We
provide our service to you subject to the following
terms and conditions. You must read the terms
and conditions of this contract before using the
service. By using the service you agree to be
bound by the terms and conditions set out below
which may be updated by us from time to time.
In addition, when using particular services or
entering competitions, you shall be subject to
any applicable guidelines and rules applicable
to such services which may be posted by us from
time to time. All such guidelines and rules are
hereby incorporated by reference into these terms.
In the case of any inconsistency between any such
guideline or rule and these terms, the guideline
or rule shall prevail. If you do not wish to be
bound by these terms and conditions, you may not
use the service.
1 DEFINITIONS
"Contract" means this agreement; "Information"
means all material delivered by us through the
Website; "Registration Form" means the
form you must complete in order to receive newsletters
(if available), participate in any Chello Zone
online competition and/or register for any other
reason; "Registration Information" means
all personally identifiable information collected
by us when a user registers on the Website and/or
participates in any Club online competition and/or
registers for any other reason; "Service"
means the provision by us to you of access to
the Information through this Website; "we",
"us", "our" means Chello Zone
hereafter referred to as "Chello Zone";
"Website" means the relevant website
situated at www.zonehorror.tv; and "you",
"your", "yourself" means you,
the Service end-user.
2 REGISTRATION, PASSWORD, SECURITY AND
USE
To sign up to receive a newsletter (if available)
and to access all areas of the Website, you must
complete the registration process by providing
us with true, accurate, current and complete information
about yourself as prompted by the Registration
Form. You should then choose a password and an
account name. You are then entirely responsible
for maintaining the confidentiality of your password
and account. Furthermore, you are entirely responsible
for any and all activities that occur under your
account. You agree to (a) notify us immediately
of any unauthorised use of your account or any
other breach of security, and (b) exit from your
account at the end of each session. We cannot
and will not be liable for any loss or damage
arising from your failure to comply with this
Section 2. If you provide any information that
is untrue, inaccurate, not current or complete,
or we have reasonable grounds to suspect that
such information is untrue, inaccurate, not current
or complete, we have the right to suspend or terminate
your access to those parts of the Service requiring
registration. You acknowledge that we may establish
general practices and limits concerning use of
the Service, including without limitation the
maximum number of days that message board postings
or other uploaded content will be retained by
the Service and the maximum number of times (and
the maximum duration for which) you may access
the Service in a given period of time. You agree
that we have no responsibility or liability for
the deletion or failure to store any messages
and other communications or other content maintained
or transmitted by the Service. You further acknowledge
that we reserve the right to change these general
practices and limits at any time, in our sole
discretion, with or without notice.
3 DISCLAIMER OF WARRANTIES
The Service is provided on an "as is"
and "as available" basis and we make
no warranties or representations, whether express
or implied, in relation to the Service, including
but not limited to implied warranties or conditions
of completeness, accuracy, satisfactory quality
and fitness for a particular purpose. You acknowledge
that: (a) it is technically impossible to provide
the Service free of faults and that we do not
undertake to do so; (b) faults may lead to temporary
unavailability of the Service; (c) the results
that may be obtained from the use of the Service
may include inaccuracies or typographical errors;
and (d) the operation of the Service may be adversely
affected by conditions and performances outside
our control, including without limitation, transmission
and telecommunications links between us and you,
between different parts of our network, and between
us and other systems and networks. You further
acknowledge that some of the information, for
example software, is supplied to us by third parties
and accordingly we offer no warranty of whatever
nature in relation to such information.
4 LIMITATION OF LIABILITY
You agree that, except for death and personal
injury arising from our negligence, we 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 or the use or performance of the Service
or related Website, including without limitation,
damage for loss of business, loss of profits,
business interruption, loss of business information,
or any other pecuniary loss (even where we have
been advised of the possibility of such loss or
damage).
5 RIGHTS GRANTED/ RIGHTS RESERVED
We provide the Information to you solely for your
personal, non-commercial purposes and you 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 our express
written permission, subject to which you may upload
and/ or send material derived from the Information
or other material to us. By uploading or sending
any material to us, you thereby grant to us an
irrevocable, unconditional, world-wide, royalty
free licence to use such material or any part
of it in perpetuity in any and all media and in
any manner we may determine in our sole discretion.
Furthermore, you thereby waive all so-called moral
rights or other similar rights in such material.
You agree not to copy, modify, create a derivative
work, reverse engineer, reverse assemble or otherwise
attempt to discover the source code, sell, assign,
sub-license, grant a security interest in or otherwise
transfer any right in the Information.
6 USER CONDUCT
We provide the Service to you solely for your,
personal, private use. You undertake not to use
the Service (a) for any unlawful purpose; (b)
in any way so that the Service is interrupted,
damaged, rendered less efficient or the functionality
of the Service is in any way impaired; (c) in
any way that may damage or disrupt another user's
computer; (d) for the transmission, uploading
or posting of any computer viruses or any harmful
or deleterious files or programs; (e) to transmit,
upload or post any material which is defamatory,
offensive, racist, vulgar, libellous or of an
obscene or menacing character, or in such a way
as to cause annoyance, inconvenience or needless
anxiety; (f) as a means to threaten, stalk, harass,
abuse, or otherwise insult other users or to collect
or store personal data about other users; (g)
in a manner which constitutes a violation or infringement
of any person, firm or company's rights (including,
but not limited to, rights of copyright or confidentiality);
(h) to transmit any material for the purposes
of publicity, promotion and/or advertising without
our prior written consent unless such transmission
has been specifically requested by another user
of the Service; (i) to create a false identity
for the purpose of misleading others as to the
identity of the sender or the origin of a message,
including, but not limited to impersonating a
Club employee, manager, host or another user;
or (j) to transmit, upload, post or otherwise
make available any unsolicited or unauthorised
advertising, promotional materials, "junk
mail", "spam", "chain letters",
"pyramid schemes" or any duplicative
or unsolicited messages. However, we do not control
the content posted via you or other users on the
Service and as such, do not guarantee the accuracy,
integrity or quality of such content. By using
the Service, you acknowledge that you may be exposed
to content that is offensive or objectionable.
Under no circumstances will we be liable in any
way for any content or any damage incurred as
a result of you accessing any content posted or
otherwise transmitted via the Service. You acknowledge
that we do not monitor or pre-view any content
posted via you or other users of the Service,
but that we shall have the right (but not the
obligation) to refuse access to or move any content
made available via the Service.
7 PARENTAL RESPONSIBILITY
We are concerned about the safety and well being
of all our users, but in particular children.
Parents (or guardians) who allow their children
to use the Service should take care to supervise
and assist their children. We remind you that
the Service is designed to appeal to a wide audience.
As the legal guardians, we remind parents (or
guardians) that it is their responsibility to
supervise children and to determine whether particular
areas are suitable for your child. Parents (or
guardians) should consider using parental control
tools available from online services and software
manufacturers that help provide a child-friendly
online environment. This Website encourages those
under the age of sixteen (16) years to consult
with their parents (or guardians) before furnishing
any information to this Website and such parental
control tools can also prevent children from disclosing
online their name, address or other personally
identifiable information without parental permission.
8 INDEMNIFICATION
You further undertake that in the event that you
have any right, claim or action against any other
user arising from the use of the Service, you
shall pursue such right, claim or action independently
of, and without recourse to us. You will fully
indemnify and defend us against all claims, liability,
damages, costs and expenses, including legal fees,
arising out of a breach of this Contract or any
use of the Service, the Information or the Website
by you. You acknowledge that we have limited control
over the nature or content of information or programs
transmitted or received by you or other users
using the Service and that we do not examine in
any way the use to which you put the Service.
You agree to fully indemnify us against any claims
or legal proceedings arising in connection with
your use of the Service which are brought or threatened
against us by any other person.
9 INTELLECTUAL PROPERTY
You acknowledge that all copyright, trade marks
and all other intellectual property rights in
the Service shall remain vested in us or our licensors.
Chello Zone grants you a personal, non-exclusive,
non-assignable and non-transferable license to
use and display, for home, non-commercial and
personal use only, one copy of any material and/or
software that you may download from this Website,
including but not limited to any files, codes,
audio or images incorporated in or generated by
the software (collectively the "Downloaded
Material") provided however that you must
maintain all copyright and other notices contained
in such Downloaded Material. You acknowledge and
agree that you may not sublicense, assign or otherwise
transfer this license or the Downloaded Material
and that no title to the Downloaded Material has
been or will be transferred to you from Club or
anyone else. You also agree that you will not
alter, disassemble, decompile, reverse engineer
or otherwise modify the Downloaded Material.
10 SUSPENSION AND TERMINATION
We shall have the right to immediately terminate
this Contract and/or suspend your access to the
Service if you commit a breach of these terms
and conditions.
11 COMPETITIONS
When entering a specific competition we will alert
you to any particular rules and/or restrictions
applicable to that competition, please click here
and ensure that you read our general competition
rules which apply to entry in all of our competitions.
12 USER PRIVACY
Click here for information on our privacy policy
and our treatment of the Registration Information
and/or any other personal information relating
to you that we collect in the course of providing
the Service. Additionally, you may ask questions
or raise comments about privacy issues by sending
an email to info@zonehorror.tv.
13 MOBILE SERVICES
Click here for information on our mobile services
and additional terms and conditions applicable
when users interact with us by mobile devices/SMS
(e.g. when entering competitions, or registering
a vote using text messaging services).
14 MESSAGE BOARDS AND CHATROOMS
Click here for our Message Board and Chatroom
Code of Conduct.
15 CHANGES TO THE TERMS AND CONDITIONS
AND THE SERVICE
We reserve the right to change these terms and
conditions from time to time by placing a note
of such change in this file, and your continued
use of the Service following notice of such change
shall be deemed to be your acceptance of any such
change. It is your responsibility to check this
file regularly to determine whether this Contract
has been changed. If you do not agree to any change
in the terms and conditions of this Contract then
you must immediately stop using the Service. We
also reserve the right to change and update the
Service from time to time.
16 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.
17 NO WAIVER
No waiver by us shall be construed as a waiver
of any preceding or succeeding breach of any provision.
18 CHOICE OF LAW AND JURISDICTION
This Contract shall be governed by English law
and the parties hereby irrecoverably submit to
the exclusive jurisdiction of the English courts.
19 LINK TO THIRD PARTIES
This Website and the Chello Zone Sites may contain
links to websites operated by parties other than
Chello Zone (for example, users may be able to
buy goods and services via the Website, some of
which may be through third party retailers who
link to the Website). Such links are provided
for your convenience only. Chello Zone does not
in anyway own, control or participate in the operation
of such websites, and makes no warranties as to
the content, legality, or legitimacy of such websites.
Chello Zone’s inclusion of links to such
websites does not imply any endorsement of the
material on such websites or any association with
their operators. Users may also enter into correspondence
with or participate in promotions of advertisers
on the Website and Chello Zone in no way endorses
these third parties and any such transactions,
dealings, correspondence with or participation
in promotions of, third parties, including the
delivery of and the payment for goods and services
and any other terms, conditions, warranties or
representations associated with such matters are
solely between the corresponding user and the
third party. Chello Zone assumes no liability,
obligation or responsibility for any part of any
such transaction, dealing, correspondence or participation
and makes no warranties thereto. |