Terms and Conditions
1. Ownership and Content
1.1 This Site is owned and operated by Smooth Red Productions Limited. If You would like to make a complaint about anything contained on the Site, please contact Us at:
Smooth Red Productions Limited is a limited company formed under English law with company number.
2.2 Registration is required to be able to post messages or upload content on the Site and You can register as a member via the register process. You must be at least 13 years old to register and by registering an account You are confirming that You are at least 13 years old. Your profile may be deleted and Your membership terminated without warning if We have any reason to believe that You are under 13 years of age. By using the Site and services You agree that (a) all registration information You submit is truthful and accurate; and (b) You will maintain the accuracy of such information.
2.3 As part of the registration process You will need to submit a user name and password which, if verified by Us, will be the username and password that You will be required to submit each time You log into the Site.
2.4 It is Your responsibility to keep Your username and password secret. We will be entitled to assume that any person logging into the Site using Your username and password is either You or someone doing so with Your permission. You will be responsible and liable for any actions of any person logging into or using the Site with Your username and password (including, without limitation, posting information and uploading photos or videos to profile pages). Therefore, You should notify Us immediately if You suspect that anyone else knows Your username and password or that anyone has accessed Your account. We may at any time require You to change Your username and/or password for any reason.
2.5 We may at any time and for any reason refuse to accept a registration from any person.
3. Access and use of the Site
3.1 You may not use the Site in any improper or unlawful manner or in breach of any legislation or licence that applies to You.
3.2 Without limiting the foregoing, You agree that when using the Site You will not:
(a) harass others or disclose personal information about others that could amount to harassment;
(b) publish, post, upload, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, harmful, confidential, libellous, hateful, threatening or otherwise illegal material or information or anything which might constitute a criminal offence or give rise to a civil liability either for You or Us;
(c) upload files that contain software or other material which are the intellectual property rights of any third party or which are protected by rights of privacy or publicity of any third party without having received all necessary consents;
(d) upload files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of the Site or any other computer;
(e) create multiple logins;
(f) impersonate others;
(g) promote any activity that is illegal;
(h) use software to harvest information from the Site; or
(i) post any content which amounts to advertising a third party product or service.
3.3 You agree that You will not use, copy, download, extract or reutilise any part of the Site or any information or content available on the Site or use or allow any third party to use, copy, download, extract for any commercial purpose.
3.4 You agree to comply with all reasonable instructions that We may give You regarding the use of the Site.
3.5 You are responsible for obtaining (at Your own cost) all necessary equipment and telecommunications services required to access and use the Site. You are responsible for ensuring that no one uses Your equipment to access the Site without Your permission. We will be entitled to assume that anyone who accesses the Site using Your equipment has Your permission to do so and You will be liable for any charges or any other costs, liabilities or damages that may be incurred by any such person.
3.6 If you are under 18 years of age, you must obtain the consent of your parent or legal guardian prior to posting any comment or material on the Site.
4. Third Party Sites and Contributors
4.1 This Site contains links to websites and microsites operated by third parties that are not under Our control and are provided to You for Your convenience only. We make no warranties or representations whatsoever about any other website which You may access through this Site or any services that they may provide, in particular where you buy any item appearing on this Site.
4.2 Without limiting the foregoing, these third party sites are in no way approved, vetted, checked or endorsed by Us and You agree that We shall not be responsible or in any way liable for the content, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality of any products or services available on such sites. If You choose to access a website beyond Our control, You do so at Your own risk. In addition, use of any such third party website or microsite may be subject to Your acceptance of additional terms and conditions and privacy policies.
5. User Generated Content
5.1 The Site may from time to time include features (such as blogs and forums) that You are able to contribute to. Whilst We encourage You to contribute whatever material You wish to these pages:
(a) You must not submit any confidential, defamatory, offensive, infringing, obscene, indecent or otherwise unlawful or objectionable material or information nor use the Site or any feature of the Site to distribute any chain letters, junk mail, ‘spamming’ material or any other form of bulk communication;
(b) You must not submit any content or material the Intellectual Property Rights in which are owned by any third party;
(c) You must not submit any material which is prohibited by the Data Protection Act 1998 or any other applicable data protection or privacy legislation;
(d) You may only upload or submit material to the Site which either You own or which You have the permission of the owner of that material to submit.
5.5 You are responsible for Your relationship with other members of the Site. However, We reserve the right, but are not obliged, to monitor disputes between You and other members.
6. Intellectual Property
6.5 Save in respect of the User Generated Content, all Intellectual Property Rights in and to the Site and all content and materials contained therein are owned by and shall remain owned by Us or Our licensors. You may view, download and print any materials and information made available to You through the Site subject to the following conditions:
(a) the material and information may only be used for Your personal and non-commercial purposes;
(b) the material and information shall not be reproduced or included in any other work or publication in any medium;
(c) the material and information may not be modified or altered in any way;
(d) subject to clause 6.6, the material and information may not be distributed or sold to any third party;
(e) You may not remove any copyright or other proprietary notices contained in the material or the information.
6.7 Please contact email@example.com if You believe that content displayed on the Site has violated Your copyright or Intellectual Property Rights.
7.1 We will exercise all reasonable skill and care in providing the Site. However, We obtain the materials and information provided on the Site from third party partners and so We are not able to guarantee the accuracy, completeness, currency or reliability of any such materials or information.
7.3 Without limiting the foregoing, We cannot guarantee and do not promise that the Site and all materials and information provided through it will meet Your requirements. Therefore We advise You to check any materials or information provided to You through the Site as any reliance that You place on the accuracy, completeness, currency or reliability of that information is at Your own risk.
8. Limitation of Liability
8.2 Subject to clause 8.1, You agree that We shall not be liable for: (a) any direct loss, claim or damage; (b) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind (including but not limited to lost savings or loss or corruption of data); or (c) any loss of profit (whether direct or indirect), in each case whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this Site or its contents (ii) any failure or delay in the use of any component of the Site including, without limitation, any unavailability of the Site irrespective of duration of any period of unavailability; or (iii) any use of or reliance upon any information, material, software, products, services and related graphics obtained through the Site, in all cases even if We have been forewarned of the possibility of such loss or damage.
8.3 Without limiting the effect of clause 8.2, due to the inherent risks of using the internet, We cannot be liable for any damage to, or viruses that may infect, Your computer equipment or any other property when using or browsing the Site. The downloading or other acquisition of any materials or information through the Site is done at Your own discretion and risk and with Your agreement that You will be solely responsible for any damage to Your computer system or loss of data that results from the downloading or acquisition of any such materials.
8.5 We will notify You of any such claims or proceedings and keep You informed as to the progress of such claims or proceedings.
9.1 We may remove the Site or cease the provision of the Site or any Features or Functions of the Site, or terminate Your membership of the Site, at any time in Our sole discretion for any reason whatsoever.
9.2 You shall be entitled to terminate Your membership of the Site at any time by written notice to Us.
9.3 Termination of Your membership, howsoever caused, shall not affect the accrued rights and liabilities of either You or Us as at the time of such termination.
10. Data Protection and Privacy
For the moment, access to and registration as a member of the Site is free of charge (although You may be charged to purchase items via the Site). We may stop offering the Site free of charge at any time, but We will inform You by email if We decide to make a charge on any of Our services and give You a reasonable length of time to terminate Your membership if You wish to do so.
12. Competitions and Prize Draws
From time to time it may be possible to enter competitions or prize draws through the Site. There may be additional terms and conditions applicable to those competitions or prize draws. Where additional terms apply You will be notified of that fact and given an opportunity to read those terms and conditions before You enter the competition or the prize draw.
13.6 This Agreement is governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English Courts.