YOU MUST READ THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE ACCESSING AND USING THE WEB SITE. BY ACCESSING AND USING THE 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 MAY NOT USE ACCESS OR USE THE WEB SITE.
1. Definitions "Information" means all material delivered by Big Finish Productions Ltd. (BFP) through this web site (the "Web Site"). "User" means you, the Web Site end-user. "Contract" means this Web Site agreement.
2. Warranty THE WEB SITE AND THE INFORMATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND BFP MAKES NO WARRANTIES OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE INFORMATION OR THE WEB SITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR CONDITIONS OF COMPLETENESS, ACCURACY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
3. Liability THE USER AGREES THAT, EXCEPT FOR DEATH AND PERSONAL INJURY ARISING FROM THE NEGLIGENCE OF BFP, BFP SHALL NOT BE LIABLE IN CONTRACT, TORT, NEGLIGENCE, STATUTORY DUTY OR OTHERWISE, FOR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM OR IN ANY WAY CONNECTED WITH THIS CONTRACT, INCLUDING WITHOUT LIMITATION, DAMAGE FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS (EVEN WHERE BFP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE).
4. Rights Granted/Rights Reserved BFP provides the Information to the User solely for the personal purposes of the User and the User may download the Information onto only one computer hard drive for such purpose. The Information may not be used for any other purpose including, publication, reproduction, or transmission without the express written permission of BFP, subject to which the User may upload and / or send material derived from the Information or other material to BFP. By uploading or sending any material to BFP the User thereby grants to BFP an irrevocable, unconditional worldwide, royalty free licence to use such material or any part of it in perpetuity in any and all media and in any manner it may determine in its sole discretion. Furthermore, the User thereby waives all so-called moral rights or other such similar rights in such material.
5. The Web Site The User acknowledges: (a) that it is technically impossible to provide the Web Site free of faults and that BFP does not undertake to do so; (b) that faults may lead to temporary unavailability of the Web Site; and (c) that the operation of the Web Site may be adversely affected by conditions and performances outside BFP's control.
6. Third Party Information The User further acknowledges that some of the Information, for example software, is supplied to BFP by third parties and accordingly BFP offers no warranty of whatever nature in relation to such Information.
7. Use of the Web Site/Indemnification The User undertakes: (a) not to use the Information for any unlawful purpose; (b) that it shall not make any use of the Web Site so that the Web Site is interrupted, damaged, rendered less efficient, or the functionality of the Web Site is in any way impaired; (c) not to use the Web Site for the transmission or posting of any computer viruses or any material which is defamatory, offensive or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety; (d) not to use the Web Site in a manner which constitutes a violation or infringement of any person, firm or company (including but not limited to rights of copyright or confidentiality); (e) 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 BFP unless such transmission has been specifically requested by another user of the Web Site; and (f) that in the event that it has any right, claim or action against any other user arising out of the use of the Web Site it shall pursue such right, claim or action independently of, and without recourse to, BFP. The User will indemnify and defend BFP against all claims, liability, damages, costs and expenses, including legal fees, arising out of a breach of this Contract or any use of the Information or the Web Site by the User. The User acknowledges that BFP has no control over the nature or content of information or programs transmitted or received by the User using the Web Site and that BFP does not examine in any way the use to which the User puts the Web Site. The User agrees to fully indemnify BFP against any claims or legal proceedings arising in connection with User's use of the Web Site which are brought or threatened against BFP by any other person.
8. Intellectual Property The User acknowledges that all copyright, trade marks and all other intellectual property rights in the Information shall remain vested in BFP or its licensors including BBC Television, BBC Worldwide Ltd., Roger Hancock Ltd., The Agency etc.
9. Suspension and Termination BFP shall have the right to immediately terminate this Contract and/or suspend the Web Site if the User commits a breach of these terms and conditions.
10. User Data BFP reserves the right to include the name, address and other relevant information relating to the User in a directory for the use of BFP to PO Box 1123, Maidenhead, Berkshire SL6 3LW, unless specifically requested by the User in writing not to do so.
11. Links BFP is not necessarily affiliated with sites which may be linked to this site and is not responsible for their content ("Linked Sites"). The Linked Sites are for your convenience only and you access them at your own risk.
12. Your Privacy When you place orders, we offer the use of a secure server. The secure server software (SSL) encrypts all information you input before it is sent to us. Furthermore, all of the customer data we collect is protected against unauthorised access. BFP does not sell, trade, or rent your personal information to others. BFP may release account information when we believe, in good faith, that such release is reasonably necessary to (i) comply with law, (ii) enforce or apply the terms of any of our user agreements or (iii) protect the rights, property or safety of BFP, our users, or others.
13. Changes to the Terms and Conditions BFP reserves the right to change these terms and conditions from time to time by placing a note of such change in this file, and the User's continued use of the Web Site following notice of such change shall be deemed to be the User's acceptance of any such change. It is the User's responsibility to check this file regularly to determine whether this Contract has been changed. If the User does not agree to any change to the terms and conditions of this Contract then the User must immediately stop using the Web Site.
14. Severability Each provision of this Contract excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the termination of this Contract.
15. No Waiver No waiver by BFP shall be construed as a waiver of any proceeding or succeeding breach of any provision.
16. Choice of Law This Contract shall be governed by English law and the parties hereby irrecoverably submit to the exclusive jurisdiction of the English Courts.