In these terms and conditions, “we“, “our” and “us” means Embark Ideas Ltd (company number 08348720), whose registered office is at 25 Amberlands Close, Backwell, Bristol, BS48 3LW.
2. Access to the Website and content
2.1 We will endeavour to allow uninterrupted access to the Website, but access to the Website may be suspended, restricted or terminated at any time. 2.2 We reserve the right to change, modify, substitute or remove without notice any information on the Website from time to time. 2.3 Weassume no responsibility for the contents of any other websites to which the Website has links.
3. Intellectual Property
3.1 The copyright in the material contained in theWebsite, together with the Website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software (including applets) belongs to or is used under licence by Embark Ideas Ltd, our subsidiaries or the providers of such information. All rights are reserved. None of this material may be reproduced or redistributed without our written permission. You may, however, download or print a single copy for your own non-commercial off-line viewing.
3.2 “My Action Replay” and the re:reel logo are registered trade marks of Embark Ideas Ltd. Other product and company names mentioned on this Website may be the trademarks or registered trade marks of their respective owners.
3.3 We acknowledge and agree that all copyright and any other intellectual property rights in any content (including but not limited to any videos) submitted to the Website shall be owned by the person or entity who uploads such content.
3.4 You grant us a world-wide, perpetual, irrevocable, exclusive, assignable, royalty-free licence to use, reproduce, exploit (for advertising purposes or otherwise), modify, alter, prepare derivative works of, integrate with other works without restriction any content that you upload to the Website in any manner.
4. Exclusions of liability
4.1 We use reasonable endeavours to ensure that the data on the Website is accurate and to correct any errors or omissions as soon as practicable after being notified of them. We do not monitor, verify or endorse information submitted by third parties for posting on the Website and you should be aware that such information may be inaccurate, incomplete or out of date. To the extent permitted by applicable law, we disclaim all warranties and representations (whether express or implied) as to the accuracy of any information contained on the Website. We do not guarantee that the Website will be fault free and do not accept liability for any errors or omissions.
4.2 Due to the nature of electronic transmission of data over the internet, and the number of users by whom data is posted on to the Website, any liability we may have for any losses or claims arising from an inability to access the Website, or from any use of the Website or reliance on the data transmitted using the Website, is excluded to the fullest extent permissible by law. Nothing in these terms and conditions shall limit our liability for: (i) death or personal injury caused by our negligence; (ii) our fraud or wilful default; and (iii) any other liability which cannot by law be limited or excluded. In no event shall we be liable for any indirect loss, consequential loss, loss of profit, data, revenue, business opportunity, anticipated savings, goodwill or reputation whether in contract, tort or otherwise arising out of or in connection with this agreement or use of the Website save where such liability cannot be excluded by law.
4.3 Save as provided in section 4.2 our total liability to you will not exceed £100.
4.4 We do not give any warranty that the Website is free from viruses or anything else which may have a harmful effect on any technology.
5. Third Party Links and Resources in our Website
5.1 Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.
6. Data submitted by users
6.1 We accept no liability for data supplied by any user (whether or not for display on the Website) or any content (including but not limited to any videos) uploaded to the Website by venues and the limitations in condition 4 above (Exclusions of liability) apply.
6.2 If you submit data on the Website you are responsible for ensuring that the data is accurate, complete and up to date and for updating that data where necessary.
6.3 You are responsible for ensuring that no data or content (including but not limited to any videos) is uploaded or submitted to the Website which is untrue, defamatory, obscene or abusive or otherwise objectionable or in breach of any applicable laws or rights of third parties.
6.4 We reserve the right (without limiting our rights to seek other remedies) to remove offending content (including but not limited to any videos) placed on the Website.
6.5 You warrant that you have taken all reasonable precautions to ensure that any data you upload or otherwise submit to the Website is free from viruses and anything else which may have a contaminating or destructive effect on any part of the Website or any other technology. 6.6 You will indemnify us for any claim or loss (including without limitation, economic loss) suffered by us arising out of your failure to observe any of the terms of this section 6.
7. User name and password
7.1 On registering with us, you may be issued with a user name and password which may be necessary to access certain restricted parts of the Website. The user name and password are personal to you and are not transferable. 7.2 Your name and password are the methods used by us to identify you and so are very important. You are responsible for all information posted on and content upload to the Website by anyone using your user name and password. Any breach of security of a user name and password should be notified to us immediately. 7.3 You may not adapt or circumvent the systems in place in connection with the Website, nor access the Website other than through normal operations
8. Data protection
9.1 The Website is provided on an ‘AS-IS’ basis without any guarantee that access to the Website will be available at any particular time or without delay or interruption or that the data will be complete, accurate, up-to-date or fault free.
9.2 Any use or reliance on the Website is entirely at your own risk and we exclude all conditions, warranties, representations or other terms which may apply to the Website or the data, whether express or implied, to the fullest extent permitted by law.
9.3 You are responsible for ensuring that your use of the data and Website in compliance with these terms is suitable for your own requirements and compatible with your systems. We accept no liability for any viruses, other malicious programs and/or harmful code which may exist in the data or the Website or for any claims by any third party that the data or the Website infringes their rights.
10.1 We may suspend, restrict or terminate your right to access the Website for any reason immediately upon written notice at any time.
10.2 We may remove data and content (including but not limited to any videos) from the Website for any reason and at any time without notice.
10.3 All disclaimers, indemnities and exclusions in these terms and conditions shall survive termination of the agreement between us for any reason.
11.1 If any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected.
11.2 We may modify these terms and conditions at any time by publishing the modified terms and conditions on the Website. Any modifications shall take effect 3 days after posting on the Website.
12. Governing law
12.1 These terms and conditions shall be governed by and construed in accordance with English law.
12.2 Any disputes shall be subject to the exclusive jurisdiction of the English courts, to which both parties submit.