Terms & Conditions
NAME’s Terms & Conditions are laid out below. If you have any questions please contact admin@name.org.uk
NAME reserves the right to add, change, remove, suspend or discontinue any aspect of the Website at any time without notice. We may also impose limits on certain features and/or restrict access to parts of or all of the website properties without notice or liability to you or any third party.
1) Information
NAME makes every effort to ensure the accuracy and relevance of all information contained on this website. However the publishers cannot be held responsible for any information errors or misfortune arising from use of the site. Before travelling to an event, we strongly advise you to phone and check opening times and dates of events with the organiser.
2) NAME Online Shop Conditions
By ordering a product you accept these terms and conditions. The terms and conditions are subject to change at any time, and it is your responsibility to check these terms and conditions regularly before ordering products in case there are any changes.
a) Orders.
All orders are subject to acceptance and product availability. NAME aims to ensure that the pricing of products on the web pages is correct at all times; however, the web pages may not accurately reflect the correct details at the moment at which you place your order. NAME cannot confirm the price of a product until your order is accepted on despatch and NAME reserves the right to change prices without prior notice.
b) Availability of Goods.
Products that are discontinued are listed as such. All items are dispatched as quickly as possible, usually within 14 days. If NAME has insufficient stock to deliver the goods you have ordered, NAME will inform you by e-mail at the address given in your order form and any sum which may have been credited from your credit card will be re-credited to you within 30 days of the date of your order.
You warrant that the information given on your order form is complete and accurate.
c) Acknowledgement of Order
When you have completed your order you will be sent an e-mail confirming your order. It will state what the products are, the cost and invite you to check your order status and summary online. If your order has been unsuccessful you will be made aware of the reason why and possible explanations.
d) Our Contract
A legally binding contract between you and us will be formed when we send you an email confirming that we have despatched the product(s) to you. This email shall represent our legal acceptance of the offer you made to purchase the product(s) when you completed your order. If we confirm to you that some but not other products that you have ordered have been despatched, those product(s) that have not been despatched will not form part of our contract with you. In the event of any change e.g. in price or expected delivery date between completion of your order and contract formation, we shall inform you and you shall at that point have the right to either
i) Accept such change (in which case your email reply will represent a new offer which we will accept upon notification of despatch)
ii) Reject such change (in which case your email reply will represent a withdrawal of your order, or the relevant part of your order as the case may be).
e) Payment
All credit and charge card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, your order will not be accepted and NAME will not be liable for any delay or non-delivery.
f) Returns
Your statutory rights as a consumer are not affected if, for any reason, you wish to return a product bought from NAME. You will have the right to cancel your order within seven working days of delivery (starting the day after you receive the goods). This is a UK statutory right and will apply to your order unless your order has been broken or damaged by you. Please see the full Returns policy for more information.
g) Force Majeure
NAME shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond its reasonable control.
h) Limitation of Liability
Although we take every care to ensure accuracy, we make no warranties as to the accuracy of the information we place on our web pages. The extent of our liability for any breach of these terms and conditions shall be limited to the value of the goods ordered by you in the relevant transaction.
i) Invalidity of Terms and Conditions
If for any reason part of these terms and conditions is unenforceable, the validity of the remaining terms and conditions shall not be affected.
j) Governing Law and Jurisdiction
Contracts between you and NAME shall be governed by English Law and you and NAME submit to the exclusive jurisdiction of the English courts.
k) Your Personal Information
Information collected in relation to your order will not be held for any other purpose than to fulfil your order. NAME will contact you to communicate the fulfilment of the order. You details will not be used by us to promote other goods or services to you unless stated.
3) Your Personal Information
You may choose to restrict the collection or use of your personal information in the following ways:
When you are invited to supply information to us look for the statement of use on that page, indicating how we will use your data once gathered. NAME is registered with Data Protection and makes every effort to ensure personal data stored by us is secure. Unless otherwise stated, NAME will not share your details with or sell your details to third parties.
Members of NAME are invited to opt out of sharing their details with other members. If you choose not to share your information with other members, your contact details will not be included in the Members Area of the website, within the Contacts Database.
if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at admin@name.org.uk or if you are a Member, by changing your preferences on your profile page.
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to: Helen Fraser, Business Development Manager, NAME, Gordon Lodge, Snitterton Road, Matlock, Derbyshire, DE4 3LZ
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect
4) Queries & Complaints
If you have a query about any part of this website or any of the Terms & Conditions laid out here, please contact admin@name.org.uk
If you have a complaint, please address your complaint in the first instance to:
Helen Fraser
Business Development Manager
NAME
Gordon Lodge
Snitterton Road
Matlock
Derbyshire
DE4 3LZ
Email: admin@name.org.uk
5) Accessibility
For details of NAME’s accessibility guidelines please visit the Accessibility page which is located at the bottom of the website.
6. Intellectual Property Ownership; Licence
The past, present and future content of the Properties, including, without limitation, software graphics, text, images, audio, videos, designs, compilations, databases, and the trademarks, logos, domain names, trade names, service marks and trade identities; any and all copyright material (including source and object code); and all other materials related to the Properties, including without limitation, the "look and feel" of the Website (collectively, "Content") are protected by applicable copyrights, trademark rights, database rights and other proprietary (including, but not limited to, intellectual property) rights and are the property of NAME, its subsidiaries, affiliates, or its licensors. Except as expressly set forth here or otherwise expressly granted to you in writing by NAME, no rights (either by implication or otherwise) in or to the Content are granted to you.
The copying, reproduction, re-arrangement, sale, leasing, renting, lending, distribution, redistribution, modification or adaptation, downloading, side loading, exchanging, creating of derivative works, uploading, posting, transmitting, communication to the public or publication by you, directly or indirectly, of the Content of this website, including the removal or alteration of advertising, is strictly prohibited. Exploiting any part of the website properties for a purpose that is not permitted here is expressly prohibited without prior written permission from NAME or the applicable intellectual property rights holder as identified on the website.
Subject to your strict compliance with these Terms of Use, Sound and Music grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable licence to:
a. Listen to audio and view videos streamed from the Website
b. Participate in the NAME’s interactive areas
c. Submit news and events to the website, including images, on the understanding that it is your right to publish this information and images are licensed for this purpose of use.
d. Communicate with other members of the NAME membership if you and they have agreed to this communication by ticking Data Protection preferences.
Provided that you:
a. Retain and do not alter or tamper with any trademark, copyright and other proprietary or legal notices contained in the original Content or any permitted copy you may make of the Content;
b. Do not, and do not allow or aid or abet any third party (whether or not for your benefit) to, copy or adapt the object code of the Website or Services (including, without limitation, software, HTML, JavaScript, or other code); to reverse engineer, decompile, reverse assemble, modify or attempt to discover any source or object code, circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information;
c. Do not insert any code, product or material to manipulate the Content in any way that affects any user's experience;
d. Copy or seek to copy or “rip” any audio and/or audiovisual content from the Website or any part of the Service;
e. Do not adapt, copy, republish, communicate to the public, display, transfer, share, distribute or otherwise exploit the Content, except as under these Terms of Use.
7. Links to Other Websites
NAME's website may contain hyperlinks to other websites. If you use the hyperlinks to access these other sites, you will leave the NAME website and your browser will be re-directed to the other sites. The other sites may have their own terms of use and privacy policy and those other sites may have different practices and requirements than the Website. NAME may not have knowledge of, and is not responsible for, the content, information, services, products or advertisements presented by any other site which you use at your own risk. NAME does not warrant or make any representation regarding the legality, accuracy, quality or authenticity of content, information, services or products presented by other sites. The hyperlinks to other sites do not constitute an endorsement by NAME of any other site(s) or resources, or their content, information, services or products. NAME is only providing these links to you as a convenience. The terms of use and privacy policy of any other sites shall apply to your access and use of them. NAME accepts no responsibility for the content or conduct of other sites.
8. Acceptable Use
You will not use the website properties to:
a. Upload, post, e-mail, transmit, display, copy, distribute, promote, or otherwise communicate to the public:
i) Any material that is false, unlawful, threatening, disparaging, abusive, libellous, defamatory, obscene, vulgar, offensive, pornographic, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, or that promotes violence, racial hatred, terrorism, or illegal acts, or is otherwise objectionable in NAME’s sole discretion;
ii) Information, software, content or other material that violates, plagiarises, misappropriates or infringes the rights of third parties including, without limitation, copyright (including, offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial registration numbers for software programs, rights management information or any type of cracker utilities), trademark, patent, trade secret, rights of privacy or publicity, confidential information or any other proprietary right;
iii) Material of any kind that contains a virus, Trojan horse, time bombs, worms, spyware, adware, malware, bots, any automated use of the system, such as scripts, or other harmful component or restricts or inhibits any other user's uninhibited use and enjoyment of the website and its properties, interferes with, overburdens, impairs or disrupts the properties or servers or networks connected to the properties, or disobeys any requirements, procedures, policies or regulations of networks connected to the properties;
iv) Information or material of any kind that is false or misleading or that constitutes or contains false or misleading indications of origin or statements of fact, including, without limitation, by forging any TCP/IP packet header, any part of the header information in any transmission to the website, or otherwise manipulating identifiers in order to disguise the origin of any content transmitted to or from the website; or
v) Any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, requests for money, or any other form of solicitation.
b. Encourage, promote, solicit or commit conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law or otherwise make available any material that exploits or harms any individual, corporation or other entity.
c. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. Disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the website are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges on the website;
e. Stalk, abuse, sexually exploit, violently exploit, groom, act violently toward, threaten or otherwise harass another user;
f. Use or attempt to use another's information, account, password, service or system except as expressly permitted;
g. Solicit or collect personal data including telephone numbers, addresses, last names, email addresses, or any other kind of information about users, including without limitation, through such means as spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the website or for any services or features offered on or through the website;
h. Undertake any commercial purpose or activity without the prior written consent of NAME, including, for example and without limitation, inserting your own or a third party’s advertising, branding or promotional content into any of the website’s content, materials or services (for example, without limitation, in an RSS feed received from NAME.
You represent, warrant and agree that you will comply with the above acceptable use requirements. NAME reserves the right, in its sole discretion, to terminate any user’s account or take such other action as NAME sees fit in relation to any user who breaches NAME’s acceptable use policy or any of the other terms set forth herein. In extreme cases or as required by law or regulation, NAME reserves the right to take court action and/or report users to the relevant authorities.
9. Additional Terms
Registration may be required for the use of certain services. To the extent there is a conflict between these Terms of Use and the terms of any applicable end user licence or similar agreement, the end user licence or similar agreement will prevail, unless the additional conditions expressly state that these Terms of Use will prevail. In cases where there are no additional terms or conditions stated for any such registrations, services or products, these Terms of Use will prevail.
If you choose to provide information to the website, you agree to provide only true, accurate, current and complete information. You are responsible for maintaining the confidentiality of your password, and for restricting access to your computer so that others may not access any password-protected portion of the website or other properties using your name, user name or password in whole or in part.
You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to NAME. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.
10. Software
Any software that we make available for download or use from the Website and/or our servers is the intellectual property of NAME or its licensors or suppliers. Your use of the software may be governed by the terms of an end user licence agreement that may accompany or that may be included with the Software (the "Licence Agreement"). Please carefully read any Licence Agreement to ensure you agree with the terms and conditions governing its use.
Without limiting the foregoing, copying or reproduction of the software to any other server or location for further use, reproduction, redistribution or other exploitation is expressly prohibited, unless such use, reproduction, redistribution or exploitation is expressly permitted by the licence agreement applicable to such software.
11. Information You Submit
NAME does not endorse the content posted by you to the website, including Member Forums, Events Calendar, Pinboard, Blog comments and Website Links. NAME reserves the right, but is not obligated, to delete, move or edit information supplied by you for any reason in their sole discretion. NAME reserves the right to suspend or terminate your access to the Website and pursue all legal remedies if we believe your Upload Information infringes another's rights or otherwise violates any law, rule or regulation.
All information posted to the website by you, is your sole responsibility. This means that you are entirely responsible for all information that you upload, post, e-mail, transmit or otherwise make available via the website. NAME actively discourages you from uploading information or content (including photographs) about your friends or other people without their express prior consent. Under no circumstances will NAME be liable in any way for any information submitted by you to the website including, but not limited to, any errors or omissions in your information, or for any loss or damage of any kind incurred as a result of your information.
You warrant and represent that information submitted to the site by you is an original work by you or you have all necessary rights, licenses and permissions in it and to submit it to NAME; that it is not defamatory; and does not infringe upon, misappropriate or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy or any other proprietary rights or otherwise violate any law, rule, or regulation.
Except as otherwise described here or in written communication with NAME, information submitted by you to NAME’s website will be treated as non-confidential and non-proprietary and we will not be liable for any use or disclosure to anyone, including but not limited to claimed intellectual property owners. When you upload information to the Website, you irrevocably grant to NAME, subsidiaries, affiliates, and partners, without any credit or compensation to you, a non-exclusive, worldwide, perpetual, unrestricted, irrevocable, royalty-free and fully transferable, assignable and sub-licensable right and licence to use, reuse, modify, adapt, alter, display, archive, publish, sub-license, perform, copy, reproduce, disclose, transmit, communicate to the public, post, sell, translate, create derivative works of, distribute, make and export your information (in whole or in part), or to incorporate it in other works in any form, media, software or technology of any kind now known or developed in the future, for any purposes whatsoever including, without limitation, for advertising, marketing, publicity and promotional purposes. You hereby waive any moral rights (or any similar rights in any jurisdiction) you may have in and to any information submitted to the website, even if such material is altered or changed in a manner not agreeable to you. You agree and understand that NAME are not obligated to use information submitted by you to the website or otherwise, and may alternatively choose, in its sole discretion, to discard, refuse to post, limit or block access to your information without any liability whatsoever.
You acknowledge that the website, through NAME, has the right, in its sole discretion to monitor, modify, transmit over various networks, refuse, move, block access to or remove any of your submitted information. You agree that you must evaluate, and bear all risks associated with, the use of the information you submit, including, but not limited to, any reliance on its accuracy, completeness, or usefulness. Since NAME may not pre-screen all submitted content, you may bear legal responsibility for others' exposure to any offensive indecent or objectionable content in information supplied by you to the website.
12. Disclaimer of Warranties
NAME DOES NOT WARRANT THAT THE PROPERTIES, ANY OF THE PROPERTIES' FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PROPERTIES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU AGREE THAT YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK.
13. Disclaimers/Limitation of Liability
WITHOUT LIMITATION OF ANYTHING ELSE SET FORTH IN THESE TERMS OF USE, NAME LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEBSITE AND ITS PROPERTIES AS SET FORTH BELOW:
UNDER NO CIRCUMSTANCES SHALL NAME OR ITS REPRESENTATIVES< BOARD, OFFICERS OR EMPLOYEES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO
a) THE PROPERTIES, THE CONTENT, OR YOUR UPLOAD INFORMATION;
b) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE PROPERTIES OR ANY OF THE CONTENT OR FEATURES THEREON;
c) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY NAME OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE PROPERTIES OR CONTENT;
d) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS;
e) ANY ERRORS OR OMISSIONS IN THE PROPERTIES’ TECHNICAL OPERATION, EVEN
f) IF ANY OF THESE TERMS OF USE ARE DETERMINED TO BE ILLEGAL, INVALID OR OTHERWISE UNENFORCEABLE BY REASON OF THE LAWS OF ANY STATE OR COUNTRY IN WHICH THESE TERMS OF USE ARE INTENDED TO BE EFFECTIVE, THEN TO THE EXTENT AND WITHIN THE JURISDICTION IN WHICH THAT TERM IS ILLEGAL, INVALID OR UNENFORCEABLE, IT SHALL BE SEVERED AND DELETED FROM THESE TERMS OF USE AND THE REMAINING TERMS SHALL SURVIVE AND CONTINUE TO BE BINDING AND ENFORCEABLE.
14. Governing Law
These Terms of Use and the interpretation of these Terms of Use shall be governed by and construed in accordance with the laws of England.
15. Termination
NAME will determine your compliance with these Terms of Use in its sole discretion and reserves the right to restrict, suspend, deny or terminate access to all or part of the website or any service and to deny access to any person in its sole discretion without notice or liability of any kind.
