KANE Limited FRONTARMY.CO.UK Website User Terms
1. These User Terms
1.1 In accordance with the following user terms (the “User Terms”), KANE LTD Media Limited, its subcontractors, agents, and/or representatives (“KANE LTD”) grants you as an authorised user (“Authorised User” or “you”) of this KANE LTD FRONTARMY.CO.UK website (“the Website”) certain rights (as set out below) and in return you agree to perform certain obligations.
1.2 Please read these User Terms carefully. They are a legal document and, by your continued use of the Web Site, you agree to be bound by these User Terms. In particular, you agree that you have read and understood the following Clauses:
Clause 6 – Your Responsibilities
Clause 7 – Consent to use Your Personal Information
Clause 8 – Limitation of Liability
If you do not agree with these User Terms and do not wish to be bound by them, please exit this Website and do not use the Website in the future.
1.4 If you purchase any goods or services from KANE LTD’s online store on this Website (“On-Line Store”), your purchase will be subject to KANE LTD’s Purchase Terms displayed in the On-Line Store. Purchases other than from the online store or made via links from the On-Line Store to other Merchants (as defined in Clause 1.5) will be in accordance with Clause 1.5.
1.5 The goods and services (“Merchandise”) which may be purchased by you from companies other than KANE LTD (“Merchants”) via third parties and/or third party web sites linked to this Website including without limitation co-branded websites are subject to separate terms and conditions between you and the applicable Merchant. You acknowledge that the applicable Merchant (and not KANE LTD) is solely responsible for the fulfilment of orders for such Merchandise and for its quality, suitability and fitness for purpose. You also acknowledge that the selection of any Merchant or the purchase of any item of Merchandise from the information available on the Website or the Merchant’s web sites is solely your choice. Any disputes or questions relating to the Merchandise shall be directed to the Merchant in question and you acknowledge that KANE LTD shall have no responsibility, obligations or liability in relation to the Merchandise.
1.6 If you register for any prize competitions, promotions or other give-aways on the Website separate Competition Rules, accessed via the Website, shall also apply in addition to the remainder of these User Terms.
2. Licence to Use Material on Web Site
2.1 KANE LTD grants to you a personal, non-exclusive, non-transferable, royalty-free licence to use all the material on the Website (including but not limited to: software, documentation, text, pictures, sounds, graphics, articles, video or audio clips, and advertising material) (“KANE LTD Material”) on the basis set out in Clause 2.2.
2.2 You are entitled to access, download and transmit (for the purposes expressly permitted in these User Terms) and store the KANE LTD Material for your own personal, non-commercial use provided that you do not:
2.2.1 remove any notices relating to the ownership of copyright or other Intellectual Property Rights (as defined in Clause 3.1 below) in the KANE LTD Material;
2.2.2 modify, translate, reverse engineer, reproduce, decompile, disassemble (except as expressly permitted by law) or create derivative works of any of the KANE LTD Material;
2.2.3 rent, lease, sub-licence, loan, copy or give or transfer any rights in the KANE LTD Material in any form, to any person or entity without the prior written consent of KANE LTD.
3. Ownership of Intellectual Property Rights
3.1 Notwithstanding the limited rights granted to you in accordance with Clause 2, KANE LTD, or KANE LTD’s suppliers, subcontractors and agents (collectively “KANE LTD Contractors”) (as applicable) shall retain all ownership, title and interest in the intellectual property rights contained in the KANE LTD Material (including but not limited to copyright, database rights, trade marks, patents, service marks, design rights (whether registerable or otherwise) know-how, trade or business names, domain names, goodwill associated with any of the foregoing and other similar rights or obligations whether registerable or not in any jurisdiction in the world (“Intellectual Property Rights”).
3.2 You agree that any material (including any Intellectual Property Rights in such material), chat services, bulletin boards or articles submitted for publication on the Website or in using any of the Website Services (“User Generated Content”) may be retained as the property of KANE LTD. “Website Services” is defined in Clause 5.2 below. KANE LTD shall have no obligations with regard to the User Generated Content to monitor the User Generated Content to ensure that it complies with applicable laws or regulations. You remain solely responsible for the User Generated Content in accordance with Clause 6.
4. Duration of User Terms and Termination
4.1 These User Terms are binding upon you immediately. You accept them by your use of this Website, and they will remain in force until the earlier of the following:
4.1.1 you breach any of the terms of the licence granted to you in accordance with Clause 2;
4.1.2 KANE LTD terminates these User Terms by notice to you at any time in accordance with Clause 9.2; or
4.1.3 you terminate these User Terms by notice to KANE LTD at any time in accordance with Clause 9.1.
In the event that these User Terms are terminated for any of the reasons stated above you agree to comply with the following obligations:
4.2.1 the licence granted to you in accordance with Clause 2 shall be terminated forthwith and you shall have no further rights to use the KANE LTD Material;
4.2.2 you must delete or destroy any of the KANE LTD Material stored by you in electronic or hard copy form as soon as reasonably practicable; and
4.2.3 you will have no further rights to access or use the Website or the Website Services.
5. KANE LTD’s Responsibilities
5.1 KANE LTD undertakes to use commercially reasonable endeavours to prevent breaches of security of the Web Site.
5.2 KANE LTD makes no representation or warranty that the Website or services offered via the Website (i.e. bulletin boards, chat, membership, etc, but such services do not include any Merchandise made available by Merchants via links to this Web Site, which are subject to the separate Merchant terms and conditions as mentioned in Clause 1.5) (“Website Services”) will be accessible, or useable by you or error free.
5.3 KANE LTD reserves the right, without notice to you, to remove any KANE LTD Material from the Website or to suspend or alter the operation of the Website or any Website Services, at its sole discretion or for legal or technical reasons. KANE LTD will give you as much notice as possible prior to taking any of the actions described in this Clause 5.3, but prior notice may not always be feasible for a variety of reasons.
6. Your Responsibilities
6.1 You agree that you are responsible for the security and use of any user names or passwords needed to access or use the Website or any Website Services. You must take all reasonable steps to ensure that these user names and passwords are kept confidential and secure and you do not allow any unauthorised person to access the Website or any of the Website Services using your user name or password.
6.2 You agree that you will not use the Website or any of the Website Services to send, receive, upload, download, store, use, distribute or publish any material that is offensive, abusive, indecent, defamatory, obscene, or in breach of any other person’s Intellectual Property Rights or breaches any obligation of confidentiality by which you are bound.
6.3 You agree to indemnify KANE LTD against any claims, costs, expenses or legal proceedings caused as a result of your use of the Website or Website Services in contravention of Clauses 6.1 and 6.2, further in these circumstances, KANE LTD shall be entitled to treat the contravention as a material breach of these User Terms and terminate the User Terms and any access permission granted to you by KANE LTD forthwith, without notice to you.
6.4 You agree that by posting personal images involving partial nudity on the site, that you are over the age of 18. Use of, and membership in, the Website is void where prohibited. By using the Website services, you represent and warrant that:
all registration information you submit is truthful and accurate;
you will maintain the accuracy of such information;
you are 18 years of age or older; and
your use of the Website does not violate any applicable law or regulation.
Your profile may be deleted and your membership may be terminated without warning, if KANE LTD believes that you are under 18 years of age. Please choose carefully the information you post on the Website and that you provide to other users. Your website profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other the Website members (for instance, in their profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and the Website assumes no responsibility or liability for this material.
6.6 If you become aware of misuse of the Website services by any person, please contact firstname.lastname@example.org. KANE LTD reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Website at any time, with or without prior notice. When you sign up to become a member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party.
6.7 You agree to notify the Website immediately if you suspect any unauthorised use of your account or access to your password.
6.8 You are solely responsible for any and all use of your account. You represent and warrant that:
you own the content posted by you on or through the Website or otherwise have the right to grant the license set forth in this section, and the posting of your content on or through the Website does not violate the privacy rights, publicity rights, intellectual property rights (including copyrights), contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any content posted by you to or through the Website.
KANE LTD may delete any content that, in KANE LTD’s sole judgment violates these User Terms or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. KANE LTD assumes no responsibility for monitoring the Website for inappropriate content or conduct. If at any time KANE LTD chooses, in its sole discretion, to monitor the Website, KANE LTD nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content. Clause 6.10 contains a partial list of the kind of Content that is illegal or prohibited to post on or through the Website.
6.10 KANE LTD reserves the right to investigate and take appropriate legal action against anyone who, in KANE LTD’s sole discretion, violates this provision, including without limitation, removing the offending communication from the Website and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, content that, in the sole discretion of KANE LTD:
6.10.1 is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person;
6.10.2 exploits people in a sexual or violent manner;
6.10.3 contains violence, or subject matter involving or portraying anyone under 18, or offensive subject matter or contains a link to an adult website;
6.10.4 solicits personal information from anyone under 18;
6.10.5 provides any telephone numbers, street addresses, last names, URLs or email addresses;
6.10.6 promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
6.10.7 promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
6.10.8 involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing, instant messaging, “spimming”, or “spamming”;
6.10.9 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
6.10.10 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
6.10.11 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
6.10.12 involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
6.10.13 includes a photograph of another person that you have posted without that person’s consent;
6.10.14 attempting to impersonate another User or person.
KANE LTD reserves the right to investigate and take appropriate legal action against anyone who, in KANE LTD’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
6.11.1 criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
6.11.2 attempting to impersonate another member or person.
7.1 If you register for any competitions offered via this Web Site, the competition rules set out in this Clause 7, together with any other specific entry instructions or rules posted on this Website by KANE LTD, and these User Terms (together the “Competition Rules”), shall apply.
7.2 All competitions, promotions, prizes or other give-aways offered by KANE LTD from this Website(“Competitions”) are only open to individuals who are registered on the Website who are aged 18 or over except for employees (and their families) of any KANE LTD Group Company or anyone else connected with the Competitions (“Entrant(s)”).
7.3 Notwithstanding Clause 7.2 above, entrants under the age of 18 must obtain parental permission to enter any Competitions on the Web Site. KANE LTD reserves the right to refuse to provide any prize to a winner who is under the age of 18 where KANE LTD cannot legally provide such Competitions’ prizes to such winners under the age of 18.
7.4 Notwithstanding Clause 7.2, all Entrants must register for the relevant Competitions by giving their correct name and address together with their e-mail address. By registering for the relevant Competitions, you acknowledge that you have read and agree to the provisions contained in the Competition Rules.
7.6 By registering for any Competitions, agree to the use of your name and photographs or sections of moving pictures and sound recordings for publicity material in any KANE LTD publications in any media, including allowing your name to be published on the Website if you are a prize winner.
7.7 Unless specifically stated, no purchase is necessary to enter any competitions on the Web Site.
7.8 Prizes are as stated in the Competitions’ details on the Web Site.
7.9 KANE LTD will not offer cash alternatives in whole or in part for any prizes offered.
7.10 An Entrant may only win one prize per Competition. Entries to any competitions are limited to one per household.
7.11 All entries become the absolute property of KANE LTD and will not be returned to Entrants unless otherwise stated by KANE LTD on the Website.
7.12 Fraudulent, illegible, multiple or incorrectly completed entries will be disqualified and no responsibility can be accepted by KANE LTD for any delayed, lost or misplaced entries. Proof of winners’ eligibility to enter the prize draw may be required.
7.13 Prizes are allocated randomly from correct entries received unless otherwise stated in the Competition Rules on the Web Site. The Judge’s decision is final and no correspondence will be entered into.
7.14 KANE LTD reserves the right without notice to you, to remove any Competitions from the Website or to suspend or alter any Competitions on the Web Site, at its sole discretion for legal or technical reasons. KANE LTD will give Entrants as much notice as possible prior to taking any of the actions described in this clause by posting such notice to the Web Site, but prior notice may not always be feasible for a variety of reasons.
7.15 Competitions are run subject to English law. KANE LTD makes no representation that the Competitions comply with the law of any other country other than the United Kingdom or that any prizes offered in Competitions are appropriate for use, or are legally able to be offered, in the country where Entrants reside. Those who choose to enter any Competitions on the Website are solely responsible for compliance with local laws and regulations if and to the extent they are applicable. If an Entrant has not checked and established that it can lawfully enter any Competitions on the Website, then KANE LTD shall not be liable to the Entrant for any loss or damage caused by the Entrant’s failure to carry out such checks.
7.16 KANE LTD reserves the right to refuse to provide prizes offered in any competitions where it is illegal for KANE LTD to provide such prizes to Entrants in the country where such Entrants reside. In these circumstances, KANE LTD may, at its sole discretion, make an equivalent prize or a cash alternative available to the winner.
7.17 Each Entrant agrees that, by entering into any Competitions on the Website, it waives any rights it has which are capable of being waived under the Entrant’s local law which relate to Competitions.
7.18 KANE LTD shall not be liable for any sales taxes, VAT, customs or import duties or other taxes which may be imposed on Entrants by any relevant taxing authority in respect of prizes won in any Competitions on the Website. The Entrant is responsible for any such taxes.
7.19 Any time of delivery is an estimate only in respect of the delivery to an Entrant of any prize in any Competitions and KANE LTD shall not be liable for any late delivery of the prizes or any loss or damage caused as a result.
7.20 Winners will be notified by post or e-mail after the closing date given for the Competitions on the Website, when KANE LTD will give you details of how and when to claim your prize.
7.21 Although every effort will be made to supply the prizes stated, KANE LTD cannot guarantee that the particular prizes will be available and an equivalent prize may therefore be offered by KANE LTD in such cases.
7.22 No responsibility can be accepted by KANE LTD for the quality and/or suitability of any prizes provided by third parties.
7.23 A full list of prize winners and Competition Rules may be obtained by sending an email or a stamped addressed envelope clearly stating your request to Competitions, (FRONTARMY.CO.UK), KANE LTD Media, Blue Fin Building, 110 Southwark Street, London, SE1 0SU, United Kingdom.
8. Consent to Use Your Personal Information
8.1 For the purposes of the Data Protection Act 1998, you acknowledge that in the course of registering and using this Website and the Website Services, certain personal information or data about you will be captured electronically or otherwise and transmitted to KANE LTD and/or KANE LTD Contractors. By accepting these User Terms, you expressly agree to transfer such personal information or data to KANE LTD or KANE LTD Contractors to use, store and process the personal information for the purposes of providing the services offered on this Web Site, or any other connected KANE LTD Web Sites.
8.2 For the purposes of the Data Protection Act 1998, you further agree that KANE LTD or an KANE LTD Contractor involved in the provision of the services offered via this Web Site, may send your personal data outside of the European Economic Area for processing.
8.3 You may revoke the consents given above in Clauses 8.1 and 8.2 by giving notice to KANE LTD in accordance with Clause 10.1, but in those circumstances you must exit the Website and will have no further rights to access the Website or use the Website Services.
9. Limitation of Liability
9.1 KANE LTD does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of KANE LTD, its employees, or KANE LTD Contractors, and the remainder of this Clause 9 shall not apply to such liability.
9.2 To the extent that KANE LTD is deemed by a court of competent jurisdiction to have any liability to you in contract, tort (including negligence) or otherwise in relation to this Website or the Website Services, KANE LTD’s entire liability shall be limited to £1,000 for any one incident or series of related incidents and up to £2,000 for all incidents in any period of 12 months.
9.3 KANE LTD shall not be liable to you in contract, tort, negligence (other than fraudulent or negligent misrepresentations) or otherwise for:
9.3.1 any economic loss, (including without limitation, loss of revenue, business, contracts, profits or anticipated savings);
9.3.2 any loss of goodwill or reputation;
9.3.3 any loss of data; or
9.3.4 any special, indirect or consequential loss.
The express terms of these User Terms are in lieu of all warranties, conditions, undertakings, terms, and obligations implied by statute, common law, usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
9.5 The Website may contain links to third party web sites which are controlled and operated by parties other than KANE LTD. The links will let you leave the Website and KANE LTD is not responsible for the contents of any linked site or any link contained in a linked site. The inclusion of any link on the Website does not imply endorsement by KANE LTD of the linked site. If you decide to access linked third party web sites, you do so at your own risk.
10.1 You may send a legal notice to KANE LTD, or any questions you may have concerning these User Terms by e-mail to email@example.com, or by writing to us at FRONTARMY.CO.UK, KANE LTD, 19 WATERSIDE, 44-48 WHARF ROAD, LONDON, N1 7UX. Such notices will be effective within 3 days of receipt by KANE LTD.
10.2 KANE LTD may send you notice by general notice on this Web Site, by e-mail to your e-mail address on record with KANE LTD, or by post to the geographical address on record with KANE LTD. Such notice will be effective if sent by e-mail or posted on the Web Site, 1 day from the date it was sent or posted on the Web Site. If sent by regular post, it will be effective 3 days after posting by KANE LTD.
11.1 For the purposes of Clauses 1.4, 1.5, 3, 6.3, 8, 9 and 11.8 of these User Terms, KANE LTD shall mean any KANE LTD Group Company which means, an KANE LTD subsidiary or holding company, or a subsidiary of that holding company all as defined by Section 736 of the Companies Act 1985, as amended by the Companies Act 1989.
11.2 These User Terms form the entire agreement between you and KANE LTD and supersede any other oral or written communications, agreements or representations with respect to your use of this Website and Website Services.
11.3 KANE LTD reserves the right to add to or change the terms of these User Terms in its sole discretion without prior notice to you. All changes to the User Terms will be effective once posted on the Web Site. KANE LTD will provide notice of the changes to the User Terms for 30 days after posting the amended User Terms on the Web Site. Your continued use of the Website or the Website Services following KANE LTD’s posting of such changes will be regarded by KANE LTD as acceptance of the amended User Terms. If you do not agree to be bound by the amended User Terms you should exit the Website and not access or use the Website in the future.
11.4 Nothing in these User Terms affects your statutory rights as a consumer.
11.5 If any part of these User Terms are held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these User Terms will not be affected.
11.6 You acknowledge that KANE LTD has entered into these User Terms for its own benefit and for the benefit of each KANE LTD Group Company (as defined in Clause 12.1 above) and these User Terms are intended to be enforceable by each KANE LTD Group Company by virtue of the Contracts (Rights of Third Parties) Act 1999.
11.7 Subject to Clause 12.6, a person who is not a party to these User Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these User Terms but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
11.8 If KANE LTD or any KANE LTD Contractor is unable to perform any obligation under these User Terms because of a matter beyond its reasonable control, including (but not limited to) fire, flood, explosion, war, civil disorder, industrial disputes (whether or not involving its employees), or other disasters or governmental laws and regulations imposed after the fact, or events beyond the reasonable control of KANE LTD or the KANE LTD Contractors, neither KANE LTD nor any KANE LTD Contractor will have any liability for that failure to perform.
11.9 Your use of the Internet is solely at your risk and subject to all applicable laws, and KANE LTD has no responsibility for any information, software, services or other materials accessed or obtained by you using the Internet.
11.10 Unless otherwise specified on this Website, the KANE LTD Materials available on this Website are directed solely at those who access the Website from the United Kingdom. KANE LTD makes no representation that any KANE LTD Material is appropriate for use elsewhere, or available in any other locations. Those who choose to access this Website and the Website Services from any other location are solely responsible for compliance with local laws and regulations if, and to the extent, that they are applicable.
11.11 These User Terms are governed by the laws of England, and subject to the non-exclusive jurisdiction of the English Courts.
KANE LTD. Registered Office: Kane Ltd, 5 Southampton Place, London WC1A 2DA.
Company No. XXXXXX. Company VAT No. XXXXXX.