TERMS AND CONDITIONS
OF USE
THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT (hereafter
"Terms") governs your use of our web site (hereafter "web
site"). It is vitally important that you read the Terms carefully, as your
use of the web site will automatically constitute your agreement to be legally
bound by the terms and conditions set out herein. These Terms also govern your
use or purchase of the products/services provided through or in connection with
the web site (hereafter "services"). Each time you use our services,
you acknowledge that you have read these Terms and agree to be legally bound by
them. If you do not agree to be bound by these Terms, you may not use the web
site(s) or the services provided by Blacklight Tours through its web site(s).
This Website is owned by Blacklight
Tours, a Blacklight Tours registered in England and Wales, whose registered
office is at 108 Gosset Street, London, E2 6NT.
The following words used in these Terms shall have the following
meanings:
LICENCE AND COPYRIGHT
The Blacklight Tours web site contains copyrighted material, trademarks
and other proprietary information, including, but not limited to, text,
software, photos, video, graphics, music and sound and the entire content of
the web site is copyrighted as a collective work under UK and International
copyright laws. Blacklight Tours owns a copyright in the selection,
coordination, arrangement and enhancement of such content, as well as in the
content original to it. User may not modify, publish, transmit, participate in
the transfer or sale, create derivative works or in any way exploit, any of the
content, in whole or in part. Except as otherwise expressly permitted under
copyright law or these Terms, no copying, redistribution, retransmission,
publication or commercial or non-commercial exploitation of downloaded material
will be permitted without the express written permission of Blacklight Tours
and the copyright owner. Elements of the web site are protected by trade dress,
trademark, unfair competition and other laws and may not be copied or imitated
in whole or in part, by any means, including but not limited to, the use of
framing or mirrors.
You are permitted to print and download extracts from this Website for
your own private use on the following basis:
Copyright Infringement
In accordance with UK and International law, any notifications of
claimed copyright infringement should be sent to us immediately. Such
notification can be sent by email, to info@blacklighttours.co.uk or by letter
to: Blacklight Tours, 108 Gosset Street, London, E2 6NT.
Copyright Infringement – Digital
Millennium Copyright Act
If operating in America: The Digital Millennium Copyright Act of 1998
(the "DMCA") provides recourse for copyright owners who believe that
material appearing on the Internet infringes their rights under U.S. copyright
law. If you are a copyright owner or an agent thereof and believe in good faith
that materials hosted by Blacklight Tours infringe your copyright, you (or your
agent) may send Blacklight Tours a notice requesting that the material be
removed or access to it blocked by providing Blacklight ToursÕ Copyright Agent
with the following information in writing (see 17 U.S.C 512(c)(3) for further
detail):
1. A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed; If you believe in good faith that a notice of copyright infringement has
been wrongly filed against you, the DMCA permits you to send Blacklight Tours a
counter-notice. Notices and counter-notices must meet the then-current
statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright
for details. Notices and counter-notices with respect to this website should be
sent to : Blacklight Tours, 108 Gosset Street, , London, E2 6nt.
Blacklight Tours suggests that you consult your legal advisor before
filing a notice or counter-notice. Also, be aware that there can be penalties
for false claims under the DMCA.
Any rights not expressly granted in these terms are reserved.
DISCLAIMER
While Blacklight Tours uses reasonable efforts to include accurate and
up-to-date information, Blacklight Tours specifically disclaims any and all
responsibility or liability for the accuracy, content, completeness, legality,
reliability, or operability or availability of information or material
displayed in any and all Blacklight Tours web sites, either now operating or
created in the future. Blacklight Tours disclaims any responsibility or
liability for the deletion, failure to store, mis-delivery, or untimely
delivery of any information or material. Blacklight Tours disclaims any
responsibility or liability for any harm resulting from downloading or
accessing any information or material on the Internet through the Blacklight
Tours web site.
Blacklight Tours does not make any warranties or representations
regarding any data, service and/or information provided or made available by
any User on any of the Blacklight Tours web sites or on any external web sites
linked to them. In particular, Blacklight Tours does not warrant or represent
that said data, service and/or information is true or accurate, or that it
fulfils or serves any particular purpose.
Without limiting the foregoing, under no circumstances shall Blacklight
Tours be held liable for any delay or failure in performance resulting directly
or indirectly from acts of nature, forces, or causes beyond its reasonable
control, including, without limitation, Internet failures, computer equipment
failures, telecommunication equipment failures, other equipment failures, electrical
power failures, strikes, labour disputes, riots, insurrections, civil
disturbances, shortages of labour or materials, fires, floods, storms,
explosions, acts of God, war, governmental actions, orders of domestic or
foreign courts or tribunals, non-performance of 3rd-parties, or loss of or
fluctuations in heat, light, or air conditioning.
BLACKLIGHT TOURS WEB SITES AND ALL MATERIALS, INFORMATION, PRODUCTS AND
SERVICES INCLUDED IN THE BLACKLIGHT TOURS WEB SITES, ARE PROVIDED "AS
IS," WITH NO WARRANTIES EXPRESSED OR IMPLIED. BLACKLIGHT TOURS EXPRESSLY
DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED AND
STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF
PROPRIETARY RIGHTS. BLACKLIGHT TOURS DISCLAIMS ANY WARRANTIES REGARDING THE
SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE BLACKLIGHT TOURS WEB
SITES. BLACKLIGHT TOURS DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE
OBTAINED THROUGH THE BLACKLIGHT TOURS WEB SITES. BLACKLIGHT TOURS DISCLAIMS ANY
WARRANTIES FOR SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED ON THE BLACKLIGHT
TOURS WEB SITES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE BLACKLIGHT TOURS
WEB SITES AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS
OR ANY USER CONTRIBUTIONS PROVIDED TO THE BLACKLIGHT TOURS WEB SITES.
USER UNDERSTANDS AND AGREES THAT THEY DOWNLOAD OR OTHERWISE OBTAIN
MATERIAL OR DATA THROUGH THE USE OF THE BLACKLIGHT TOURS WEB SITES AT THEIR OWN
DISCRETION AND RISK AND THAT THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO
THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH
MATERIAL OR DATA.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO
THE ABOVE EXCLUSIONS MAY NOT APPLY IN ALL CASES. USER MAY ALSO HAVE OTHER
RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
BLACKLIGHT TOURS AND ITS WEB SITES ARE NOT RESPONSIBLE OR LIABLE FOR
CONTENT POSTED BY USERS, 3rd -PARTIES, ACTIONS OF ANY 3rd-PARTY OR FOR ANY
DAMAGE TO, OR VIRUS THAT MAY INFECT, A USERÕS COMPUTER EQUIPMENT OR OTHER
PROPERTY.
LIABILITY
Blacklight Tours may modify, suspend, discontinue or restrict the use of
any portion of the Blacklight Tours web site, including the availability of any
portion of the content at any time, without notice or liability.
User acknowledges and agrees that it is virtually impossible to achieve
continuous, uninterrupted availability of the Blacklight Tours or any other,
web site. While we endeavour to ensure that this Website is normally available
24 hours a day, we will not be liable if for any reason this Website is
unavailable at any time or for any period. Access to this Website may be
suspended temporarily and without notice in the case of system failure,
maintenance or repair or for reasons beyond our control.
Our liability (and that of our officers, directors, employees, shareholders
or agents) of any kind (including our own negligence) with respect to our
website or service for any one event or series of related events is limited to
the total fees which you have paid to us in the 12 months before the event(s)
complained of.
In no event (including our own negligence) will we be liable for any: Nothing in these terms and conditions shall exclude or limit our
liability for (i) death or personal injury caused by negligence (as such term
is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii)
misrepresentation as to a fundamental matter; or (iv) any liability which
cannot be excluded or limited under applicable law.
INDEMNITY
User agrees to indemnify, defend and hold harmless Blacklight Tours its
web site(s) and each of its respective advertisers, partners, suppliers,
licensors, officers, directors, shareholders, employees, representatives,
contractors, agents and sub-licensees, from any and all claims (including but
not limited to claims for defamation, trade disparagement, privacy and
intellectual property infringement) and damages (including attorneys' fees and
court costs) arising from or relating to any allegation regarding:
GOVERNING LAW AND JURISDICTION
These terms and conditions shall be governed by and construed in
accordance with English law. Disputes arising in connection with these terms
and conditions shall be subject to the exclusive jurisdiction of the English
courts where the claim is brought by you, save where you have legal rights to
bring any claim in respect of such a dispute in any other jurisdiction. We
nevertheless retain the right to bring proceedings against you for any
threatened or actual breach of these terms and conditions in your country of
residence, registration or business or any other relevant country.
We do not warrant that materials, services or information for sale on
the Website are appropriate or available for use outside the United Kingdom. It
is prohibited to access the Website from territories where its contents are
illegal or unlawful. If you access this Website from locations outside the
United Kingdom, you do so at your own risk and you are responsible for
compliance with local laws.
If any provision of these Terms is, for any reason, invalid and/or
unenforceable, as determined in an appropriate Court of proper jurisdiction,
the remaining provisions shall continue to be valid and enforceable to the
fullest extent permitted by law. User agrees to replace an invalid and/or
unenforceable provision with a valid and/or enforceable provision that most
closely approximates the intent and economic effect of the invalid and/or
unenforceable provision and shall be interpreted most favourably, when
possible, to the benefit of Blacklight Tours.
MISCELLANEOUS
Section Titles : The section
titles used in these Terms are purely for convenience and carry with them no
legal or contractual effect.
Incident
Reporting : Any complaints regarding violations of these Terms by a User should
be directed to Customer Service at info@blacklighttours.co.uk. Where possible,
include details that would assist Blacklight Tours in investigating and
resolving the complaint (i.e. expanded headers and a copy of the offending
transmission).
Complaints
Procedure : We are very proud of our high standards of customer service however,
in the event that we fail in meeting these standards, please do not hesitate to
contact us at 108 Gosset Street, , London, E2 6nt.
ONLINE ACCEPTANCE
You may not assign, sub-license or otherwise transfer any of your rights
under these terms and conditions
If any provision of these terms and conditions is found by any court of
competent jurisdiction to be invalid, the invalidity of that provision will not
affect the validity of the remaining provisions which shall continue to have
full force and effect.
No person other than the parties to these terms and conditions are
intended to benefit from them pursuant to the Contracts (Rights of Third
Parties) Act 1999.
These Terms represent the entire understanding between User and Blacklight
Tours and supersedes any prior statements or representations. USER AGREES TO
THE TERMS OF THIS ONLINE AGREEMENT, by using the web site, itÕs services, sign
up, posting, downloading and uploading content, and understands that User is
entering into a binding and legal agreement with Blacklight Tours.
User agrees to file any claim regarding any aspect of this web site or
these Terms within six (6) months of the time in which the events giving rise
to such alleged claim began, or User agrees to waive such claim. User also
agrees that no claim subject to these Terms may be brought as a class action or
in any other jurisdiction than English courts.
These Terms and Conditions were last updated, and
became effective, on 18/08/2011.
Contact
Information : Our contact details are as follows: General email: info@blacklighttours.co.uk
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