ANY PERSON OR ENTITY ("User"), REGISTERED TO USE OR ACCESS THE SITES AT pointblanklondon.com AND pointblankmusicschool.com (“Sites”) OR ANY INFORMATION CONTAINED WITHIN THE SITES, AGREES TO AND IS BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS REGISTERED USER AGREEMENT ("Agreement"):
1. CONTRACTING PARTIES
When you register with either Sites, you are contracting with pointblank Limited, of [new address?] . pointblank Limited is referred to in these terms and conditions as "we", "us", "our" or “pointblank”.
2. PASSWORDS
You agree: to keep your password secure and confidential and to not allow anyone else to use your email address or password to access the Sites; to not do anything which would assist anyone who is not a registered User to gain access to any secured area of the Sites, and; to not create additional registration accounts for the purpose of abusing the functionality of the Sites, or other users, or to seek to pass yourself off as another User. If you think someone else has obtained your account details, please let us know immediately and we will close your account as quickly as possible. You will be responsible to pointblank and to others for all activity that occurs under your registration account.
3. YOUR PERSONAL INFORMATION
You agree to provide only true, accurate and complete information to us and/or the Sites. Any personal information provided by Users will be treated with appropriate care and security in accordance with our Privacy Policy.
4. CONTENT
Your use of the Sites and/or all content contained within the Sites (“Content”) is entirely at your own risk. Please note, whilst we endeavour to provide accurate and up-to-date information, the Content may not be wholly accurate or up-to-date, complete or free of defects, and is subject to change, often at very short notice. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law. pointblank, unless otherwise stated herein, owns or controls all relevant intellectual property rights in the Sites and the Content. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Sites or Content in any form (including storing it in any medium) other than as expressly allowed herein or as permitted on the Sites or under UK or local law. The Sites and the Content are for your personal, non-commercial use only, and are not for re-distribution, transfer, assignment or sublicense.
5. OBJECTIONABLE MATERIAL
If you encounter or become aware of any objectionable or infringing or unlawful content posted anywhere on the Sites, please immediately report such material (and the specific page on which it is found) to pointblank. Please note that there may be adverse legal consequences if you make a false or bad faith allegation through this process.
6. SUBMITTING MATERIAL
If you upload any material to the Sites (including, without limitation, text, photographs and/or written comments) you hereby grant to us a worldwide, perpetual, non-exclusive licence to use that material in any media. You further agree to waive your moral rights for the purposes of this licence. You warrant and represent that you personally created, wrote and produced such content and all materials contained within such content. We reserve the right to cut, edit, crop or arrange your material as necessary in our discretion. Unless you have requested otherwise, your name may be published alongside your material. If you do not want to grant these rights, please do not submit material to the Sites.
7. CODE OF CONDUCT FOR USER CONTENT
You agree that you are responsible for everything that you post or transmit to the Sites and you agree (in relation to the Sites):
not to post content or participate in any form of activity via the Sites which is unlawful, harassing, libellous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually-oriented, racially-offensive or otherwise includes objectionable material;
- not to post content which you do not have the right to use;
- not to abuse other Users;
- not to spam other Users or anyone else;
- not to publish your own contact details or those of anyone else;
- not to register more than one account for yourself or anyone else.
You acknowledge and accept that when you upload material to the Sites, you may be exposed to comments or critical submissions from other Users that are unfair, inaccurate, offensive, indecent, or otherwise objectionable to you and you hereby waive any rights or remedies you have or may have against us with respect to any such comments or submissions.
8. LIABILITY
You agree that the liability of pointblank to you hereunder shall be limited to the lesser of: (1) the amount you have actually paid to pointblank for its products or services; and (2) one hundred pounds (£100). Except as set out herein, pointblank shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of the Sites or in relation to the goods and/or services that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of pointblank.
9. INDEMNITY
You agree to indemnify pointblank for any loss or damage that may be incurred by pointblank, including without limitation legal fees, arising from any breach by you of any warranty or other term herein or your misuse of any material or information obtained through the Sites. You further undertake to indemnify pointblank for all loss or damage incurred by pointblank in relation to any third party claim against pointblank for infringement of intellectual property rights arising in relation to your provision of materials to the Sites.
10. TRADEMARKS
The brands, products and service names used or appearing within the Sites (including, without limitation, “pointblank") are the trade marks or trade names of pointblank or its trading partners unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trade marks, trade names or taglines without the prior written permission of pointblank.
11. HACKING
You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with the Sites in any manner. If you in any way Interfere with the Sites, you agree to pay all damages incurred by pointblank. pointblank will cooperate with the authorities in prosecuting any User who Interferes with the Sites or otherwise attempts to defraud pointblank or any other parties through your use of the Sites or services provided via the Sites. pointblank reserves the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. You agree that we may block your IP address or addresses at any time, and at our sole discretion to disallow your continued use of the Sites. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
12. NO PARTNERSHIP
Your use of the Sites and/or the content creates no partnership, client, fiduciary or other professional relationship.
13. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement.
14. FORCE MAJEURE
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control.
15. SEVERANCE
If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
16. NO WAIVER
No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this Agreement shall operate as a waiver of any breach of the same or any other provision of this Agreement.
17. VARIATION
This Agreement may be varied from time to time by our posting new terms on the Sites, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Sites. Your continued use of the Sites or services constitutes agreement with and acceptance of any such amendment or other changes.
18. LAW AND JURISDICTION
This Agreement shall be governed by and will be construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the English Courts.
19. CONTACTING US
For enquires regarding the Sites and returns, please contact us at the following address: pointblank Limited, 23-28 Penn St, London N1 5DL, or contact us at info@pointblanklondon.com.