Phlex Presents

Terms of service

Last Updated: 17.11.21

These Terms of Service (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the website, www.Phlexpresents.com (the “Site”).

We encourage you to read these Terms carefully. By accessing or using the Site, you are agreeing to these Terms and concluding a legally binding contract with us. You may not use the Site if you do not accept the Terms or are unable to be bound by the Terms. Your use of the Site is at your own risk.

Access to Site

Your access to the Site is provided on an “as is” and “as available” basis. We provide the Site subject to the Terms set forth herein which may be changed from time to time, without notice, at our sole discretion.

These Terms, or any part thereof, may be subject to modification, additions, or removals (“changes”) at any time. Such changes will be effective immediately upon posting. Your continued use of the Site following the posting of changes will mean that you accept and agree to such changes.

Your access and use of the Site is also conditioned on your acceptance of our Privacy Policy. Our Privacy Policy sets out our data protection practices and principles. Please read our Privacy Policy carefully before using the Site.

License

We grant you a personal, limited, non-exclusive, non-commercial, and non-transferable license to access and use our Site only as expressly permitted in these Terms, except as otherwise is expressly stipulated in writing. You are forbidden to use this Site for any illegal purpose or in any manner inconsistent with these Terms and any applicable law, regulation or generally accepted practices or guidelines in your jurisdiction. Any violation by you of the license provisions contained herein may give rise to immediate termination of your right to use our Site, as well as potential liability for copyright and other intellectual property rights infringement depending on the circumstances.

You hereby represent and warrant that you are the sole author of, or otherwise are in control of all of the rights of Your Content (meaning any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on our Site that is posted by you) you share on this Site or have been granted explicit permission from the rights-holder to submit Your Content. You also represent and warrant that the content shared by you was not copied from or based in whole or in part on any other content, work, or website, and our use of Your Content, and of third party users will not violate or infringe any rights of yours or any third party.

By submitting Your Content to our Site, you hereby irrevocably grant us a perpetual, worldwide, exclusive, royalty-free, fully paid, assignable, sub-licensable, and transferable license to use and store Your Content and all intellectual property rights therein in any media existing now or in the future. By “use” we mean use, copy, display, distribute, modify, translate, incorporate into advertisements and other works, promote, commercialise, create derivative works, and in the case of third party services, allow their users and others to do the same. You irrevocably waive and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against us or our customers, any third-party services, and their users.

Usage Policy

Your access and use of the Site shall be subject to the Terms set out herein. You are entitled to use our Site in a lawful manner only. Particularly you must ensure that:

  1. you do not use the Site in any way, or for any purpose, that is unlawful or fraudulent;
  2. you do not interfere with or disrupt the Site or the servers or networks connected to this Site;
  3. you do not reproduce, duplicate, copy, reverse engineer, hack, sell, resell or exploit for any commercial purpose, any portion of the Site;
  4. you do not engage in any activity that would constitute a criminal offences or give rise to civil liability;
  5. you do not interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about users of the Site.

Your failure to respect the aforementioned provisions may give rise to any of the following corrective actions to be taken by us:

  • suspension, whether temporarily or permanently, of your right to access to the Site and services thereof;
  • initiation of legal proceedings against you for compensation of any and all relevant costs on an indemnity basis resulting from your breach;
  • disclosure of such information to law enforcement authorities as required or as we deem reasonably necessary;
    any other action that we think to be appropriate.

We expressly exclude any and all liability arising out of any corrective actions, including without limiting to those set out above, that we may take in response to breaches of these Terms.

Termination

We have the right to terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right shall cease immediately in relation to the use of this Site.

Content Removal

We reserve the right, at any time and without prior notice, to remove, block, or disable access to any content that we, for any reason or no reason, consider to be objectionable, in violation of the Terms or otherwise harmful to our Site or our visitors and other users in our sole discretion. Subject to the requirements of applicable law, we are not obliged to return any of Your Content to you under any circumstances.

How we use personal information about you

We use your personal information only for the purposes expressly set out in this Privacy Policy:

  • When you contact us via email, web forms or social media pages we process your information in order to get back to you in relation to the matters you contacted us for.
  • The information that is automatically collected through your use of our website is used for improving the quality of our Site.
  • Information we collect about you will also be used to enter into contracts with you. This could include the contract for the use of our product or any other contract.
  • When you sign up for an account with us, your information will automatically be used in order to send you marketing materials, and newsletters about our activities and services (collectively “promotional materials”).
  • Every such promotional material contains a quick and easy unsubscribe link in its footer for you to easily unsubscribe from receiving further promotional materials from us.
  • We may be required to share your personal information with law enforcement agencies which are required by laws and regulations we are bound by.

Intellectual Property Rights

All content generated by us (including, but is not limited to text, graphics, user interfaces, photos, audio, video, computer code and all other forms of information or data) on this Site and the copyright and other intellectual property rights applicable to that content, unless specifically labeled otherwise, belongs to us or has been licensed for our use.

You are not allowed to reproduce, copy, sell, distribute, rent, sub-license, store, or in any other manner reuse content of this Site unless there is express written permission to do so provided to you by us.

Our status as the owner and author of the content on this Site (or that of identified licensors, as appropriate) must always be acknowledged. You are not allowed to use any content saved or downloaded from the Site for commercial purposes without first contacting us and, where relevant, obtaining a license from us (or our licensors, as appropriate) to do so. However, the aforementioned provision does not apply to the normal access, viewing, and use of the Site for general information purposes whether by business users or consumers.

You may not use our trademarks, trade names, service marks, logos, domain names, and other distinctive brand features, regardless of whether they are registered or not.

We shall not be liable for any infringement of copyright or any other intellectual property rights arising out of content posted on or transmitted through our Site, or items advertised on the Site, by end users or any other third parties. We respect the intellectual property rights of others and require those that use the Site to do the same. We may, in appropriate circumstances and at our discretion, remove or disable access to content on the Site that infringes the copyrights or any other intellectual property rights of others. In case you believe that content located on the Site violates your copyright or any other applicable intellectual property right we encourage you to notify us about this. We will, to the best of our ability, respond to all intellectual property infringement notices and take appropriate actions including removing the infringing content.

Our Site may contain links to third-party sites that are not owned or controlled by us. We do not have control over and disclaim any responsibility for the content, information and privacy practices of such third-party sites. You hereby acknowledge and agree that we shall not be responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, information and privacy practices of any such third-party sites. Please read carefully the terms and conditions and privacy policies of any such third-party sites that you visit.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THIS WEBSITE, THIRD-PARTY SOFTWARE AND/OR THIRD-PARTY HARDWARE USED WITH THIS WEBSITE, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THESE TERMS), EVEN IF WE OR ANY OF OUR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Indemnification

You agree to indemnify and hold us and our officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of our Site, (ii) your violation of these Terms, or (iii) your violation of applicable laws or regulations.

We retain the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Governing Law

You agree that all matters relating to your access to or use of the Site, including all disputes, shall be governed by the laws of England without regard to any conflict of laws rules.

Dispute Resolution

In the event of any claim, controversy, difference, or dispute (collectively “dispute”) between you and us arising out of or in connection with your use of this Site and in connection with these Terms, we shall attempt, in good faith, to resolve any such dispute among ourselves in an amicable fashion.

If we are not able to resolve any such dispute within 30 days, then either party may submit such dispute to mediation. If the dispute cannot be resolved through mediation, then either party shall be free to initiate legal proceedings and pursue any right or remedy available to them in which case the competent courts in England will have the jurisdiction to hear the cases.

Severability

If any provision of these Terms becomes invalid or unenforceable for any reason, including being rendered invalid by a court decision, the remaining parts of the Terms will remain valid and enforceable.

Contacts

In order to contact us with regard to anything concerning these Terms, including any concerns or disputes, please use the following details:
Email address: enquiries@phlexpresents.com
Postal Address: Phlex Presents LTD, Unit 18, Progress Centre, Charlton Place, Manchester, M12 6HS