12. Use of the Works and Other Rights and Restrictions
12.1 The Company is an authorized distributor of the Works. Except as provided in the immediately following sentence, the Company retains all rights, title and interest in and to this website and the Service, including all software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material and other copyrightable or otherwise legally protectible elements contained therein, and the selection, sequence, “look and feel” and arrangements thereof. The Company's licensors retain all rights and title in connection with the Works. This website, the Service and the Works are protected by intellectual property laws and your use is strictly restricted to these conditions, including the following:
(i) You are granted a limited, non-exclusive, non-transferable, revocable license to download the Works you have purchased to your computer or other compatible device.
(ii) You may only use this website, the Service and the Works for your own personal use and not for any business-related purposes.
(iii) You may burn the Works you have purchased up to three (3) times onto any compatible device or appropriate media. Occasionally our publishers may vary the number of times you may burn a copy of certain Works; in this event, we will notify you at the time you place your order. Other than as expressly granted here, you shall not reproduce or make any further copies of the Works.
(iv) You may not and may not allow others to sell, transfer, sublicense, distribute, publicly perform, frame or create derivative works from this website, the Service, the Works or any part thereof.
(v) You may not and may not allow others to modify, decompile, reverse engineer, decrypt, circumvent or otherwise interfere with or alter the website, Service or Works.
12.2 Samples of certain Works may be provided by us which you may play directly from the website free of charge. You may play as many of these samples as you like but you must not attempt (or allow others to attempt) to copy, download or otherwise interfere with these samples.
12.3 You are responsible for all use made of the Works purchased via the website and we will not be responsible for any infringement of third party rights which arise as a result of your use of the Works.
12.4 The trademarks, service marks, graphics and logos used in connection with this website and/or the Service are trademarks or registered trademarks of the Company or its licensors. You are granted no right or license with respect to any such trademarks or service marks and any unauthorized use is strictly prohibited .
12.5 All rights not expressly granted herein are reserved.
13. Acceptable Use
13.1 You shall not breach or attempt to breach the security of this website or the Service. Without limiting the foregoing, you shall not:
(i) access data or materials not intended for you;
(ii) log into a server or account which you are not authorised to access;
(iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation.
Breaches of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences which may involve such breaches and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such breaches. Use of spiders, robots and similar data gathering and extraction tools is expressly prohibited.
13.2 You agree not to use this website in any way that may cause the website or access to the website to be interrupted, damaged or impaired.
13.3 The website may host reviews, feedback and comments from users. Any electronic communications and / or content you send to this website must be for lawful purposes only. You are responsible for such content, which should not be malicious, defamatory, obscene, racist or designed to offend or to cause annoyance. In particular, such communications and content must not be illegal, abusive, threatening, indecent, defamatory or menacing. It must not breach copyright, trade mark, confidence or privacy rights, and must not consist of or include software viruses, political announcements, commercial solicitation or advertising, chain letters, mass mailings or "spam".
13.4 When dealing with this website you must not use a false email address, impersonate any other person or entity, or mislead the website and its users as to the origin of any electronic communications or content.
Unauthorised use of this website may give rise to a claim for damages and/or be a Criminal offence
14. Your Information
14.1 As a user of the website you will need to set up and maintain an account on the website. You are solely responsible for keeping your passwords confidential and secure at all times. You should notify us immediately if you become aware of any unauthorized access to your account. In no event shall we be responsible for any loss you may suffer as a result of any misuse of your account and/or passwords.
14.2 You agree to provide current, complete and accurate information required to complete your account registration and at other times as may be required in the course of using this website or the Service (" Registration Data "). You further agree to maintain and update Registration Data as required to keep it current, complete and accurate. If any information you provide is false, incomplete or inaccurate, we may terminate your rights to use this website and the Service. If the information you provide is fraudulent, you may also be subject to criminal and/or civil liability. You agree that we may store and use Registration Data you provide (including credit card information) for use in maintaining your accounts and billing fees to your credit card.
14.3 You will be responsible for installing adequate anti-virus software and related security protection to secure your computer systems when using the Service. We will not be responsible for any loss suffered as a result of your failure to do so.
15. Offensive Content
15.1 The website may contain reviews, feedback and other comments submitted by our users. It is not possible for us to monitor the content of all of these reviews and we therefore take no responsibility for any content, materials, messages and the like that users may post or view on these areas of the website. We will endeavor to remove any content which causes or is likely to cause offense as soon as reasonably practical after we have been made aware of this. If you wish to make a complaint with regards to any offensive content, please contact customerservices@spoken-network.com .
16. Disclaimer of Liability for Third Party Materials
16.1 Certain content, products and services available via this website may include materials from third parties. In addition, we may provide links to certain third party websites. With respect to such material, we are a distributor, not a publisher. You acknowledge and agree that we have little or no control over, and are not responsible for examining or evaluating the content or accuracy of any such third party material or websites. The Company does not warrant or endorse and does not assume and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products or services of third parties. Links to other websites are provided solely as a convenience to you.
17. Notices and Correspondence
17.1 Unless otherwise expressly stated in these conditions, all notices and other forms of communication from you to us must be in writing and sent to our trading address at RAM Suite, Spoken Network Limited, Windsor House, Cornwall Road, Harrogate, North Yorkshire HG1 2PW; or by email to customerservices@spoken-network.com . All notices from us to you will be displayed on our website from time to time.
18. Events Beyond Our Control
18.1 We shall have no liability to you for any failure to deliver the Works you have ordered or any delay in doing so or for any damage or defect to Works delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion, acts of terrorism or accident.
19. Invalidity
19.1 If any of these conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other conditions, which shall remain in full force and effect.
19.2 If any of these conditions is found to be invalid or unenforceable but would cease to be invalid or unenforceable if some part of the provision were deleted, the provision in question shall apply with such modification as may be necessary to make valid and enforceable.
20. Privacy
20.1 You acknowledge and agree to be bound by the terms of our privacy policy; /privacy.html which is incorporated herein by reference.
21. Third Parties
21.1 Except for our affiliates, officers, directors, employees or representatives who are entitled to indemnification hereunder, a person who is not party to the contract shall have no rights hereunder to enforce any term of such contract.
22. Entire Agreement
22.1 These conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to your access to and use of this website and the Service and the supply of the Works to you by us, and supersede all prior and contemporaneous understandings of the parties hereto relating to the subject matter hereof. Nothing said by any sales person on our behalf should be understood as a variation of these conditions or as an authorized representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation we shall have no liability for any such representation being untrue or misleading.
23. Governing Law and Jurisdiction
23.1 The contract between us and any matter arising from or in connection with these conditions shall be governed by and construed in accordance with the laws of the State of New York applicable to contracts executed and performed entirely within New York (without regard to any principles of conflict of laws). Any action you bring in connection with these conditions or any other matters related to this website, the Service or the Works shall be brought only in a state or federal court located in New York County, New York, and you hereby irrevocably consent to the personal and exclusive jurisdiction of such courts. Regardless of any statute or law to the contrary, any claim or cause of action against the Company arising out of or related to use of this website, the Service or the Works or otherwise under these conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
24. Electronic Delivery Policy
24.1 You agree that we may provide to you required notices, agreements and other information electronically as specified in these conditions. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of this website.
25. Miscellaneous
25.1 This website is intended exclusively for residents of the United States. The Company makes no representations that materials in this website are appropriate or available for use in other locations. Those who choose to access this website from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable. No Works or other materials from this website may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions. The failure of the Company to exercise or enforce any right or provision of these conditions will not constitute a waiver of such right or provision .
Version 3 as at 1 st January 2008
