If you use our website ("Website") you agree to be bound by the terms and conditions detailed in this agreement ("Agreement"). You must take the time to read and understand this Agreement, before you register for our services. By registering for the services offered on this website ("Services"), you accept that you are entering into a contract with us on the terms of this Agreement. If you do not accept these terms and conditions, you must not use this Website.
In these terms and conditions, "we" and "us" means Monumental Adventure Productions Limited, a company registered in England with company number 6290959 whose registered office is at 16 Pembridge Mews, London, W11 3EG.
3. Username and password
3.1 When you register with us, we may at our sole discretion issue you with a username and password that must be used to access certain restricted parts of the Website. The username and password are personal to you and are not transferable and you should treat them as confidential for the duration of time that you are entitled to use the Website and the Services.
3.2 Your name and password are the methods used by us to identify you and so are very important. You are responsible for any information posted on the Website by anyone using your username and password. Any breach of security of a username and password must be notified to us immediately.
3.3 You may not adapt or circumvent the systems in place in connection with the Website, nor access the Website other than through normal operations.
4. User conduct
4.1 You are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") that you upload, post or otherwise transmit on or through any of the Services.
4.2 You agree not to use the Services to upload, post or otherwise transmit any Prohibited Content. "Prohibited Content" includes material which:
(a) is unlawful, harmful, threatening or harassing, abusive, defamatory, obscene or otherwise objectionable;
(b) contains nudity, violence or offensive subject matter;
(c) features, identifies or refers to any individual without their consent;
(d) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(e) includes any advertising or promotional content;
(f) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and/or
(g) promotes or provides instructional information about illegal activities, promotes physical harm or injury against any group or individual, or promotes any act of cruelty to animals.
4.3 You also agree not to:
(a) interfere with or disrupt the Services and/or Website, or servers or networks connected to the Services and/or Website;
(b) use any information obtained from the Services in order to harass, abuse or harm any individual; and/or
(c) use the Services in breach of any applicable laws and regulations.
4.4 You acknowledge that we do not monitor or pre-screen Content uploaded, posted or otherwise transmitted by users, even if we incorporate and include any advertising and marketing materials within such Content. However we reserve the right (but not the obligation) to refuse or remove any Content that is available via the Services, including without limitation the right to remove any Prohibited Content.
4.5 We do not guarantee the accuracy, integrity or quality of the Content uploaded, posted or otherwise transmitted by users on or through any of the Services.
5. Availability of the Website and Services
5.1 We will endeavour to allow uninterrupted access to the Website and the Services, but access to the Website and/or the Services may be suspended, interrupted, restricted or terminated at any time.
5.2 We reserve the right to change, modify, substitute or remove without notice any information on the Website from time to time.
6. Intellectual property
6.1 By uploading, posting or otherwise transmitting any Content on or through any of the Services, you hereby grant to us a non-exclusive, worldwide and royalty-free licence (with the right to sub-licence) to use, reproduce, modify, adapt, publish and distribute such Content on and through the Services. In particular you specifically agree that we may incorporate and include any advertising and marketing materials within such Content, and publish and distribute such modified Content on and through the Services.
6.2 The copyright, database rights and other intellectual property rights vesting in the material contained in the Website and the Services (excluding any Content uploaded, posted or otherwise transmitted by users), together with the Website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software belong to us. All rights are reserved. None of this material may be reproduced or redistributed other than in accordance with the instructions found on the Website or without our written permission.
6.3 The name Monumental and the Monumental logo are trademarks, service marks and trade names of Monumental Adventure Productions Limited. You must not use these or any other trademarks, service marks and trade names on the Website without our prior written permission.
The Website may include links to other internet sites. We make no representations or warranties about those sites or their content, nor that the links work.
8. Changes to these Terms and Conditions of Use
8.1 Any variations to these terms and conditions shall be inapplicable unless agreed in writing by us. We may change or supplement these terms and conditions from time to time. These changes shall form part of these terms and conditions, even if you do not re-visit this page to re-read the terms and conditions, unless we receive written notification from you that you do not agree to be so bound.
8.2 We will ensure that any supplemental terms are made reasonably apparent to you and we will send an email to the email address provided by you at registration before we change or supplement these terms and conditions in any manner that is materially to your detriment.
9.1 You agree that we may in our sole discretion suspend or terminate your username, password and use of the Website and the Services, and remove and permanently delete any Content within the Website and the Services for any reason without notice, including without limitation for lack of use or if you appear to us to be in breach of any provision of these terms and conditions.
9.2 If your access to the Website and the Services has been suspended or terminated in accordance with this section 9, you agree that you shall not re-register for, or re-access, the Website and/or the Services (whether directly or indirectly) without our prior written consent.
9.3 We may also in our sole discretion discontinue providing the Services or any part thereof at any time, without notice.
9.4 All disclaimers, indemnities and exclusions in these terms and conditions shall survive termination of this Agreement for any reason.
10. Data protection
11. Our liability
11.1 Except as expressly provided in this Agreement, we expressly disclaim any further representations, warranties, conditions or other terms, express or implied, by statute, collaterally or otherwise, including but not limited to implied warranties, conditions or other terms of satisfactory quality, fitness for a particular purpose or reasonable care and skill.
11.2 We shall not be liable in contract, tort (including negligence), statutory duty or collaterally or otherwise arising out of or in connection with this Agreement, the Website and/or the Services, for consequential, indirect or special loss or damage or any economic losses (including loss of revenues, profits, contracts, business or anticipated savings), in each case, even if we have been advised of the possibility of such loss or damage and howsoever incurred.
11.3 Our maximum liability to you in contract, tort (including negligence), statutory duty or collaterally or otherwise arising out of or in connection with this Agreement, the Website and/or the Services shall be limited to £50. Notwithstanding any other provision of this Agreement, we will be liable to you without limit for any death or personal injury caused by our negligence and to the extent that liability arises under Part 1 or section 41 of the Consumer Protection Act 1987 and for liability arising from statements made fraudulently by us.
12. Your liability
You undertake to indemnify Monumental Adventure Productions Limited, its subsidiaries, affiliates and partners (including advertiser partners), and their respective officers, agents, partners and employees, and keep them indemnified fully at all times against all claims, demands, proceedings, damages, losses, costs, expenses, fines and charges which are made or brought against or incurred by them due to or arising out of your use of the Content you upload, post or otherwise transmit on or through any of the Services, your use of the Services, and/or your breach of these terms and conditions.
You may not transfer any of your rights or delegate any of your obligations under this Agreement without our prior written consent.
14. Failure to enforce
If we fail to enforce any provision of this Agreement, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion.
15. Entering this Agreement
Each of you and us agrees that we have not entered into this Agreement in reliance upon any non-fraudulent representation, statement or warranty made or agreed by any person except as expressly repeated in these terms and conditions.
16. Third party rights
Nothing in this Agreement shall confer on any third party any benefit or the right to enforce any term of the Agreement. Nothing in this Agreement affects your statutory rights as a consumer.
This Agreement is governed by English law and any dispute connected with this Agreement is subject to the exclusive jurisdiction of the English courts.
Version dated November 2007
© Monumental Adventure Productions Limited 2007