Last Updated: 13:32pm BST 04/08/2008
Welcome to the http://www.thejazzmann.com website. Please read these Terms and Conditions (?Terms?) carefully as they govern how you may access and use the http://www.thejazzmann.com website and its services or any ?The Jazz Mann’ branded microsites (together the “Site, We, Us, The Jazz Mann, thejazzmann.com”).
By using any of the Site and/or any of its services you agree that you have read and accept these terms. Your continued use of the Site constitutes your agreement of all such terms. If you do not wish to be bound by them please leave the site immediately.
1. Changes to these terms
We reserve the right, at our sole discretion, to change or modify these Terms at any time without prior consent. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such Terms and you shall be responsible for reviewing and becoming familiar with any such modifications.
2. Use of the site
We may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or service. We cannot and do not guarantee that the site will operate continuously or without interruptions or be error free.
You are entirely responsible for ensuring that your computer (or whatever system you use to access The Jazz Mann) meets the technical specifications necessary to use the site and is compatible with the site. We make every effort to ensure the site is free of viruses or harmful code but you understand that we cannot and do not guarantee or warrant that the site will be free from infection, viruses, and/or other code that has contaminating or damaging properties.
You agree to use The Jazz Mann only for lawful purposes and comply with all applicable laws, regulations and codes.
You must not attempt to circumvent security, tamper with, hack or gain or attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not modify or attempt to modify all or any part of the Content or the Site.
At any time and without giving you any advance notice, we may permanently or temporarily and for any reason:
terminate, suspend or deny your access to the Site (whether in whole or in part); and/or any services; and/or
remove or edit any Content on the Site at any time, and in such circumstances all liability of The Jazz Mann, its representatives for any loss whatsoever arising from our removing or editing Content and/or your limited use of or inability to use the Site (either in whole or in part), email services and/or password is excluded, insofar as it is possible to do so in law.
3. Intellectual property
We are the owner or the licensee of all intellectual property rights in the Site, the Content and the Trade Marks. Subject to these Terms, we grant you a limited, temporary, revocable, and non-exclusive licence to access and use the Site for your personal and non commercial use only.
Content, Trade Marks and/or any other part of the Site may not be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent. You are not permitted to republish any part of the Site (including the Content) on another website, in any other medium (print, electronic or otherwise) or as part of any commercial service without our prior written permission.
4. Contributions to The Jazz Mann
Where the facility is made available to you on the Site, you may post material (including, but not limited to, comments, text, photographs or other images, audio material or other moving images) to us for publication on various areas of the Site.
By sending any material to us you agree to grant The Jazz Mann, free of charge, permission to use the material in any way (including on any other The Jazz Mann related services and sites) and, at our sole discretion, we reserve the right to edit or otherwise amend such materials prior to publication.
When you send any materials to us for publication on the Site, you do so in accordance with these Terms including, in particular, the following:
you grant us a royalty free, worldwide, perpetual and non-exclusive licence to use, copy, distribute, publish, syndicate, sub-license and transmit the whole or any part of such material (including without limitation any of the information, details, ideas, concepts and/or formats contained within it) in any manner and in any format and/or media (including, without limit, archiving and making such material available on the Site);
you agree that we may (at our discretion) disclose your identity to any third party who is claiming that any material sent by you to the Site is defamatory, in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright), in breach of any of the warranties set out in these Terms or otherwise is in breach of or violates any applicable law or regulation or code;
you warrant to us that any material you submit to us is your own original work and that you own the copyright and any other relevant rights;
you warrant that the material you submit is not: obscene, threatening, menacing, offensive, defamatory, abusive, in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright) or otherwise in breach of or violates any applicable law or regulation or code; and
you acknowledge that any breach of the warranties set out in Section 4. above may cause us damage or loss and you agree to indemnify us in full and permanently on demand against any third party liabilities, claims, costs, loss or damage we incur as a result of publishing material you submit to us, including consequential losses.
you waive any moral rights in all material you submit.
Whilst you acknowledge that we do not necessarily pre-screen any material that you have submitted to the Site, we reserve the right to remove, at any time and without reason or prior notice or any liability to you, any material that you have submitted.
The Jazz Mann reserves the right (but not the obligation) to monitor any communications that are made via the Site and you now consent to any such monitoring.
5. Data protection and privacy
6. Third parties and linking
The Site contains hypertext links to third party websites. We are not responsible for, nor do we endorse in any way such third party websites or their content. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk.
When using any Services operated by third parties, you will be dealing with them directly and as such any contracts and/or arrangements will be formed between you and them, without The Jazz Mann as a party and The Jazz Mann cannot be held liable for your use of or any liability arising out of the same.
While using the Site you must:
not deep-link to and/or frame or use framing techniques to enclose the Site or any part of the Site without our prior written consent;
not post, transmit, submit, refer to, make available or link to or from (or authorise or permit any other person to do the same) any material which:
is untrue, fraudulent, inaccurate or misleading; and/or
is obscene, threatening, menacing, offensive, defamatory, abusive, is in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright) or otherwise is in breach of or violates any applicable law or regulation or code, and/or
makes excessive demands for bandwidth; and/or
constitutes advertising (unless approved or otherwise authorised by us); and/or
contains any virus or other harmful code, or which may otherwise impair or harm the Site or our computer systems or any third party computer system, and we shall have sole discretion as to whether any material is in breach of this clause.
7. Accuracy of information
We make every effort to ensure that information on the Site is accurate but content, in particular reviews, is not intended to amount to advice on which reliance should be placed. We make no guarantee that any information is accurate and up-to-date and we accept no liability for any loss or damage caused by any reliance placed on such information by you or anyone whom you communicate such information to.
8. Advertising and sponsorship
Parts of the Site contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with all legal and regulatory requirements and does not contain any material which is objectionable including, without limit, information which is defamatory, obscene, threatening or untrue. We are not responsible for any such material or any error or inaccuracy contained in such material and any issues which you may have should be raised directly with the relevant advertiser or sponsor.
9. Our liability
You agree that we will not be responsible or liable under any circumstances for any amount or kind of loss or damage (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any anticipated loss of profit, loss of profit, loss of opportunity, loss of data, loss of goodwill, costs and fines and/or any special or incidental damages of any kind) that may result to you or a third party arising from or connected in any way to your use of this site.
Notwithstanding any provision of these Terms we do not exclude or limit its liability for:
death or personal injury caused by its negligence or that of any of its officers, employees or agents; or
fraudulent misrepresentation; or
any liability which it is not lawful to exclude either now or in the future.
These Terms and/or your use of the Site shall be governed by and construed in accordance with English law and the English Courts shall have exclusive jurisdiction over any dispute which may arise. Any contractual or legal relationship between you and The Jazz Mann will be conducted and concluded in English.
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