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T & C's
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Terms and Conditions.
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Terms and Condititons
1 In General
Access to and use of this Web site and the products and search services available
through this Web site (collectively, the "Services") are subject to the following
terms, conditions and notices (the "Terms of Service"). By using the Services,
you are agreeing to all of these terms, conditions and notices, without modification.
Furthermore, you acknowledge that the Terms of Service may be updated by us from
time to time. This Web site also contains links to other Web sites, Web pages
and services, which are not operated by Jiraffe (the "Linked Sites"). Your use
of such Linked Sites will be subject to the terms of service contained within
each such site and the respective terms of service will control the use of the
respective site. In any event your link through to such a site will be subject
to the these Terms of Service. You recognise that Jiraffe has no control over
such Linked Sites and information, and you accept that Jiraffe provides no guarantee
as to the accuracy or reliability of such sites or the information contained
in them and you agree that we shall have no responsibility as to whether such
links locate unintended or objectionable content or otherwise cause you distress,
loss or damage.
2 Privacy policy
Under Jiraffe's privacy policy we may disclose to third parties certain information contained in our Users' registration applications, but we will not disclose your name, address, email address or telephone number unless we have informed you, been authorised by you, or are required to do so by law, subject to the Data Protection Act 1998. Our privacy policy may be found at Privacy Policy.
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3 Prohibitions
You will not: commit or encourage a criminal offence; send or receive any material which is in any way offensive or obscene, or in breach of confidence, copyright, privacy or any other rights; act contrary to the acceptable use policies of any Linked Sites or community standards generally; transmit or distribute a virus; hack into any aspect of the Service; corrupt data; cause annoyance to other Users; infringe upon the rights of any other person's trade marks or other proprietary rights; send any unsolicited advertising or other promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through the Jiraffe Web site.
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4 Intellectual Property, Software and Content
The intellectual property rights in all software made available and content supplied
to you remains the property of Jiraffe, its licensors, advertisers or content
suppliers. You will comply with the terms of any agreement required by the owner
of intellectual property rights in all software and content supplied to you as
notified to you and you hereby acknowledge that all software that is not made
readily available to you is confidential, and that all other rights including
but not limited to database rights and copyright are asserted and reserved by
Jiraffe, its licensors, advertisers or content suppliers. You may store, manipulate,
analyse, reformat, print and display the content supplied solely for your own
personal use. In no event are you permitted to publish, distribute or otherwise
reproduce in any format any of the content or copies of the content supplied
to you or which appears on the Jiraffe site and you are prohibited from using
any such content in connection with any business or commercial enterprise including,
without limitation, any media business or enterprise. You shall not modify, translate,
reverse engineer, decompile, disassemble (except to the extent that applicable
laws expressly or impliedly prohibit such restriction) or create derivative works
based on any software or any documentation accompanying such software supplied
by Jiraffe, its licensors, advertisers or content suppliers. as Jiraffe are
trade marks belonging to Jiraffe Limited. No license or consent is granted
to
you
to
use these marks in any way, and Jiraffe reserves all rights in these and any
related marks. You agree not to use these marks or any marks which are colourably
similar without the written permission of JiraffeonScreen.com Limited.
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5 E-tail of Products and Services
By making a request/order you are offering to purchase a product which we will
accept to sell to you on the following Terms and Conditions. All requests are
subject to availability and confirmation of the order price by us. Dispatch times
may vary according to availability and any guarantees warranties or representations
made as to delivery times are limited to mainland UK and are on the basis that
we are not responsible for any delay in delivery occurring due to postal delays
or force majeure. Jiraffe are absolutely entitled to refuse any request made by
you. If your order is accepted we will inform you by emailing you or else by
calling you. We will also provide the identity of the party you have contracted
with. This may be Jiraffe Limited or in certain cases a third party. Where a
contract
is made with a third party Jiraffe is not acting as either agent or principal
and the contract is made between yourself and that third party. When making a
request you undertake that all details you provide to us requesting goods or
services or bids made at auction are true and accurate, that you are an authorised
user of the credit or debit card used to make your request or bid and that there
are sufficient funds to cover the cost of the goods, services or bid. It is your
responsibility to inform us of any changes to these details as soon as possible.
Our returns policy. The cost of foreign products and services may fluctuate.
All prices advertised are subject to such changes.
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6 DISCLAIMER OF WARRANTIES
THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THIS WEB SITE AND THE LINKED SITES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, Jiraffe DISCLAIMS AND EXCLUDES ALL REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS AND CONTENT INCLUDED IN AND ACCESSIBLE FROM THIS WEB SITE OR THE LINKED SITES.
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7 DISCLAIMER OF LIABILITY
UNLESS EXPRESSLY STATED TO THE CONTRARY TO THE FULLEST EXTENT PERMITTED BY LAW Jiraffe, ITS CONTENT PROVIDERS, ADVERTISERS OR LINKED SITES SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT WITHOUT LIMITATION TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, DAMAGE TO GOODWILL OR REPUTATION, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, PERFORMANCE OR FAILURES OF THIS WEB SITE OR THE LINKED SITES, EVEN IF Jiraffe HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IRRESPECTIVE OF WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, EQUITY, RESTITUTION, BY STATUTE, AT COMMON LAW OR OTHERWISE. YOU HAVE READ THIS DISCLAIMER AND AGREE TO IT ON THE BASIS THAT YOU AGREE IT IS REASONABLE.
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8 DISCLAIMER AS TO OWNERSHIP OF TRADE MARKS
EXCEPT WHERE EXPRESSLY STATED TO THE CONTRARY ALL PERSONS, PRODUCTS, SERVICES AND LOCATIONS FEATURING ON THE Jiraffe WEB SITE ARE IN NO WAY CONNECTED, ASSOCIATED, LINKED OR AFFILIATED TO Jiraffe. FURTHERMORE, UNLESS IT IS EXPRESSLY STATED ON THE Jiraffe WEB SITE THAT A CERTAIN PRODUCT, SERVICE OR LOCATION IS CONNECTED, ASSOCIATED, LINKED OR AFFILIATED TO THE MAKERS, RIGHT OWNERS OR BROADCASTERS (THE "MAKERS") OF A FILM OR PROGRAMME YOU SHOULD NOT MAKE SUCH AN ASSUMPTION, OR RELY IN ANY WAY ON THE EXISTENCE OF SUCH A CONNECTION, ASSOCIATION OR AFFILIATION, BY IMPLICATION OR OTHERWISE. ANY TRADE MARKS/NAMES AS MAY BE FEATURED ON THE Jiraffe WEB SITE ARE OWNED BY THE RESPECTIVE TRADE MARK OWNERS AND Jiraffe CLAIMS NO CONNECTION, ASSOCIATION OR AFFILIATION WITH THEM. WHERE A TRADE MARK (BRAND NAME) IS REFERRED TO IT IS USED TO DESCRIBE OR IDENTIFY THE PRODUCTS, SERVICES OR LOCATIONS (THE "GOODS") OR ELSE IT IS USED TO IDENTIFY THE FILM OR PROGRAMME WHERE SUCH GOODS APPEARED, BUT THAT IS IN NO WAY AN ASSERTION OR CLAIM THAT SUCH GOODS ARE ENDORSED BY OR CONNECTED, ASSOCIATED, LINKED OR AFFILIATED TO THE MAKERS OF THE RELEVANT FILM OR PROGRAMME.
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9 Indemnity
You agree to indemnify, defend and hold harmless Jiraffe, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your use of the Jiraffe services, your breach of the Terms of Service, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.
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10 Variation of content
Jiraffe shall have the right in its absolute discretion at any time and without notice to amend, remove or vary any of the content supplied in connection with the Service or which appears on any page of the Jiraffe Web site.
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11 Submissions
All information and material submitted by you to Jiraffe or that you publish on any public area of the Jiraffe Web site shall be provided by the submitter and accepted by Jiraffe on a non-confidential basis subject to paragraph 2 above. Furthermore, Jiraffe shall be granted a perpetual royalty-free non-exclusive license in the copyright of any material submitted and Jiraffe shall be free to use, edit, copy, republish and distribute (for any purpose) and authorise others to do the same, any such information or material and any ideas contained in such information or material.
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12 Termination
Jiraffe may at any time terminate or suspend any part of the Service without notice to you.
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13 Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
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14 Governing law
These terms and conditions shall be construed in accordance with English law and the courts of England OR the jurisdiction in which you are resident or domiciled (at Jiraffe's election) shall have jurisdiction to resolve any disputes between you and Jiraffe, without regard to any choice of law provisions or private international law. You hereby consent to the exclusive jurisdiction and venue of the Royal Courts of Justice, Strand, London, UK, for any and all disputes relating to the Terms of Service, use of this Web site or any Linked site in the event that Jiraffe have elected England as the jurisdiction.
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15 Entire agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Jiraffe. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Jiraffe.
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