This agreement applies as between you, the User of this Web
Site and CineBowl, the owner(s) of this Web Site. Your agreement to comply with and be bound by
these terms and conditions is deemed to occur upon your first use of the Web
Site. If you do not agree to be bound by these terms and conditions, you should
stop using the Web Site immediately.
1.
Definitions and Interpretation
In this Agreement the following terms shall have the following
meanings:
“Content”
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means any text, graphics, images, audio, video,
software, data compilations and any other form of information capable of
being stored in a computer that appears on or forms part of this Web Site;
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“CineBowl”
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Means PI (Uttoxeter) Ltd; Lombard House, Cross Keys, Lichfield,
Staffordshire, WS13 6DN;
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“Service”
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means collectively any online facilities, tools,
services or information that CineBowl makes available through the Web Site
either now or in the future;
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“System”
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means any online communications infrastructure
that CineBowl makes available through the Web Site either now or in the future. This includes, but is not limited to,
web-based email, message boards, live chat facilities and email links;
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“User” / “Users”
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means any third party that accesses the Web Site
and is not employed by CineBowl and acting in the course of their employment;
and
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“Web Site”
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means the website that you are currently using (www.cinebowl.co.uk)
and any sub-domains of this site (e.g. subdomain.cinebowl.co.uk) unless
expressly excluded by their own terms and conditions.
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2.
Intellectual Property
2.1
All Content included on the Web Site, unless
uploaded by Users, including, but not limited to, text, graphics, logos, icons,
images, sound clips, video clips, data compilations, page layout, underlying
code and software is the property of CineBowl, our affiliates or other relevant
third parties. By continuing to use the
Web Site you acknowledge that such material is protected by applicable
United Kingdom
and International intellectual property and other relevant laws.
2.2
Subject to sub-clause 2.3 you may not reproduce,
copy, distribute, store or in any other fashion re-use material from the Web
Site unless otherwise indicated on the Web Site or unless given express written
permission to do so by CineBowl.
2.3
Material from the Web Site may be re-used
without written permission where any of the exceptions detailed in Chapter III
of the Copyright Designs and Patents Act 1988 apply.
3.
Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not
under the control of CineBowl or that of our affiliates. We assume no responsibility for the content
of such web sites and disclaim liability for any and all forms of loss or
damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply
any endorsement of the sites themselves or of those in control of them.
4.
Links to this Web Site
Those wishing to place a link to this Web Site on other sites
may do so only to the home page of the site http://www.cinebowl.co.uk without prior permission.
5.
Privacy
Use of the Web Site is also governed by our Privacy Policy (http://www.cinebowl.co.uk/privacypolicy.php) which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on
the link above.
6.
Disclaimers
6.1
CineBowl makes no warranty or representation
that the Web Site will meet your requirements, that it will be of satisfactory
quality, that it will be fit for a particular purpose, that it will not
infringe the rights of third parties, that it will be compatible with all
systems, that it will be secure and that all information provided will be
accurate. We make no guarantee of any specific results from the use of our
Service.
6.2
No part of this Web Site is intended to
constitute advice and the Content of this Web Site should not be relied upon
when making any decisions or taking any action of any kind.
7.
Availability of the Web Site
The Service is provided “as is” and on an “as available”
basis. We give no warranty that the
Service will be free of defects and / or faults. To the maximum extent permitted by the law we
provide no warranties (express or implied) of fitness for a particular purpose,
accuracy of information, compatibility and satisfactory quality.
CineBowl accepts no liability for any disruption or
non-availability of the Web Site resulting from external causes including, but
not limited to, ISP equipment failure, host equipment failure, communications
network failure, power failure, natural events, acts of war or legal
restrictions and censorship.
8.
Limitation of Liability
8.1
To the maximum extent permitted by law, CineBowl
accepts no liability for any direct or indirect loss or damage, foreseeable or
otherwise, including any indirect, consequential, special or exemplary damages
arising from the use of the Web Site or any information contained therein.
Users should be aware that they use the Web Site and its Content at their own
risk.
8.2
Nothing in these terms and conditions excludes
or restricts CineBowl’s liability for death or personal injury resulting from
any negligence or fraud on the part of CineBowl.
8.3
Every effort has been made to ensure that these terms
and conditions adhere strictly with the relevant provisions of the Unfair
Contract Terms Act 1977. However, in the
event that any of these terms are found to be unlawful, invalid or otherwise
unenforceable, that term is to be deemed severed from these terms and
conditions and shall not affect the validity and enforceability of the
remaining terms and conditions. This
term shall apply only within jurisdictions where a particular term is illegal.
9.
No Waiver
In the event that any party to these Terms and Conditions
fails to exercise any right or remedy contained herein, this shall not be
construed as a waiver of that right or remedy.
10.
Previous Terms and Conditions
In the event of any conflict between these Terms and
Conditions and any prior versions thereof, the provisions of these Terms and
Conditions shall prevail unless it is expressly stated otherwise.
11.
Notices
All notices / communications shall be given to us either by
post to our Premises (see address above) or by email to info@cinebowl.co.uk. Such notice will be deemed received 3 days
after posting if sent by first class post, the day of sending if the email is
received in full on a business day and on the next business day if the email is
sent on a weekend or public holiday.
12.
Law and Jurisdiction
These terms and conditions and the relationship between you
and CineBowl shall be governed by and construed in accordance with the Law of
England and
Wales
and CineBowl
and you agree to submit to the exclusive jurisdiction of the Courts of England
and Wales.
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