PHD - TERMS OF WEBSITE USE
This page (together with the documents referred to on it) tells you the terms of
use on which you may make use of our website plastichead.com (our site), whether
as a guest or a registered user. Please read these terms of use carefully before
you start to use the site. By using our site, you indicate that you accept these
terms of use and that you agree to abide by them. If you do not agree to these
terms of use, please refrain from using our site.
INFORMATION ABOUT US
Plastichead.com is a site operated by Plastic Head Music
Distribution Limited ("We"). We are registered in England and Wales under
company number 02244540 and have our registered office at Avtech house,
Hithercroft, Wallingford, Oxfordshire OX10 9DA, which address is our main
trading address. Our VAT number is 490841334.
We are a limited company.
ACCESSING OUR SITE
Access to our site is permitted on a temporary basis, and we
reserve the right to withdraw or amend the service we provide on our site
without notice (see below). We will not be liable if for any reason our site is
unavailable at any time or for any period. From time to time, we may restrict
access to some parts of our site, or our entire site, to users who have
registered with us. If you choose, or you are provided with, a user
identification code, password or any other piece of information as part of our
security procedures, you must treat such information as confidential, and you
must not disclose it to any third party. We have the right to disable any user
identification code or password, whether chosen by you or allocated by us, at
any time, if in our opinion you have failed to comply with any of the provisions
of these terms of use. When using our site, you must comply with the provisions
of our Acceptable Use Policy.
You are
responsible for making all arrangements necessary for you to have access to our
site. You are also responsible for ensuring that all persons who access our site
through your internet connection are aware of these terms, and that they comply
with them.
MEMBER ACCOUNT, PASSWORD AND SECURITY
If our site, or any product or
service offered through our site requires you to open an account, you must
complete the registration process by providing us with current, complete and
accurate information as prompted by the applicable registration form. You then
will choose a password and a user name. You are 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 notify us immediately of any unauthorised use of your
account or any other breach of security. We will not be liable for any loss that
you may incur as a result of someone else using your password or account, either
with or without your knowledge. However, you could be held liable for losses
incurred by us or another party due to someone else using your account or
password. You may not use anyone else's account at any time without the
permission of the account holder.
INTELLECTUAL PROPERTY RIGHTS
We are the owner
or the licensee of all intellectual property rights in our site, and in the
material published on it. Those works are protected by copyright laws and
treaties around the world. All such rights are reserved. You may print off one
copy, and may download extracts, of any page(s) from our site for your personal
reference and you may draw the attention of others within your organisation to
material posted on our site. You must not modify the paper or digital copies of
any materials you have printed off or downloaded in any way, and you must not
use any illustrations, photographs, video or audio sequences or any graphics
separately from any accompanying text. Our status (and that of any identified
contributors) as the authors of material on our site must always be
acknowledged. You must not use any part of the materials on our site for
commercial purposes without obtaining a licence to do so from us or our
licensors. If you print off, copy or download any part of our site in breach of
these terms of use, your right to use our site will cease immediately and you
must, at our option, return or destroy any copies of the materials you have
made.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on
our site are not intended to amount to advice on which reliance should be
placed. We therefore disclaim all liability and responsibility arising from any
reliance placed on such materials by any visitor to our site, or by anyone who
may be informed of any of its contents.
OUR SITE CHANGES REGULARLY
We aim to
update our site regularly, and may change the content at any time. If the need
arises, we may suspend access to our site, or close it indefinitely. Any of the
material on our site may be out of date at any given time, and we are under no
obligation to update such material.
OUR LIABILITY
The material displayed on our
site is provided without any guarantees, conditions or warranties as to its
accuracy. To the extent permitted by law, we, other members of our group of
companies and third parties connected to us hereby expressly exclude:
- All
conditions, warranties and other terms which might otherwise be implied by
statute, common law or the law of equity.
- Any liability for any direct,
indirect or consequential loss or damage incurred by any user in connection with
our site or in connection with the use, inability to use, or results of the use
of our site, any websites linked to it and any materials posted on it,
including, without limitation any liability for: • loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time;
and for
any other loss or damage of any kind, however arising and whether caused by tort
(including negligence), breach of contract or otherwise, even if foreseeable,
provided that this condition shall not prevent claims for loss of or damage to
your tangible property or any other claims for direct financial loss that are
not excluded by any of the categories set out above.
This does not affect our
liability for death or personal injury arising from our negligence, nor our
liability for fraudulent misrepresentation or misrepresentation as to a
fundamental matter, nor any other liability which cannot be excluded or limited
under applicable law.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
We process information about you in accordance with our Privacy Policy. By using our site, you consent to such
processing and you warrant that all data provided by you is accurate.
TRANSACTIONS CONCLUDED THROUGH OUR SITE
Contracts for the supply of goods or
services or formed through our site or as a result of visits made by you are
governed by our Terms of Supply .
UPLOADING MATERIAL TO OUR SITE
Whenever you make use of a
feature that allows you to upload material to our site, or to make contact with
other users of our site, you must comply with the content standards set out in
our Acceptable Use Policy. You warrant
that any such contribution does comply with those standards, and you indemnify
us for any breach of that warranty.
Any material you upload to our site will be
considered non-confidential and non-proprietary, and we have the right to use,
copy, distribute and disclose to third parties any such material for any
purpose. We also have the right to disclose your identity to any third party who
is claiming that any material posted or uploaded by you to our site constitutes
a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or
accuracy of any materials posted by you or any other user of our site.
We have the right to remove any material or posting you make on our site if, in our
opinion, such material does not comply with the content standards set out in our
Acceptable Use Policy.
VIRUSES,
HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing
viruses, trojans, worms, logic bombs or other material which is malicious or
technologically harmful. You must not attempt to gain unauthorised access to our
site, the server on which our site is stored or any server, computer or database
connected to our site. You must not attack our site via a denial-of-service
attack or a distributed denial-of service attack.
By breaching this provision,
you would commit a criminal offence under the Computer Misuse Act 1990. We will
report any such breach to the relevant law enforcement authorities and we will
co-operate with those authorities by disclosing your identity to them. In the
event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed
denial-of-service attack, viruses or other technologically harmful material that
may infect your computer equipment, computer programs, data or other proprietary
material due to your use of our site or to your downloading of any material
posted on it, or on any website linked to it.
LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does
not damage our reputation or take advantage of it, but you must not establish a
link in such a way as to suggest any form of association, approval or
endorsement on our part where none exists.
You must not establish a link from
any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home
page. We reserve the right to withdraw linking permission without notice. The
website from which you are linking must comply in all respects with the content
standards set out in our Acceptable Use Policy.
If you wish to make any use of material on our site other than that set
out above, please address your request to mailorder@plastichead.com.
LINKS FROM OUR SITE
Where our site contains links to other sites and resources provided by third
parties, these links are provided for your information only. We have no control
over the contents of those sites or resources, and accept no responsibility for
them or for any loss or damage that may arise from your use of them.
JURISDICTION AND APPLICABLE LAW
The English courts will have non-exclusive
jurisdiction over any claim arising from, or related to, a visit to our site
although we retain the right to bring proceedings against you for breach of
these conditions in your country of residence or any other relevant country.
These terms of use and any dispute or claim arising out of or in connection with
them or their subject matter or formation (including non-contractual disputes or
claims) shall be governed by and construed in accordance with the law of England
and Wales.
TRADE MARKS
“PHD” and “Plastic Head” are trade marks of Plastic head
Music Distribution Limited.
VARIATIONS
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to
time to take notice of any changes we made, as they are binding on you. Some of
the provisions contained in these terms of use may also be superseded by
provisions or notices published elsewhere on our site.
YOUR CONCERNS
If you have
any concerns about material ,which appears on our site, please contact mailorder@plastichead.com.
Thank you for visiting our site.