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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 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 Limited its associates,
assignees, licensees or sub-licensees thereof ("Flextech
Television Limited"). The copyright in the text, artwork,
graphics and images on the Web Site is owned by Flextech 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 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 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
Limited at all times; (i) and acknowledges that Flextech 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
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 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
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 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) whether the Web Site or the Information
is Year 2000 compliant; (d) the suitability of the advertisements
on the Web Site or the other web sites which may be accessible
from the Web Site;
4.3 Flextech 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;
(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 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 it
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 Limited in any manner it
sees fit (to include the sale thereof to third parties for
commercial purposes) and without prior notification to the
User. The User may decline to have its details used in this
way, in which case it should email the webmaster. In addition
to the foregoing, please note that all message board and chatroom
communications are moderated by our chosen third party moderator,
Granada Media Group Limited, who may be contacted via the
"Contact Us" link within the forum pages.
7. Amendments to Terms and Conditions
Flextech Television Limited reserves the right to change and
amend these Terms and Conditions from time to time. The Users
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 Virgin MediaTelevision 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
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
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 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 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.
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