whatsoever in the Information
and the Web Site shall remain vested in Flextech Television
Ltd Television Limited at all times; (i) and acknowledges
that Flextech Television Ltd Television Limited has no obligation
to provide the Web Site or any Information or to ensure
the User is able to use provide and/or access the Information,
the Disclosed Information and the Web Site; (j) to indemnify
and keep indemnified Flextech Television Ltd Television
Limited against all claims, liabilities, damages, costs
and expenses including legal fees (on a solicitor and own
client basis) arising out of any breach or misuse of the
Information, the Disclosed Information, the Web Site or
of the User's obligations under this Agreement.
4.
Exclusion of Liability/Disclaimer
4.1 Flextech Television Ltd Television Limited provides
the Web Site and the Information on an "as is" basis and
makes no warranty or representation about the availability,
completeness, accuracy, satisfactory quality, merchantability
and/or fitness of the same for a particular purpose. The
advertisers and the advertisements have not been checked
by Flextech Television Ltd Television Limited and any information
submitted or any reliance placed on the same is entirely
at the risk of the User.
4.2 Further, Flextech Television Ltd Television Limited
makes no warranty or representation about; (a) the reliability
or technical efficiency of the Web Site; (b) the security
measures (if any) contained in the Web Site and in particular
the protection afforded to any Information, Disclosed Information
or other information and data; (c) the suitability of the
advertisements on the Web Site or the other web sites (by
hyperlink or otherwise) which may be accessible from the
Web Site; and (d) all third party content accessible by
hyperlink or otherwise on or from the Web Site.
4.3 Flextech Television Ltd Television Limited excludes
all liability (so far as is permitted by law) in respect
of ; (a) any advertisements or other web sites which can
be accessed via the Web Site (by hyperlink or otherwise);
(b) any opinions and expressions made by third parties which
can be accessed via the Web Site or which are contained
in the Information and the Disclosed Information; (c) any
damage to the User, the Users' computer hardware, software
or other material or equipment resulting from the User accessing
or using the Web Site, the Information or the Disclosed
Information.
5. Termination
Flextech Television Ltd Television Limited shall have the
right to terminate this Agreement and/or suspend or terminate
the Information, the Disclosed Information and the Web Site
immediately and without notice to the User. In the event
of termination or suspension the warranties and obligations
of the User shall continue to apply beyond the lifetime
of this Agreement.
6. Data
The User expressly agrees that by accessing the Web Site
he/she agrees that any Disclosed Information, Information
or other data including without limitation the User's name,
address, location and other relevant information relating
to the User can be used by Flextech Television Ltd Television
Limited for those purposes expressly set out in the Web
Site. Please note that Flextech Television Ltd may use the
Disclosed Information for other specific purposes in the
event that the User opts-in, via the registration pages,
to such use. Flextech Television Ltd will only process personal
data and sensitive personal data in accordance with data
protection laws. Please click here to see our Privacy Policy:
http://www.trouble.co.uk/registration/privacypolicy.html
7. Amendments to Terms and Conditions
Flextech Television Ltd Television Limited reserves the
right to change and amend these Terms and Conditions from
time to time. The User's continued use or access of the
Web Site after such change or amendment shall be deemed
to confirm the User's acceptance of any such change or amendment.
It is the User's responsibility to check these Terms and
Conditions regularly to determine whether any such amendment
has been made. If the User does not wish to be bound by
any revised Terms and Conditions it should stop using and
accessing the Web Site.
8. Confidentiality
The User undertakes with Flextech Television Ltd Television
Limited that it will treat as confidential the terms of
this Agreement together with all information (including
without limitation the Disclosed Information and the Information)
whether of a technical or commercial nature or otherwise
relating in any manner to the business or affairs of Flextech
Television Ltd Television Limited as may be communicated
to it hereunder or otherwise in connection with this Agreement
(including without limitation in connection with accessing
the Web Site, the Information and the Disclosed Information)
and will not disclose such information to any person firm
or company (other than to its auditors and other professional
advisers and as part of its normal reporting or review procedure
to its parent company or the shareholders in its parent
company as the case may be) or to the media and will not
use such information other than for purposes of this Agreement
subject always to any prior specific authorisation in writing
by Flextech Television Ltd Television Limited of such disclosure
or use. This obligation shall endure beyond the termination
of this Agreement without limit in point in time except
and until any confidential information enters the public
domain otherwise than through default of the party receiving
the same.
9. Severability
If any provision of this Agreement shall be prohibited by
or adjudged by a court to be unlawful void or unenforceable
such provision shall to the extent required be severed from
this Agreement and rendered ineffective as far as possible
without modifying the remaining provisions of this Agreement
and shall not in any way affect any other circumstances
or the validity or enforcement of this Agreement.
10.
No waiver
No failure or delay on the part of any of the parties to
this Agreement relating to the exercise of any right, power,
privilege or remedy provided under this Agreement shall
operate as a waiver of such right power privilege or remedy
or as a waiver of any preceding or succeeding breach by
the other party to this Agreement.
11. Assignment Flextech Television Ltd
Television Limited may freely charge licence transfer assign
or otherwise dispose of any of its rights or obligations
hereunder. The User shall not be entitled to charge license
transfer assign or otherwise dispose of any of its rights
or obligations hereunder without the prior written consent
from Flextech Television Ltd Television Limited.
12. Entire Agreement This Agreement contains
the full and complete understanding between the parties
and supersedes all prior arrangements and understandings
whether written or oral appertaining to the subject matter
of this Agreement and may not be varied except by an instrument
in writing signed by all of the parties to this Agreement.
13. Jurisdiction This Agreement shall be
governed by and construed in accordance with the laws of
England and Wales the courts of which shall alone be the
courts of competent jurisdiction.