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Term of UseFOOTBALL AUDIO TERMS AND CONDITIONS USE OF SITE 1. WHO WE ARE Football Audio is part of Sportsmedia Broadcasting Ltd. whose registered address is: 16, The Linen House, 253, Kilburn Lane, London, W10 4BQ. Email customerservice@footballaudio.com. Should you purchase any goods from this web site, you will be contracting with a wholly owned subsidiary of Sportsmedia Broadcasting Ltd. Sportsmedia Broadcasting Ltd's place of business is at the above address. 2. CONDITIONS OF USE 2.1 Use of the Services and Web Site The web site of Football Audio (the "Web Site") and the goods and services on it are offered to you for your personal and non-commercial use only. Commercial use of this Web Site is strictly prohibited. You agree to comply with all applicable laws, statutes and regulations in connection with the use of the Web Site and goods (the "Goods") or services (the "Services") obtained via the Web Site. The Goods and Services are together referred to as the "Supplies". By using the Web Site, you unconditionally agree to be bound by these terms and conditions. By registering, you indicate that you wish to receive information from Football Audio and/or third parties carefully chosen by Football Audio, your personal details will be included in a database compiled for the purposes as indicated. From time to time, you may receive information from us or from third parties, subject to the preferences you have indicated. You can update your preferences at any time after logging into opt in or out of receiving such communications. 2.2 Restrictions on Use As a condition of your use of this Web Site and the Services you agree that you will not: (a) reverse engineer or decompile (whether in whole or in part) any software available through the Web Site (save to the extent expressly permitted by applicable law); (b) remove, change or obscure any product identification or notices of proprietary rights or any restriction on or in the Supplies and/or the Web Site; (c) remove any copyright, trade mark or other intellectual property right notices contained in material on the Web Site or Supplies; (d) make copies, modify, reproduce, republish, post, transmit, distribute or alter (including the creation of HTML links to or from the Web Site) all or any part of the Web Site or any materials contained on it. 2.3 Unlawful or Improper Use You must use the Web Site and the Supplies only for lawful purposes. In particular, you must not: (a) publish, post, upload, distribute, disseminate or otherwise transmit, information or pictures that are obscene or pornographic, threatening, menacing, racist, offensive, defamatory, libellous, or are alleged to be, or are in the opinion of Sportsmedia Broadcasting Ltd, otherwise unlawful; (b) upload files that contain software or other materials in breach of any intellectual property rights or in breach of confidence; (c) download any file of materials posted by another user that you know, or reasonably should know cannot be copied or otherwise used legally; (d) harass, stalk, threaten or otherwise infringe the rights of others; (e) hack into any web site, deliver viruses or forward chain letters, surveys, contests, pyramid schemes or engage in any other behaviour likely to inhibit any other user from using and enjoying the Web Site or the Services or that is otherwise likely to damage or destroy the reputation of the Web Site or Sportsmedia Broadcasting; (f) advertise or offer to sell goods or services; (g) Sportsmedia Broadcasting accepts no obligation to (but may in its discretion) monitor the use of the Web Site and/or the Services by you. Sportsmedia Broadcasting Ltd reserves the right to disclose any information or material which may be provided by you if required by law or regulations and to remove, refuse to post or to edit any such information or material and to take such other action as may be reasonably necessary to prevent any breach of these Terms & Conditions. 4. INTELLECTUAL PROPERTY RIGHTS The Web Site (including the software used to operate it) and the trade marks and any information or material used in connection with the Web Site and the Supplies are owned by Sportsmedia Broadcasting Ltd and/or its licensors. You are not granted any right or interest in these except as stated in these Terms & Conditions. 5. OPERATION OF THE SERVICES AND WEB SITE Sportsmedia Broadcasting Ltd may at its sole discretion from time to time without notice change the format and content of the Web Site and/or the Services and suspend the operation of the Web Site and/or the Services for repair or maintenance work, or in order to update or upgrade the contents or functionality of the Web Site and/or the Services. You are responsible for obtaining and updating your own web browser, and for all amounts payable in respect of connection to the internet including any telecommunications charges for time spent online in respect of use of the Web Site. You will comply with all directions and instructions given by Sportsmedia Broadcasting Ltd in relation to the use of and access to the Web Site and the Services. You will, where applicable, notify Sportsmedia Broadcasting of any changes to your registration details. 6. DISCLAIMER AND LIMITATIONS OF LIAIBILITY Sportsmedia Broadcasting does not exclude or limit liability for death or personal injury resulting from its negligence or any other liability which may not, by applicable law, be excluded or limited. Subject to the paragraph above, in no event shall Sportsmedia Broadcasting Ltd, its directors, employees or other representatives be liable (whether for breach of contract, negligence or for any other reason) for any loss of profits, loss of sales, loss of revenue, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, software or data, loss of or waste of management or other staff time, or for any indirect, consequential or special loss (howsoever arising). Subject to the two paragraphs above Sportsmedia Broadcasting Ltd's liability to you whether in contract, tort or howsoever arising is limited to the amount paid by you to Sportsmedia Broadcasting Ltd in respect of the Supplies. You shall indemnify and keep indemnified Sportsmedia Broadcasting Ltd against any loss or damage arising from your unauthorised use of the Web Site or your disclosure of any password or username and from all actions, proceedings, claims, demands, costs (including legal costs), awards and damages howsoever arising, directly or indirectly as a result of any breach or non-performance by you of any of your obligations under these Terms & Conditions. Sportsmedia Broadcasting Ltd supplies the Web Site and the Supplies "as is" and, to the fullest extent permitted by law, makes no representations or warranties (express or implied) of any kind, including but not limited to, the accuracy, quality, suitability, fitness for purpose or completeness of any information or materials made available on the Web Site or the Supplies, or any third party web sites linked from the Web Site. Sportsmedia Broadcasting Ltd shall not be liable for any action taken by you as a result of your relying on any information provided in the Web Site or the Supplies or third party web sites or for any loss or damage suffered by you as a result of you taking such action. Sportsmedia Broadcasting Ltd does not accept responsibility for the security or content of any information which you may supply through the Web Site or the Services and will not be liable for the content of any communications or messages received by you from other users including any content posted by other users in chat rooms. You are solely responsible for your use of the Web Site, Supplies, any username, password and any information made available on the Web Site from time to time and for any consequences or effects (whether direct or indirect) of such use. Sportsmedia Broadcasting Ltd does not warrant that the Web Site or the Supplies will be uninterrupted or error or defect free and shall not be responsible for the non-performance or interruption of the Web Site or the Services or for any viruses transmitted through the Web Site or the Services. Any links from the Web Sites to third party web sites do not constitute an endorsement by Sportsmedia Broadcasting Ltd of any products or services available on such web sites and Sportsmedia Broadcasting Ltd does not necessarily support or approve of them. You use such links entirely at your own risk and we accept no responsibility for the content or use of such web sites or information contained in them. 7.3 Period of Offer Prices may be changed by Football Audio or its suppliers at any time before the conclusion of an agreement to sell i.e. once you receive notification from Sportsmedia Broadcasting Ltd of acceptance of your order. 7.4 Payment Payment should be made by credit or debit card and all credit and debit card information will be encrypted for security. 7.5 Delivery Delivery of any Goods will be by courier or post depending on the size and nature of the Goods to be supplied. The Goods will normally be delivered within 30 days of the placement of the order. If delivery is delayed beyond 30 days, we will notify you that this is the case and you will have an option to cancel your order if the delay is unacceptable. 7.6 Substitutes Should the Goods you order not be available, substitute goods may be provided by Sportsmedia Broadcasting Ltd, subject to your approval. If you should decide that any substitute of Goods is unacceptable, Sportsmedia Broadcasting Ltd will pay for the cost of returning the Goods and will also provide you with a full refund. 7.7 Cancellation You may cancel your order at any time before delivery, without affecting the continuance of this agreement between Sportsmedia Broadcasting Ltd and you in relation to use of the Web Site. If any money has been collected from your credit or debit card, this will be refunded. Notification of cancellation must be either in writing and sent to the address stated above or faxed to 0208 964 6565 or email customerservice@footballaudio.com. Once the Goods have been delivered, you may still return the goods to Sportsmedia Broadcasting Ltd within 7 working days of delivery for a full refund, provided the Goods are in good condition. Where Services have been ordered, you may cancel the order within 7 working days of the day on which the order was placed. 8. TERMINATION Sportsmedia Broadcasting Ltd reserves the right to terminate this agreement and your access to the Web Site and the Services at any time and without notice, for any reason whatsoever. Sportsmedia Broadcasting Ltd also reserves the right to bar anyone from using the Web Site and the Services. On termination, you will immediately stop using any username and password and the Services and will return any such username and password to Sportsmedia Broadcasting Ltd within 5 days of such termination and destroy (so that they cannot be retrieved) all records or copies you may hold of the username and password and any information about or obtained from the Web Site and the Services. 9. CONTACT You may contact Sportsmedia Broadcasting Ltd about any problems or questions with this Web Site at customerservice@footballaudio.com 10. GENERAL These terms and conditions shall be governed by and interpreted in accordance with the laws of |
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