IMPORTANT NOTICE: YOU MUST CAREFULLY READ AND THEN AGREE TO THE TERMS AND CONDITIONS SET OUT BELOW BEFORE ACCESSING AND USING THE SITE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE WEBSITE.
Welcome to our website (the "Website"). The Website is owned and made available by Pearl & Dean, Corinthian House, 279 Tottenham Court Road, London, W1T 7RJ referred to in these Terms and Conditions as "we" and "us" and our group companies including but not limited, Pearl & Dean Limited, Image Limited)("Group Companies"). These Terms and Conditions form part of an agreement between you, the end-user, and us, and that agreement sets out the conditions under which you may access any information, products, services and advertisements (the "Material") available through the Website.
If these Terms and Conditions are not accepted in full, you do not have permission to access the Website and the Material, and therefore your access to the Website should cease immediately. Use of the Website constitutes your acceptance of these Terms and Conditions, and they apply from the time of your first use of the Website.
Terms and Conditions
There may be other terms and conditions within areas of the Website, which relate to your use of such areas, and such other terms and conditions will, together with these Terms and Conditions, govern your use of the Website.
We reserve the right to change these Terms and Conditions and any other terms and conditions contained elsewhere on the Website at any time. It shall be your responsibility to check regularly to ensure that you agree to any such amendments. If you do not agree to any changes that we have made, you should stop accessing the Website immediately.
The Website and the Material are provided to you on an "as is" and "as available" basis without any representation, endorsement or warranty of any kind, express or implied (by law or otherwise). Specifically, we do not warrant: (1) that any functions on the Website will be uninterrupted or error free; (2) that any effects which may occur will be corrected; (3) that the Website or the server that makes it available, are free from bugs, defects or viruses; or (4) the accuracy of the Material.
You are using the Website and the Material at your own risk.
In no event shall we be liable for any loss or damage, howsoever arising, out of or in connection with your use of the Website or the Material, including, without limitation, direct or indirect loss, consequential loss or damage, loss of profit or goodwill, loss arising from use or inability to use, loss arising from any errors or omissions in the Material or in the Website as a result of breach of contract, negligence, delict or tort.
Intellectual Property Rights
The Website, including (but not limited to), music, ringtones, theme tunes artwork, data, frames, graphics, illustrations, logos, , names, pages, photographs, service marks, software, sound, source codes, text, trade marks, video, and other material (including the Material) is protected by copyright and/or other proprietary rights (the "Intellectual Property Rights").
The Intellectual Property Rights remain with us, or where any material has been licensed to us, with the rights owners of such material. You may not copy anything from the Website in whole or in part without our express written authority. You must abide by all additional copyright notices or restrictions contained on the Website.
Any Material, which is downloadable, is carefully checked for viruses before being uploaded onto the Website. However we recommend that, as an extra precaution you run your own virus check on any Material you download by opening it and/or saving it to your disk or hard drive.
The use by you of any screensavers, wallpapers or other software including any files and images (collectively the "Software) is licensed to you by us. We do not transfer control, ownership or any intellectual property rights in the Software to you.
Downloading by you of any Material ("Downloaded Material") is permitted by us provided only that: (1) You do not download on to any server or other device connected to a network; (2) you make no more than one printed copy of it and no further copies of such printed copies are made; (3) you make only personal, non commercial use of it and/or printed copy; and (4) you retain on it and/or printed copy or any part thereof, all copyright and other proprietary notices and shall remain bound by the terms of such wording and notices; (5) you do not offer any Downloaded Material for sale or for distribution.
No part of the Website may be used to construct a database of any kind, nor may the Website or any part of it be stored in databases for access by you or any person, unless you or such other person, have obtained our prior written consent.
Use of the Website
You undertake and warrant to us:
a. not to use the Material for any unlawful purpose;
b. not to make any use of the Website so that the Website is interrupted, damaged, rendered less efficient, or the functionality of the Website is in any way impaired;
c. not to copy, reproduce, recompile, de-compile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit or in any other way exploit any part of the Website;
d. not to use the Website for the transmission or posting of any computer viruses or any material which, in our sole opinion, is defamatory, offensive or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety to any person;
e. not to use the Website in a manner which, in our sole opinion, amounts to a violation or infringement of the rights of any person, firm or company (including but not limited to rights of copyright, confidentiality or privacy);
f. not to use the Website to transmit any material for the purposes of publicity, promotion and/or advertising on behalf of yourself or anyone else;
g. should you have any right, claim or action against any other person arising out of the use of the Website, you shall pursue such right, claim or action independently of, and without recourse to, us.
Right of Automatic Suspension
We shall have the right to immediately suspend your access to the Website if you commit a breach of these Terms and Conditions, and the right to remove any material that we, at our sole discretion, consider to be defamatory, or otherwise in breach of any of the above warranties.
You will indemnify and defend us against all claims, liability, damages, costs and expenses, including legal fees, arising out of a breach of these Terms and Conditions or any use of the Material or the Website.
Links to other Websites
Links are only permitted to the Home Page of the Website. You must not make the Website or any part of it available as part of another website, whether by hyperlink framing on the Internet or otherwise. You must not make the Website or any part of it appear on any other website as having a special relationship with that or any other website(s).
The Website contains links (the "Links") to websites operated by parties other than us ("Third Party Websites"). We do not control Third Party Websites, and are not responsible for their content. The inclusion of the Links does not imply any endorsement of the material on Third Party Websites, or any association with their operators. You are solely responsible for evaluating the integrity of the operators of any Third Party Websites; the accuracy and completeness of any information contained on them, and the value and authenticity of any goods or services offered through them.
Exclusion of Liability in Relation to Third Party Websites
We accept no liability with respect to any of the products, information, material or services offered or provided by any persons or other organisations listed on, or linked to, the Website, nor do we endorse any of them or any of their products or services unless otherwise stated. Should you decide to contract with any such person or organisation, the contract will be directly between you and that other party. We will have no contractual involvement, and will not be liable to you in contract or otherwise for any losses or damages that you suffer in relation to and as a result of products, information, materials or services provided to you by any of these organisations.
If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of law then, to the extent and within the jurisdiction in which that Term or Condition is found to be illegal, invalid or unenforceable, it shall be severed and deleted and the remainder of the Terms and Conditions shall survive, remain in full force and effect, and shall continue to be binding and enforceable.
No waiver by us of any breach by you of any of these Terms and Conditions shall constitute a waiver of any other breach, and no failure to exercise or partial exercise by us of any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy in part or in full.
Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with English and Welsh law. All disputes arising from them shall be submitted to the exclusive jurisdiction of the English and Welsh courts.
If you have any queries about these Terms and Conditions, you may contact us at Pearl & Dean Limited, Corinthian House, 279 Tottenham Court Road, London, W1T 7RJ