IMPORTANT:
YOU MUST READ THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE ACCESSING AND USING
THE WEB SITE. BY ACCESSING AND USING THE WEB SITE YOU AGREE TO BE BOUND BY THE TERMS
AND CONDITIONS SET OUT BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND
CONDITIONS, YOU MAY NOT USE ACCESS OR USE THE WEB SITE.
1. Definitions "Information" means all material delivered by Big Finish Productions
Ltd. (BFP) through this web site (the "Web Site"). "User" means you, the Web Site
end-user. "Contract" means this Web Site agreement.
2. Warranty THE WEB SITE AND THE INFORMATION ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS AND BFP MAKES NO WARRANTIES OR REPRESENTATIONS, WHETHER EXPRESS
OR IMPLIED, IN RELATION TO THE INFORMATION OR THE WEB SITE, INCLUDING BUT NOT LIMITED
TO IMPLIED WARRANTIES OR CONDITIONS OF COMPLETENESS, ACCURACY, SATISFACTORY QUALITY
AND FITNESS FOR A PARTICULAR PURPOSE.
3. Liability THE USER AGREES THAT, EXCEPT FOR DEATH AND PERSONAL INJURY ARISING
FROM THE NEGLIGENCE OF BFP, BFP 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, INCLUDING WITHOUT LIMITATION, DAMAGE FOR LOSS
OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
OR ANY OTHER PECUNIARY LOSS (EVEN WHERE BFP HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH LOSS OR DAMAGE).
4. Rights Granted/Rights Reserved BFP provides the Information to the User solely
for the personal purposes of the User and the User 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
the express written permission of BFP, subject to which the User may upload and
/ or send material derived from the Information or other material to BFP. By uploading
or sending any material to BFP the User thereby grants to BFP an irrevocable, unconditional
worldwide, royalty free licence to use such material or any part of it in perpetuity
in any and all media and in any manner it may determine in its sole discretion.
Furthermore, the User thereby waives all so-called moral rights or other such similar
rights in such material.
5. The Web Site The User acknowledges: (a) that it is technically impossible to
provide the Web Site free of faults and that BFP does not undertake to do so; (b)
that faults may lead to temporary unavailability of the Web Site; and (c) that the
operation of the Web Site may be adversely affected by conditions and performances
outside BFP's control.
6. Third Party Information The User further acknowledges that some of the Information,
for example software, is supplied to BFP by third parties and accordingly BFP offers
no warranty of whatever nature in relation to such Information.
7. Use of the Web Site/Indemnification The User undertakes: (a) not to use the Information
for any unlawful purpose; (b) that it shall not make any use of the Web Site so
that the Web Site is interrupted, damaged, rendered less efficient, or the functionality
of the Web Site is in any way impaired; (c) not to use the Web Site for the transmission
or posting of any computer viruses or any material which is defamatory, offensive
or of an obscene or menacing character, or in such a way as to cause annoyance,
inconvenience or needless anxiety; (d) not to use the Web Site in a manner which
constitutes a violation or infringement of any person, firm or company (including
but not limited to rights of copyright or confidentiality); (e) that it shall not
use the Web Site to transmit any material for the purposes of publicity, promotion
and/or advertising without the prior written consent of BFP unless such transmission
has been specifically requested by another user of the Web Site; and (f) that in
the event that it has any right, claim or action against any other user arising
out of the use of the Web Site it shall pursue such right, claim or action independently
of, and without recourse to, BFP. The User will indemnify and defend BFP against
all claims, liability, damages, costs and expenses, including legal fees, arising
out of a breach of this Contract or any use of the Information or the Web Site by
the User. The User acknowledges that BFP has no control over the nature or content
of information or programs transmitted or received by the User using the Web Site
and that BFP does not examine in any way the use to which the User puts the Web
Site. The User agrees to fully indemnify BFP against any claims or legal proceedings
arising in connection with User's use of the Web Site which are brought or threatened
against BFP by any other person.
8. Intellectual Property The User acknowledges that all copyright, trade marks and
all other intellectual property rights in the Information shall remain vested in
BFP or its licensors including BBC Television, BBC Worldwide Ltd., Roger Hancock
Ltd., The Agency etc.
9. Suspension and Termination BFP shall have the right to immediately terminate
this Contract and/or suspend the Web Site if the User commits a breach of these
terms and conditions.
10. User Data BFP reserves the right to include the name, address and other relevant
information relating to the User in a directory for the use of BFP to PO Box 1123,
Maidenhead, Berkshire SL6 3LW, unless specifically requested by the User in writing
not to do so.
11. Links BFP is not necessarily affiliated with sites which may be linked to this
site and is not responsible for their content ("Linked Sites"). The Linked Sites
are for your convenience only and you access them at your own risk.
12. Your Privacy When you place orders, we offer the use of a secure server. The
secure server software (SSL) encrypts all information you input before it is sent
to us. Furthermore, all of the customer data we collect is protected against unauthorised
access. BFP does not sell, trade, or rent your personal information to others. BFP
may release account information when we believe, in good faith, that such release
is reasonably necessary to (i) comply with law, (ii) enforce or apply the terms
of any of our user agreements or (iii) protect the rights, property or safety of
BFP, our users, or others.
13. Changes to the Terms and Conditions BFP reserves the right to change these terms
and conditions from time to time by placing a note of such change in this file,
and the User's continued use of the Web Site following notice of such change shall
be deemed to be the User's acceptance of any such change. It is the User's responsibility
to check this file regularly to determine whether this Contract has been changed.
If the User does not agree to any change to the terms and conditions of this Contract
then the User must immediately stop using the Web Site.
14. 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.
15. No Waiver No waiver by BFP shall be construed as a waiver of any proceeding
or succeeding breach of any provision.
16. Choice of Law This Contract shall be governed by English law and the parties
hereby irrecoverably submit to the exclusive jurisdiction of the English Courts.
BFP 08/08/00