www.avenoirrecords.com("the Website") is owned and operated by Avenoir Limited ("the Company")
TERMS OF SERVICE
Please read the following Terms of Service carefully ("Terms"). This Agreement sets forth the terms and conditions that apply to the use of this Website by the user. Any use of this Website including member registration shall be in accordance with these Terms and by agreement the user shall bear the responsibility for his/her actions. If users do not agree with these Terms, the use of this Website is prohibited.
As part of the Company's on-going commitment to its site visitors and members, the Company welcomes any comments on the Terms, which should be directed to firstname.lastname@example.org.
1. Changes in Terms and Conditions
The Company has the right to change or discontinue any aspect or feature of the Website including, but not limited to, content, hours of availability, and equipment needed for access or use, at any time. The Company has the right to change or modify the terms and conditions applicable to the user's use of the Website or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Website, or by electronic or conventional mail, or by any other means by which the user obtains notice thereof. Any use of the Website by the user subsequent to such notice shall be deemed to constitute acceptance by the user of such changes, modifications or additions.
i. In order to enjoy the full privileges of membership, users will be required to provide the Company with personal information, including some mandatory information. If the user does not provide such information the user will be unable to access a number of the Website features.
ii. Once registered as member, the Company reserves the right (with the registrant's deemed consent) to share any of the registered details with any of its business partners.
iii. Members must notify the Company immediately of any change to personal details by amending their details online in the membership section on the Website. Users can unsubscribe by sending an email to email@example.com and, as soon as is possible, the Company will remove personal details from the direct marketing database. The Company confirms that user's personal information will be dealt with according to the applicable Data Protection legislation and personal information shall only transmitted to third parties with the user's consent.
iv. Users hereby agree to the Company assigning or otherwise transferring personal data in connection with a sale, joint venture or a portion of the Company's or its affiliates assets.
v. The Company shall, at all times, reserve the right immediately to terminate service to any user who has provided false or misleading information or has in any other way breached these Terms.
vi. The Company uses IP addresses to analyse trends, assist with administration of the site, track users' movements and gather information. However, IP addresses are not linked to personal information.
3. Email messages & Chat forums - Content, storage and promotional messages
i. The Company supports the free flow of information and ideas over the Internet and does not actively monitor use of its chat forums or the content of email messages. Similarly, the Company does not exercise editorial control over the content of any Website, electronic mail transfer, news group, bulletin board, chat line or other material created or accessible over or through the Website. Users are responsible for the content of email messages and shall bear consequences of any such messages. The Company reserves the right, where applicable, to terminate when it becomes aware that a user has sent or posted on message boards an unlawful message, or any message which is defamatory, threatening, profane, racially, offensive, obscene or is otherwise objectionable. The Company reserves the right, at its absolute discretion to withdraw such material. Users shall not post or otherwise make available on the site any material, which is not owned by the user without the consent of the owner of the material.
ii. The Company shall assume no responsibility for the deletion of or failure to store email messages.
iii. From time to time, the Company or its business partners may send email messages to registered users containing advertisements. The Company makes no warranty or representation as to the content of such messages or in relation to any goods or services, which may be received, from third parties. All users agree that the Company shall not have any liability with respect thereto.
iv. When using the Chat Rooms, users shall be responsible for keeping their identity private and are encouraged to protect their name, or any contact details, which could reveal their identity. It shall be the user's responsibility not to reply to any messages, which are inappropriate, rude or hostile, and users are encouraged to inform the Company of any such messages.
v. The following constitutes a misuse of the services offered by the Company:
Using the services for any improper, unlawful or immoral purpose, causing any nuisance by the use of the services.
Using the services to create, host or transmit (whether in a live chat, on a bulletin board or otherwise) any defamatory, obscene material or engaging in activities which would cause offence to others on grounds of race, creed or sex.
Using the services to harm or attempt to harm minors in any way.
Using the services to transmit any material that threatens or encourages bodily harm or the destruction of property.
Using the services to create, host or transmit material, which is protected by intellectual property laws (or rights of privacy of publicity) unless the user owns or controls the rights thereto and has received all necessary consents.
Using the services to transmit unsolicited advertising material to other users.
Using the services to transmit any material that harasses another.
Using the services to make a fraudulent offers to sell or buy products.
Adding, removing or modifying identifying network header information in an effort to deceive or mislead.
Using the services to access or attempt to access the accounts of others or to attempt to penetrate security measures of other entities' computer software, hardware, electronic communication system or telecommunication system.
Using the services for any activity, which adversely affects the ability of other people to use and enjoy the services.
4.1 Lawful Use
The user shall use Website for lawful purposes only. The user shall not post or transmit through the Website any material:
i. that violates or infringes in any way upon the rights of others;
ii. which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights , vulgar, obscene, profane or otherwise objectionable ; encourages conduct that would constitute criminal offence, give rise to civil liability or otherwise violate any law;
iii. Contains advertising or any solicitation with respect to products or services, unless the Company shall have expressly approved such material in advance of its transmission.
iv. Any conduct by a user in the Company's discretion restricts or inhibits any other user using or enjoying the Website is expressly prohibited.
4.2 Downloading of Intellectual Property
This Website contains copyrighted materials, trademarks and other proprietary information, including but not limited to, text, software, photos, videos, graphics, music, and sound, some of which is owned by the Company and some of which is owned by third parties. Furthermore, the entire contents of this Website are copyrighted as a collective work/compilation. The Company owns copyright in the selection, co-ordination, arrangement, and enhancement of such content, as well as in the content original to it. The user may not modify, publish, transmit or participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. The user may download copyrighted material for user's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of the Company (and the copyright owner if other than the Company). In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The user acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
4.3 Uploading of Intellectual Property
The user shall not upload, post or otherwise make available on the Website any material protected by copyright, trademark, or other proprietary right, without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any material is not protected by copyright rests with the user. The user shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such submission. By submitting material to any public area of the Website, the user automatically grants, or warrants that the owner of such material has expressly granted the Company the royalty free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for full term of any copyright that may exist in such material. The user also permits any other user to access, view, store or reproduce the material for that user's personal use. The user hereby grants the Company the right to edit, copy, publish and distribute any material made available on the Website by user.
5. Registration, Account Login and password protection
The user expressly agrees that use of the Website is at the user's own risk. The user shall be responsible for protecting the confidentiality of user's password(s), if any, and shall bear the responsibility for all uses of the registration where such use is authorised by the user. Users must notify the Company of any unauthorised use of registration or password(s). In the event that a password is accessible, the Company shall block access to the account, and a new password will be emailed to the registrants email address.
6. Disclaimers and Limitation of Liability
i. Neither the Company, its affiliates, nor any of their respective employees, shareholder, agents, third party content providers or licensors, warrants that the Website service will be uninterrupted or error free; nor do they make any warranty as to the accuracy, reliability or content of any information, service, or merchandise provided through the Website.
ii. The Website is provided on an "as is" basis without warranties of any kind, either express or implied, including, but limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by law and incapable of exclusion, restriction or modification under the applicable law.
iii. This disclaimer of liability applies to any damages or injury caused by any failure or performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence or under any other cause of action. The user specifically acknowledges that the Company is not liable for the defamatory, offensive or illegal conduct of other user or third parties and that the risk of injury from the foregoing rests entirely with the user.
iv. In no event will the Company, or any person or entity involved in creating, producing or distributing the Website be liable for any damages, including, without limitation, direct, indirect, incidental, special consequential or punitive damages arising out of the use of or inability to use the Website. The user hereby acknowledges that the provisions of this section shall apply to all content on the Website.
v. In addition to the terms set forth above, neither, the Company, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthencity of, the information contained within the Website or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, loss of profits, punitive or consequential damages.
The user agrees to defend, indemnify and hold harmless the Company, its affiliates and their respective directors, officers, shareholders, employees, agents and assigns from and against all claims and expenses, including legal fees, arising out of the user's use of the Website.
8. Remedies for users' breach of Terms
In the event of any breach of these Terms by a user, and without prejudice to any other rights which the Company might have, the Company has the right to:
i. Warn the user by email of such breach
ii. Delete any content which the Company considers to be in breach
iii. Discontinue the user's registration with the Company
iv. Proceed to the proper law enforcement authorities for further action
v. Pursue any further action that the Company shall deem appropriate in the circumstances
9. Equipment for Subscriber's Use
The user shall be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access and use of Avenoir Limited Website and for any/all charges related thereto.
10. The Website content
A portion of this Website is supplied by third parties. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, including information providers, are those of the respective author(s) or distributor(s) and not of the Company. Neither the Company nor any third provider guarantees the accuracy, completeness or usefulness of any content, nor its merchantability or fitness for any particular purpose. The Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Website by any opinion, advice or statement made on the Website by anyone other than employee spokespersons of the Company while acting in their official capacities.
11. Linking and framing
By linking to this Website, users represent that they have read and agree to be bound by the Terms contained herein. Users further represent that they have read and agree to be bound by the following terms:
i. Upon linking to this Website, users will be granted a non-exclusive, non-transferable, royalty-free licence to use the Company's mark solely for providing an underlined, textual link from the user's website to the Company's Website. No other use of the mark or name is permitted without express prior written permission from the Company.
ii. Without limiting the provision contained in the Terms, users may include a link(s) on their website to the Company's Website currently located at www.avenoirrecords.com("Home Page") provided that they first register with the Company at firstname.lastname@example.org, putting "Linking Licence" in the subject area and attaching the following information:
Type of content:
iii. In addition, users may not link to the Website any site containing profane, defamatory, infringing, offensive, unlawful topics, names, material or information that violates any applicable intellectual property rights and publicity rights.
iv. The Company is concerned with activities such as linking to an internal or subsidiary page of this Website that is located one or several levels down from the Home Page ("deep linking"), or bringing up or presenting content of this Website within another Website ("framing"). In this regard, without limiting the provisions contained in the Terms, the user must make specific request for, and secure permission from the Company prior to deep linking to or framing, this Website or any of its content, or engaging in similar activities.
12. Entire Agreement
This Agreement and any operating rules for the Website established by the Company, constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes all previous written or oral agreements between the parties with respect to the subject matter.
This Agreement shall be construed with the laws of England and the user irrevocably submit to the exclusive jurisdiction of the courts of England
The section headings used herein are for convenience only and shall not be given any legal import whatsoever.
i. In the event that any of these provisions is deemed to be invalid, the validity of such provision(s) shall not affect the validity of these terms and the remainder shall remain in full force and effect.
ii. Any failure by the Company to exercise or enforce any right or obligation conferred upon it shall not constitute a waiver of such a right nor bar the Company from exercising or enforcing it.
iii. The Company may assign its rights and obligations under these Terms and upon such assignment, the Company shall be relieved of further obligation hereunder.
iv. All users represent that they have authority and capacity to register with the Company according to these Terms.
v. The user acknowledges that the Company may take photographs at events featuring the user and grants the Company permission to use the photograph in all and any media, including the Company’s printed publications, presentations, promotional materials, in advertising the Company’s goods or services or on the Company’s website. By using the Website the user agrees that the Company can store copies of the photograph for the above purposes. Users can request that photographs featuring the user are removed from marketing materials by contacting the Company via email@example.com. The Company will remove the photograph as soon as reasonably practical.
vi. If you have any complaints regarding the services provided by Avenoir Limited, we can be contacted via: firstname.lastname@example.org. In addition, please note that any complaints may also be directed to European Online Dispute Resolution Platform which is accessible via the following link:
Avenoir Limited is a company registered in England and Wales (Company number 11043085) whose registered office is at 40 Hawkes Way Maidstone Kent ME15 9ZL. Avenoir Records is a wholly owned subsidiary of Avenoir Limited, registered in England and Wales (Company number 11043085) whose registered office is at 40 Hawkes Way Maidstone Kent ME15 9ZL.