TERMS AND CONDITIONS OF USE FOR THE MARBELOW WEBSITE
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE.
This website (“the Website”) is the Website of Marbelow Limited (“the COMPANY”) the licensee of the trade mark “Spandau Ballet”.
By entering the Website, and/or any page accessible on this site you accept, without limitation or qualification, the terms and conditions set out below (“the Terms”) without modification. By accessing and using the Website, you acknowledge that you are bound by the Terms.
If you do not wish to be bound by the Terms you should not access or use the Website.
The COMPANY may modify the Terms in its absolute discretion from time to time without individual notice to you. You will be deemed to have accepted any modifications if you continue to use the Website after they have been posted.
Please in any event signify that you accept the Terms by clicking I ACCEPT at the foot of the page.
INTELLECTUAL PROPERTY RIGHTS
The Website, and all the information and graphic representations or images on it (“Content”), are owned by, or licensed to the COMPANY. The copyright and all other intellectual property rights in the Content are the sole and exclusive property of the COMPANY or its licensors.
You may view the Website on your computer screen and print its contents on your printer for your personal and non-commercial use only. For the avoidance of doubt, anything printed will form part of the Content.
Without the COMPANY’s written consent, you may not use, transfer, copy or reproduce any part of the Content, the Website or its source HTML code in whole or in part, in any form or by any means, electronic, mechanical or otherwise, except for the sole purpose of viewing its content. This includes electronic reproduction by uploading or downloading.
You warrant that it is legal for you to view this site in the jurisdiction to which you are subject. You are responsible for compliance with all laws of that jurisdiction, in viewing or using the Content.
USING THE WEBSITE
Wherever you are asked to provide information in connection with the Website, you agree to provide true, accurate, current and complete details. You are not obliged to provide the COMPANY with any optional information requested.
You agree not to:
impersonate another person or use a false name or a name you are unauthorised to use, or create a false identity or origin or e-mail address or try to mislead us or others as to identity or origin of any communications or to provide inaccurate or unreliable contact details;
modify, access or make available data stored on a computer or device which you have accessed through our network, when either: the owner of the data, computer or device has taken steps to prevent you from doing this; or the owner has expressed a wish that you do not do this;
make available or upload files that contain software or other material, data or information not owned by or licensed to you or collect information about others (eg. names/addresses) without their prior consent;
damage, interfere with or disrupt access to the Website or do anything which might impair its functionality;
use the Website in any way to send unsolicited (commercial or otherwise) e-mail (“Spam”) or any material for marketing or publicity purposes, or any similar abuse of either;
publish, post, distribute, disseminate or otherwise transmit, defamatory offensive, infringing, obscene, indecent or other unlawful or objectionable material or information;
make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “trojan horses”, “worms”, or any other harmful software;
falsify the true ownership of software or other material or information contained in a file made available via the Website;
obtain or attempt to obtain unauthorised access, through whatever means, to the Website.
NO UNLAWFUL OR PROHIBITED USE
You undertake to the COMPANY that you will not use the Website for any purpose or in any way that is prohibited by these Terms or is otherwise unlawful.
You agree to indemnify the COMPANY, its officers, employees, and licensors in respect of any loss that it or they may suffer as a result, directly or indirectly, of any breach by you of this undertaking.
OUR USE OF YOUR PERSONAL DETAILS
You agree that you use the Website entirely at your own risk.
In preparing the Website, the COMPANY has endeavoured to offer current, correct and clearly expressed information. However, the COMPANY cannot guarantee that the information will be accurate, complete or current at all times and accepts no liability for any reliance placed by any person on the information.
The COMPANY makes no representations or warranties of any kind about the suitability, reliability, timeliness, and accuracy of the information contained on the Website for any purpose. The COMPANY expressly disclaims all warranties and conditions with regard to this information, including, without limitation, warranties of technical efficiency, satisfactory quality, availability, non-infringement, completeness and fitness for a particular purpose.
The Website may contain advertisements. The COMPANY is not responsible for and does not endorse the content of such advertisements, and does not accept any responsibility for any errors or inaccuracies in such advertising material.
The COMPANY shall not be liable for any damages whatever, including but without limitation to, damages for loss of use, data or profits, arising out of the use or performance of the Website, the provision of or failure to provide services, or for any information obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, or otherwise, without limitation, even if the COMPANY has been advised of the possibility of damage.
Notwithstanding anything in these terms the COMPANY does not disclaim liability for death or injury caused by its own negligence.
The COMPANY reserves the right to remove any information or material on the Website without warning, and without prejudice to any other accrued rights, and/or make available such information or material when required to do so by law or when requested to do so by regulatory bodies or law enforcement organisations.
The COMPANY reserves the right at any time to modify or discontinue, temporarily or permanently, your access to or use of the Website with or without notice.
VIRUS PROTECTION AND COMPATIBILITY
While certain precautions have been taken to detect computer viruses and ensure security, The COMPANY cannot guarantee that the Website is virus-free and secure.
The COMPANY shall not be liable for any loss or damage which occurs as a result of any virus or breach of security. The COMPANY does not give any warranties as to the compatibility of the Website with your computer systems, software and/or hardware.
LINKS TO THIRD PARTY SITES
The Website contains links to websites operated by parties other than the COMPANY (“Third Party Websites”). These links are provided for your convenience. When you activate one of them, you will leave the Website. The COMPANY has no control over, and will accept no responsibility for or liability in respect of, material on any website that is not under its control.
The inclusion of links to Third Party Websites does not imply any endorsement of the material on them or any association with their operators.
You will not arrange for any of the Third Party Websites to be connected to any part of the Website by way of hyperlink or otherwise without the COMPANY’s written consent [which will only be given on the basis that any such link will be to the COMPANY homepage.]
The COMPANY may restrict your access to the Website, refuse to correspond with you, and/or remove your details from the relevant database without prejudice to any other accrued rights, without prior notice to you where:
there is a regulatory or statutory change limiting the ability to provide access to the Website;
there is any event beyond the reasonable control of the COMPANY preventing the COMPANY from providing access to the
Website (for example, and without limitation, technical difficulties, capacity problems and communications failures);
The COMPANY considers in its sole discretion that you are abusing the Website or are otherwise acting in breach of these Terms.
The COMPANY reserves the right to monitor and track your visits to the Website.
Unless otherwise specified, the Website is directed solely at those who access this site from the United Kingdom. Those who choose to access the Website from locations outside of the UK are responsible for compliance with local laws if and to the extent local laws are applicable.
A failure or delay by the COMPANY in enforcing compliance with these Terms shall not be a waiver of that or any other provision of these Terms.
None of these Terms shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party.
If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
These Terms constitute the entire agreement between you and the COMPANY as to your use of the Website and shall supersede any prior agreement or representation in respect thereof.
The express provisions of these Terms are in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
Any and all notices to be given by either one of us to the other pursuant to or in connection with these Terms shall be deemed sufficiently given when forwarded by e-mail or facsimile transmission in each case addressed to you at the e-mail address or facsimile number you have given us or to us at the e-mail address or facsimile number displayed on the Website.
English law governs these terms and conditions. You submit to the non-exclusive jurisdiction of the English courts.
COPYRIGHT AND TRADE MARK NOTICES:
All contents of the Website are: Copyright 2009 Marbelow Limited
You can visit this Website without disclosing any personally identifiable information about yourself.
1 The information we collect and how we use it
We will use, store or otherwise process any personal information that relates to and identifies you, including but not limited to your name, postal address, e-mail address, telephone number, and any other information collected on registration with the Website, and through surveys to the extent reasonably necessary to provide the products and services that are available through our Website to you by us.
We process this information for the purpose of:
• dealing with your inquiries;
• providing and personalising our services;
• maintaining information as a reference tool or general resource; and
• carrying out market research campaigns.
We also gather this information and statistics for the purposes of monitoring Website usage and may provide such aggregate information to third parties. These statistics will not include information that can be used to identify you.
You may from time to time wish us to provide you with information about our Website or any other service or products which we think may be of interest to you. Please tick the box if you wish to receive information about our products and services.
Alternatively, you may ask us to provide you with information about our products and services by sending us an e-mail at email@example.com You may also change your communications options.
2 Information security
Please be aware that communications over the Internet, such as emails/webmails are not secure unless they have been encrypted. Your communications may route through a number of countries before being delivered – this is the nature of the World Wide Web/Internet. We cannot accept responsibility for any unauthorised access or loss of personal information that is beyond our control.
We believe that we have appropriate policies, rules and technical measures to protect the personal data that we have under our control (having regard to the type and amount of that data) from unauthorised access, improper use or disclosure, unauthorised modification, unlawful destruction or accidental loss.
All of our employees and data processors that have access to, and are associated with, the processing of your personal information are obliged to respect the confidentiality of our visitors’ information.
We ensure that your information will not be disclosed to government institutions or authorities except if required by law or when requested to by regulatory bodies or law enforcement organisations.
3 To whom will your information be disclosed?
• our employees;
• our affiliates;
• our employees;
• successors in title to our business;
• Digital Stores Ltd
• third party consultants, contractors or other service providers who may access your personal information when providing services (including but not limited to IT support services) to us;
• government bodies and law enforcement agencies and in response to other legal and regulatory requests;
• auditors or contractors or other advisers auditing, assisting with or advising on any of our business purposes,
in any jurisdiction where we operate.
4 Your rights in relation to your information
You can write to us at any time to obtain a copy of your information and to have any inaccuracies corrected. Where appropriate, you may have your personal information erased, rectified, amended or completed. Please email us at firstname.lastname@example.org
Please quote your name and address. We should be grateful if you would also provide brief details of the information of which you would like a copy or which you would like to be corrected (this helps us to more readily locate your data).
We will require proof of your identity before providing you with details of any personal information we may hold about you. We will charge £10 to cover the administration costs involved in providing you with a copy of your information.
You may disable cookie support on your browser but be aware that by doing so, you will lose certain features that require a cookie to work properly. We may use the information collected by the cookie to provide us with various statistics without identifying any individual.
Please email us at email@example.com if you require information about disabling any cookies on the Website or, for more information generally about cookies go to www.allaboutcookies.org.
6 Your consent
In the event the purposes for processing change, then we will contact you as soon as practicable and seek your consent where such notification relates to a new additional purpose for processing.
Owing to the global nature of the Internet infrastructure, the information you provide may be transferred in transit to countries outside the European Economic Area. Countries outside of the EEA may not have similar protections in place regarding your data and its use as set out in this policy. However, we have taken the steps outlined above to try and protect the security of your information.
7 The Data Protection Act 1998
Marbelow Limited is registered as a Data Controller under the terms of the Data Protection Act 1998 and we ensure we comply with all the protection the Act affords to you. Our registration number is Z1701755.
8 Use of your personal information submitted to other websites
We are not responsible for the privacy policies and practices of the e-commerce area of our Website which is managed by Digital Stores Ltd or of other websites even if you accessed the third party website using links from our Website.
9 Further information
For further information from us on data protection and privacy or any requests concerning your personal information please email us at firstname.lastname@example.org