Terms of Service

INTRODUCTION

You are provided with access to this Website in accordance with these Terms and Conditions and any Feedback you provide will be subject to them.

By using this Website and/or leaving any feedback you agree to be bound by the Terms and Conditions set out in this document and the Privacy Policy and the Feedback Policy (together referred to as 'the Terms'). If you do not agree to be bound by the Terms you may not access this Website, nor may you leave any feedback on the Website.

We reserve the right to remove, modify or change any information on this Website from time to time without notice. We may also change these Terms at any time. If you use the Website or leave any Feedback after any changes have been made you will be bound by the new Terms. You should therefore ensure that you read the Terms each time you use the Website and immediately prior to placing any Feedback. If you do not agree to any change to the Terms then you must immediately stop using the Website and should not place any further Feedback.

Your attention is drawn in particular to certain clauses in these 'Terms' see in particular, the following important provisions regarding:

• our liabilities in term 11;
• your responsibilities in terms 4, 6 and 12;
• the Privacy Policy; and
• the Feedback Policy.

DEFINITIONS & INTERPRETATION

In the Terms, unless the context otherwise requires:-

USE OF THE WEBSITE

This Website is provided to you for your personal use only. You agree that:

• the content of the website is available for use only as permitted under these Terms and you may not otherwise use the content of the Website or any part of it;
• you will only use the Website for your own purposes and not for those of any third party, nor for any commercial or non-domestic purposes;

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

USERS REGISTRATION

You agree that:

• Any Personal Information you supply will be complete and accurate and you will notify us if any of your Personal Information changes;
• You will not impersonate any other person or entity or use a false name or a name or other details that you are not authorised to use.

Any Personal Information supplied by you will only be held and used by ourselves in accordance with our Privacy Policy.

We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under the Terms and Conditions or this Privacy Policy or the Feedback Policy. You can cancel your registration at any time by informing Customer Services in writing. If you do so you must stop using the Website.

ADVERTISERS INFORMATION

Whilst we make reasonable efforts to ensure that the Advertisers Information on the Website is correct, we do not make any warranties or guarantees about the accuracy and completeness of the Advertiser's Information.

We may make changes to the Advertisers Information on the Website at any time without notice.

The Advertisers Information may be out of date, and we make no commitment to update such material.

FEEDBACK

The Website allows and encourages its users to provide Feedback about the quality and standards of Advertisers and their products or services, and to provide such reviews and comments through the Online Feedback Form.

By posting Feedback, you expressly grant us an irrevocable right to use your Feedback, including but not limited to our right to publish, edit, translate and distribute it in any medium and in any form, including making that Feedback available on our Website, CD Rom or other electronic format, in radio advertising, and otherwise. You also agree that your Feedback may be used for advertising and promotional purposes by others without your express permission.

You agree to only submit Feedback that is genuine and accurate and in accordance with our Feedback Policy. Above all, you agree not to post any feedback that is defamatory or libellous, or which promotes information that you know or believe to be false, misleading, abusive, threatening or obscene, and you agree to indemnify and hold us harmless from any claim arising out of or relating to your violation of this provision.

You also agree to not knowingly post Feedback that infringes the rights of others, including any copyright and other intellectual property rights, without their express written consent, and you agree to indemnify and hold us harmless from any claim arising out of or relating to your violation of this provision.

You acknowledge that Feedback constitutes the subjective opinions of individual Users and does not in any way represent our opinions or endorsement of the Advertiser concerned.

Whilst we reserve the right at our sole discretion to remove and/or edit Feedback without notice to the User, we do not guarantee the truth, accuracy or legality of the Feedback on the Website and nor will you hold us responsible for the accuracy, truth or legality of the Feedback.

MOST RECOMMENDED

You acknowledge that our Most Recommended table is compiled by reference to certain ratings attributed to the Advertisers by Users when providing Feedback and do not represent our recommendations.

INTELLECTUAL PROPERTY

You acknowledge and agree that:

• All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors.
• You may view or print individual pages from the Website for your own personal non-commercial use only. You may not copy, reproduce, modify, distribute, commercially exploit, publish, re-sell, display, post, or transmit any part of this Website without our written permission.
• You may not copy, reproduce, commercially exploit, or re-sell any of the layout, content, logos, Trade Marks, or designs displayed on our website.
• You will not copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from the Website without our prior expressed written permission and that of any other parties to whom the content relates.

SERVICE ACCESS

We do not accept responsibility for the reliability of access to this Website or its fitness for a particular purpose and we will not be liable for any losses or damage resulting from your use or inability to use this Website.

While we make reasonable efforts to ensure that this Website is normally available 24 hours a day, you acknowledge that 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. We will not be liable if for any reason this Website is unavailable at any time or for any period.

LINKS TO AND FROM OTHER WEBSITES

Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

We do not guarantee that links to or from this Website or websites which link to or from this Website will operate free from error or that they are free of computer viruses or any other material which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:

• you do not remove, distort or otherwise alter the size or appearance of the Disc Directory logo;
• you do not create a frame or any other browser or border environment around this Website;
• you do not in any way imply that we are endorsing any products or services other than our own;
• you do not misrepresent your relationship with us nor present any other false information about us;
• you do not otherwise use any Disc Directory trade marks displayed on this Website without our express written permission;
• you do not link from a website that is not owned by you; and
• your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

We expressly reserve the right to revoke the right granted in this Term for breach of these terms and to take any action we deem appropriate.

You shall fully indemnify us for any loss or damage that we or any of our Advertisers may suffer or incur as a result of your breach of this Term.

LIMITATION OF LIABILITY

This Term 11 sets out our entire liability (including any liability for the acts and omissions of our employees agents and sub-contractors) to you in respect of any breach of our contractual obligations or any representation or other term or of any duty at common law or under statute (whether caused by our negligence or that of our employees or agents or subcontractors or otherwise) arising out of or in connection with your use of the Website.

We will accept all liability if something we do causes death or personal injury. We will also accept liability for damage to your property if the cause is directly attributable to our fault. However, we will not accept any liability for any consequential, special or indirect loss or damage, or loss of profits, or loss or damage for disappointment, except where this is caused entirely by our own gross negligence.

We shall not be liable for any failure to fulfil our obligations or inability to access the Website due to circumstances beyond our reasonable control, including but not limited to labour disputes, malicious damage, terrorism, government rules or regulations, problems with hardware or software, fire, flood, storm, or other adverse weather conditions.

You agree to allow us the opportunity to remedy any breach of our obligations in reasonable time. Any claims may be reduced or rejected if we have not been given an opportunity to put matters right.

We shall not be liable for any breach of our obligations in any circumstances where our failure to perform our obligations is caused in whole or in part by your failure to fulfil your responsibilities under these Terms and Conditions.

We shall not be liable for any negligence of or breach of any contract between you and any third parties, nor shall we be liable for any acts or omissions of our Advertisers or Users. In particular, we shall not be liable in the event that any Feedback or Advertisers Information displayed on the Website is untrue.

Our entire liability to you shall be limited to damages of an amount not exceeding £100.

INDEMNITY

You agree to fully indemnify, defend and hold us and our officers, directors, employees, agents and customers harmless immediately on demand from and against all claims, liability, damages, losses costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your Feedback and/or your Personal Information.

DATA PROTECTION

In circumstances where we act as a Data Processor under the Data Protection Act 1998 (the Act) we shall comply with the Act and shall only process your personal information, such as your name, address, email address and other information provided by you to us in accordance with our Privacy Policy.

OUR RIGHTS

We reserve the right to:

• Modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
• Change the Terms (or any part thereof) from time to time, and your continued use of the Website following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms have changed.
• If you do not agree to any change of the Terms then you must immediately stop using the Website.

GENERAL

The headings to the Terms are inserted for ease of reference only and shall not affect their interpretation or conclusion.

We will try to resolve any problems quickly and efficiently. If you are not happy with the way we deal with any complaints and you wish to take court proceedings, you must do so in the United Kingdom using the law of England and Wales.

If either you or we waive any breach of any term of these Terms and Conditions, this shall not be considered to be a waiver of any subsequent breach of the same or any other term hereof.

If any of these Terms or any part of our Privacy or Feedback Policies are found by any court to be invalid or unenforceable for any reason, such term or provision shall to that extent be deemed to be removed from and not form part of these Terms, but the validity and enforceability of the remainder of these Terms shall not be affected.