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Terms and Conditions of Use: DrownedinSound.com

Last Updated: January 9, 2008

DrownedinSound.com Limited ("DrownedinSound.com" / "the Website") can be accessed via the World Wide Web, Mobile phone, RSS feed, digital television, PDA and other similar devices. When you access DrownedinSound.com by whatever means the terms and conditions set out below shall apply at all times unless stated otherwise. Please read these terms of use carefully. This is a contract. By using this Website, you accept all terms, conditions and responsibilities of this agreement.

By using, accessing and using the network in any manner you are deemed to have accepted these conditions.

Some areas of DrownedinSound.com require registration. By completing the initial registration form and by entering your email address, you will be deemed to have accepted these terms and conditions. Also, by subscribing to any of our email services, you are deemed to have accepted these terms and conditions. If you register with DrownedinSound.com you are deemed to have read and accepted the DrownedinSound.com privacy policy.

If you have registered with us and subsequently change your details, you can update these details via the 'Community' page of the Website.

This Website is offered and made available only to users 13 years of age or older. If you are not yet 13 years old, please discontinue using the Website immediately. If, for any reason, you do not agree with all of the terms and conditions contained herein, please discontinue using the Website immediately.

Any changes we make to the terms and conditions will be reflected on this page so you should return to this page at regular intervals to check for changes.

1. Intellectual property rights

All material contained on the site and the design of the site are copyright DrownedinSound.com. If you want to use any content and materials on the Website you must obtain our prior written consent which we may withhold for whatever reason. You must not copy, use or modify our software in any manner. You acknowledge that we own the trademarks whether registered or unregistered in the name DrownedinSound and any associated variations thereto together with any device marks, design or artwork ("the Trademarks").

2. Use of content and material on DrownedinSound.com

"content and "material" means everything on the site. This includes but is not limited to, text, video, graphics and sound recordings, published on the DrownedinSound.com network, whether copyright of DrownedinSound.com Limited or a third party.

You can access, retrieve and display content and material on your computer, mobile phone, PDA and other similar devices and you are allowed to download and print extracts from the material and make copies of these for your own personal and non-commercial use only. You cannot download or print the material, or extracts from it for commercial use, reproduce or copy the content and material in a regular way or use the material in a data base in whatever form including but not limited to newsgroups, your own or a third party Website, mailing lists, bulletin boards or any systematic storage method whether in its original or modified form. You cannot use the Trademarks or remove them from the content and material without our prior written consent. For all other uses, permission from us must be sought in advance. A fee may be payable. Please email the Editor, Mike Diver at: mike.diver@drownedinsound.com if you wish to apply for permission to do so.

3. Registration

Areas of the Website are available to you on registration. Your registration is personal to you and you agree that you are using DrownedinSound.com as such. When granted, access is by your username and password. It is your responsibility to keep your username and password confidential and you must notify us if it is lost or stolen or you become aware of its unauthorized use. All information supplied by you must be accurate. It is your responsibility to update your information as necessary.

Access to the Website is on the following basis:

  1. you do not share your username and password with anyone else.
  2. you will not do anything which would assist anyone who is not a registered user to gain access to any registration area of DrownedinSound.com
  3. you shall only have one site registration and you shall not set up additional accounts to abuse or sabotage the site, its functionality or to abuse other users. Accordingly you will not pass yourself off as another user.
  4. you accept that we shall not be liable for the unauthorized use of your username and password including unauthorized transactions.
  5. you comply with these terms and conditions and indicate your acceptance of the terms and conditions when asked.

If, for any reason, we believe that you have not complied with these requirements, we may, at our discretion, cancel your access to the registration areas of the Website immediately and without giving you any advance notice.

4. Termination of Registration

You accept that we have absolute discretion to suspend or terminate your registration and access to the site whether in part or whole by emailing you at the address you gave at registration. If we have terminated your registration the agreement will terminate and your email address and password will become invalid on DrownedinSound.com immediately.

Equally if you wish to cancel your registration you may do so at any time but no refunds will be payable in relation to any (future) subscription service and any cancellation in respect of any goods and services offered by a third party will be subject to the terms and conditions of that third party.

5. Community

The site includes comment threads, community boards and other areas that allow users to interact with each other. We do not control the content posted to the forums and discussion groups but we reserve the right to delete, remove and/or edit messages and postings and terminate your access if we consider your use of the community to be inappropriate or damaging in any way. Our decision shall be final. You must follow any rules that we set down in relation to the community but in particular you must not do any of the following:

  1. post messages that contain viruses or other things that can cause harm and damage
  2. impersonate a person or entity, misrepresent that you are connected with any person or entity, disguise the origin of messages, collect data, store data, include links to other Websites which we deem are unrelated, advertise goods or services or invite people to join any chain letter
  3. post messages with recommendations to buy any product or service, post messages which are abusive, unlawful, threatening, libelous, infringe copyrights or trademarks or post illegal content
  4. do anything which we consider to be detrimental to the running of the forum and community including stopping others from using the community
  5. by submitting messages to the Community you agree to indemnify DrownedinSound.com and hold it harmless from any claims, including costs and expenses arising out of your postings that are in breach of this clause and agreement. In addition you hereby waive any rights you have or may have in relation to anonymity and anonymous postings and agree that we may disclose your name and personal details in the event that you are in breach of this clause and agreement
  6. you hereby agree that we may use any messages or content submitted by you on a royalty free basis and agree that we may use and alter the same in any manner whatsoever and you waive any and all moral rights in the messages and content submitted by you.

6. Disclaimer of liability

Whilst we try to ensure the accuracy of everything on DrownedinSound.com to the extent permitted by law, we do not accept any responsibility for any statement in the material. You must not rely on any statement we have published on DrownedinSound.com as we make no warranty express or implied concerning the content. If you are in doubt seek specialist professional advice. Nothing in the material is provided for any specific purpose or at the request of any particular person.

For the avoidance of confusion, we will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to the material or any part of it (except for death or personal injury attributable to our negligence and to the extent permitted at law).

6. Links

This Website may contain links to other Websites ("Linked Sites"). The Linked Sites are not under the control of DrownedinSound.com and DrownedinSound.com is not responsible for the contents of any Linked Sites. DrownedinSound.com provides Linked Sites to you only as a convenience, and the inclusion of any such Linked Sites is not an endorsement by DrownedinSound.com in favor of any company offering Internet services, products or services on these Linked Sites.

Other sites may link without prior permission to the Website's home page only. Permission must otherwise be granted by DrownedinSound.com for any other type of link to the Website. To seek our permission, you may email the Editor if you wish to apply for permission to do so.

Any third party Website that links to the Website:

  1. shall not create a frame, browse or border environment around any of the content of the Website may link to, but not replicate, Website content
  2. shall not state directly or imply that DrownedinSound.com is endorsing or sponsoring it or its products or services
  3. shall not present false information about DrownedinSound.com or its products or services;
  4. shall not use DrownedinSound.com trademarks without the prior written permission of DrownedinSound.com; and
  5. shall not contain content that could be construed by DrownedinSound.com as tasteful, offensive, obscene or controversial.

We do not warrant that the Website or any of its contents is virus free. You must take your own precautions in this respect as we hereby accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties. DrownedinSound.com claims all warranties in relation to fitness for purpose and we shall not be liable for any loss you may suffer arising directly or indirectly from the use of DrownedinSound.com

7. Advertising and third party material on DrownedinSound.com

You will see advertising material submitted by third parties on DrownedinSound.com. Individual advertisers are solely responsible for the content of advertising material which they submit to us, including ensuring that it complies with relevant legislation. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.

Third party advertising cookies: some of the advertisements you see on this site are generated by third parties. Some of these third parties generate their own "anonymous cookies", for the same reasons we do: to track how many unique users have seen a particular ad, and how many times they have seen it. These third party cookies cannot be used to identify an individual user, but only for statistical purposes, for example, in providing you with advertisements that are more relevant to your interests. Additionally, the companies that generate these cookies have their own, very strict, privacy policies but we don't have access to these cookies; other than allowing them to be served, we have no role to play in these cookies at all (although we may use statistical information arising from these third party cookies and provided to us by third parties, to improve the targeting of advertisements to users).

If you wish to advertise on DrownedinSound.com, please email Matt Ring at BSkyB: matt.ring@bskyb.com

8. Promotions and contests

The Website may, from time to time, contain competitions and other promotions that require you to send material or information about yourself. Those competitions or promotions may be governed by a separate set of rules that may have eligibility requirements. It is your responsibility to read such rules to determine whether your participation, registration and/or entry are valid. You agree to read and comply with such rules before entering any competition or promotion on the Website.

9. Submitting graphical material and photography for publication on DrownedinSound.com

When you upload or send a photograph or other graphical material to us you do so in accordance with these Terms of service.

This means that you hereby agree that you have taken the photograph(s) you have uploaded or sent to us or you have permission from or are authorised by the owner of the photograph(s) to send it (them) to us, and you are granting us a non-exclusive, royalty-free license to publish or otherwise use the photograph(s) in any way and at any time we want on the DrownedinSound.com Website. Selected photographs and graphical material will be published at the discretion of the Websites editor and you will not be paid, even if your photograph(s) is (are) published.

We may cut, edit, crop or arrange your photograph(s) or graphic as we think fit to appear on the DrownedinSound.com Website, and we may remove your photograph(s) or graphics at any time. Where possible, you will receive a name credit next to or close to your photograph(s) or graphic, but we may edit or delete any comments which you submit along with your photograph(s) or graphic.

IMPORTANT: You or the owner of the photograph(s) still own the copyright in the photograph(s) sent to us and are free to republish the photograph(s) wherever you or the owner wish and in whatever medium you or the owner wish.

10. Submitting text for publication on DrownedinSound.com

Users of our site may submit material for publication in various areas of the site, including our Community boards, user blogs and reviews. We accept no liability in respect of any material submitted by users and published by us and we are not responsible for its content and accuracy.

If you want to submit material to us for publication on DrownedinSound.com, you may do so on the following terms and conditions:

  1. the publication of any material you submit to us will be at our sole discretion. We reserve the right to make additions or deletions to the text or graphics prior to publication, or to refuse publication you grant us a non-exclusive, perpetual, royalty-free, worldwide license to republish any material you submit to us in any format, including without limitation print and electronic format
  2. 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
  3. you warrant that the material you submit is not obscene, offensive, defamatory of any person or otherwise illegal
  4. you agree not to post material which is deliberately intended to upset other users
  5. you acknowledge that any breach of these warranties may cause us damage or loss and you agree to indemnify us in full and permanently 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
  6. we reserve the right to remove your access to staff areas completely if we believe you are abusing the services in any way.

DrownedinSound.com shall have the right but not the obligation to monitor, from time to time, the content of the Website including, without limitation, the Community boards and message threads to determine compliance with this Agreement and any operating rules established by DrownedinSound.com and to satisfy any law, regulation or authorised government request. DrownedinSound.com shall have the right in its sole and absolute discretion to edit, refuse to post or remove any material submitted to or posted on the Website.

By using the Website, you agree not to post any content which libels, defames, invades privacy or is indecent, obscene, pornographic, abusive, threatening, illegal, solicits gambling or engages in any gambling activity, contains a virus or other harmful component, infringes on the ability of others to enjoy the Website or that infringes on the rights of others including, without limitation, any intellectual property rights of any entity or person, impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content, contains links to other sites that contain the kind of content which falls within the description set out above. DrownedinSound.com reserves the right to delete, move or edit any content and refuse access to anyone who DrownedinSound.com believes in its sole and absolute discretion has violated these terms or any other term of this Agreement. You hereby waive any and all rights you may have with respect to the alteration, modification or removal of any such content. DrownedinSound.com additionally reserves the right to terminate this Agreement against any further use of any person or entity who violates any term of this Agreement. If DrownedinSound.com receives a request to disclose the identities of users who post content to the Website and if DrownedinSound.com discloses the identify of a user pursuant to the Terms And Conditions of Use or DrownedinSound.com's Privacy Policy, you understand and agree that we may do so and you waive all rights in connection therewith.

All material you submit to the Website, including e-mails, becomes the sole and exclusive property of DrownedinSound.com.

DrownedinSound.com may reproduce, distribute, display, exhibit and otherwise exploit that material in all markets and media now known or hereafter devised throughout the Universe in perpetuity without payment of any compensation or other consideration to you. You hereby waive all moral rights you may have in and to that material. DrownedinSound.com does not consider any material you submit to the Website to be confidential or proprietary.

11. Force majeure ("act of god")

DrownedinSound.com, its affiliates and associates will not be liable or deemed liable for any failure or delay or interruption to your access to the Website for whatever reason. We shall endeavor to provide the best access we can at all times but we do not guarantee access and we accept no responsibility or liability for any interruption or delay. We shall not be liable in any way for any computer viruses, theft, errors, unauthorized access, strike, severe weather, earthquake or any government restriction that affects your access and use of this site.

12. Data protection

If you have indicated on the registration form that you wish to receive direct marketing material, your personal details will be included in a database compiled for direct marketing purposes. From time to time, you may receive direct marketing information from us or from third parties. If you have indicated that you wish to receive email updates only from DrownedinSound.com, your personal details will be included on a database compiled for this specific purpose. If you have indicated that you wish to receive direct marketing material or email updates from DrownedinSound.com but subsequently change your mind, you should change this setting via the social tools section of the Community page. As soon after this as is reasonably practicable, we will remove your name details from the relevant database.

13. Change of Terms

These terms may be varied from time to time. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use the site after it has been posted.

14. Governing Law & Jurisdiction

This agreement is governed by the laws of England and the exclusive jurisdiction of the English courts but we reserve the right to bring proceedings, which shall be the right of DrownedinSound.com exclusively, in courts of the country where you live.

15. Severability

If any portion of this Agreement is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of any other portion of this agreement which shall remain in full force and affect.

16. Notices

Any notices must be sent to us in writing at our last known place of business marked for the attention of the Managing Director.