mysongbird

1. MYSONGBIRD COPYRIGHT AND OTHER INTELLECTUAL PROPERTY

The names, images and logos identifying Mysongbird and all Mysongbird associated companies or third parties and their products and services are proprietary marks of Mysongbird, its associated companies and/or third parties. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any licence or right under any trade mark or patent of Mysongbird, its associated companies or any other third party unless expressly stated otherwise.

All copyright, trade marks and other intellectual property rights in this Site (including the design, arrangement and look and feel) and all material or content supplied as part of the Site shall remain at all times the property of Mysongbird licensors.

In accessing the Site, you agree that you do so only for your own personal, non-commercial use. Unless otherwise stated, you may not distribute, transmit, broadcast, commercially exploit or modify in any way the Site's material or content or permit or assist any third party to do the same.

2. TERMS OF USE

The use of this Site is only for lawful purposes, in a manner which does not improperly infringe the rights of, or restrict or inhibit the use and enjoyment of, this Site by any third party. Such restriction or inhibition includes, but is not limited to, conduct which is libellous, or which may harass, cause real distress or inconvenience to any person and the transmission of obscene or offensive content or interruption of the normal flow of dialogue within this Site.

We do not undertake to broadcast or otherwise make available User Generated Content. Any User Generated Content or material of any kind may be rejected by Mysongbird at its absolute discretion. All decisions are final and Mysongbird will not enter into any discussions or correspondence about why recordings or other material have been rejected.

Mysongbird may, in appropriate circumstances, and at its sole discretion, remove certain content or disable access to content that appears to be legally or otherwise problematic e.g. it infringes the copyright or other intellectual property rights of others, is defamatory etc., or for any other reason Mysongbird decides. In relation to all reviews that are posted onto the Site, authors hereby consent to Mysongbird editing such reviews in any way it deems fit for whatever reason.

3. COMPLAINTS

If you believe that any of your rights have been violated e.g. your copyright infringed, you have been defamed etc., by material available on the Site please provide Mysongbird with the following information immediately:

* The nature of your complaint and an exact description of where the material about which you complain is located within the Site;

* In the case of a copyright dispute, identification of the copyrighted work that you claim has been infringed and a statement by you that you have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;

* Your name, address, telephone number, and email address;

* A statement by you that the above information is accurate and, in the case of a copyright dispute that you are the owner of the copyright interest involved or are authorised to act on behalf of that owner; and

* Your electronic or physical signature.

Mysongbird can be reached as follows: matt@mysongbird.co.uk or ben@mysongbird.co.uk

4. THIRD PARTY SITES/LINKS

Mysongbird is not responsible for the availability or content of any third party websites or material you access through this Site. If you decide to visit any linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Mysongbird does not endorse and is not responsible or liable for any content, advertising, products, services or information on or available from third party websites or material (including payment for and delivery of such products or services). Mysongbird is not responsible for any damage, loss or offence caused by or, in connection with, any content, advertising, products, services or information available on such websites or material. Any terms, conditions, warranties or representations associated with such dealings, are solely between you and the relevant provider of the service.

Links to this Site must be direct to mysongbird.co.uk/luminaire.aspx homepage (and not any part of a page) and must not be viewed within the pages of any other Site. Mysongbird disclaims all liability for any legal or other consequences (including for infringement of third party rights) of links made to this Site.

Links do not imply that Mysongbird endorses, is affiliated or associated with any linked Site, or is legally authorised to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked Site is authorised to use any trademark, trade name, logo or copyright symbol of Mysongbird or any of its affiliates or subsidiaries.

5. DISCLAIMER/LIMITATION OF LIABILITY

This Site and the information, names, images, pictures, logos and icons relating to www.mysongbird.co.uk is provided 'AS IS' and on an 'AS AVAILABLE' basis without any representation or endorsement being made and without warranty of any kind, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

The information and other materials included on this Site may contain inaccuracies and typographical errors. Mysongbird does not warrant the accuracy or completeness of the information and materials or the reliability of any statement or other information displayed or distributed through the Site (including, without limitation, the information provided through the use of any software). You acknowledge that any reliance on any such statement or information shall be at your sole risk. Mysongbird reserves the right, in its sole discretion, to correct any errors or omissions in any part of the Site and to make changes to the Site and to the materials, products, programs, services or prices described in the Site at any time without notice. In no event will Mysongbird and/or third parties be liable for any damages including, but not limited to, indirect or consequential damages or any damages including, but not limited to, errors or omissions, indirect or consequential damages or any damages whatsoever arising from use, loss of use, data or profits, whether in action of contract, negligence or other action, arising out of or in connection with the use of the Site. These exclusions do not apply to death or personal injury caused by Mysongbird's negligence and only apply to the extent permitted by law.

Mysongbird does not warrant that the functions contained in this Site will be uninterrupted or error free or that defects will be corrected or that this Site or the server that makes it available are free of viruses or bugs. Mysongbird does not represent the full functionality, accuracy or reliability of any material. Mysongbird may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features of the Site, at any time without notice or liability.

6. INDEMNITY

You agree to indemnify and keep indemnified Mysongbird from and against all claims, damages, expenses, costs and liabilities arising in any manner from your entry to and use of the Site other than in accordance with these Terms and Conditions.

7. LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the laws of England. Disputes arising from here shall be exclusively subject to the jurisdiction of the courts of England. Any cause of action you may have with respect to your use of this Site must be commenced within one (1) year after the claim or cause of action arises.

If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the law of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction in which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from that clause and the remaining terms and conditions shall survive and continue to be binding and enforceable.

Mysongbird makes no representation that materials on this Site are appropriate or available for use at other locations outside of the United Kingdom and access to them from territories where their contents are illegal is strictly prohibited. If you access this Site from a location outside of the United Kingdom, you are responsible for compliance with all local laws.