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This page (together with the documents referred to in it) tells you the Users Agreement/Terms & Conditions (“Terms & Conditions”) on which you may make use of our website www.rychan.com (the “Website”). Please read these Terms & Conditions carefully before you start to use the Website.
By using the Website you indicate that you accept these Terms & Conditions and that you agree to be bound by them. If you do not agree to these Terms & Conditions, please leave the Website now.
1. INFORMATION ABOUT US
- 1.1
- www.rychan.com is a site operated by Cantata, L.P.
2. ACCESS TO THE WEBSITE
- 2.1
- By using the Website, you agree to agree to be bound by these Terms & Conditions whether or not you have registered with the Website.
- 2.2
- Access to the Website is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on the Website without notice. We will not be liable if for any reason the Website is unavailable at any time or for any period.
- 2.3
- From time to time we may change, alter or modify these Terms & Conditions. Any changes to these Terms & Conditions will be effective upon posting by us on the Website and any use by you of the Website after such changes have been posted shall be deemed to indicate your agreement to the modified Terms & Conditions. If you do not agree to the modified Terms & Conditions, you should cease use of the Website.
- 2.4
- Some of the provisions may be superseded or supplemented by provisions or notices posted elsewhere on our Website.
3. CHILDREN UNDER 13 YEARS OF AGE
- 3.1
- If you are under 13 years of age, please ask a parent or legal guardian to read through these Terms & Conditions and our Privacy Policy before you use the Website.
- 3.2
- PARENTS AND LEGAL GUARDIANS should note that to the extent that any individual who is authorised by you OR for whom you are responsible causes loss or damage to any person as a result of accessing or using the Website you agree to indemnify us in full against all such claims made against us.
- 3.3
- If you are in doubt how anything on the Website functions or what you can or cannot do, email us here support@rychan.com.
- 3.4
- If you ever need help to use the Website, please ask a parent or legal guardian.
4. INTELLECTUAL PROPERTY RIGHTS
- 4.1
- All copyright, trademarks, design rights and other intellectual property rights (registered and unregistered) in and on the Website and all content located on the Website shall remain vested in Cantata, L.P. or its licensors. You may not copy, reproduce, republish, modify, disassemble, decompile, download, post, broadcast, transmit, make available to the public or otherwise use the Website and the content on the Website in any way except for your own personal, non commercial use.
- 4.2
- We expressly prohibit linking by other sites to any part of this Website other than the home page (so-called “deep-linking”) or where we have otherwise expressly given permission. In addition, we expressly prohibit the linking to the home page of this Website in such a manner that suggests or could be understood to imply that any part of this Website is part of another web site and, in particular, third parties must not frame or use other techniques to enclose any part of this Website.
- 4.3
- You may not delete, alter, adapt or create a derivative work from any Website content except for your own personal, non-commercial use.
5. USE OF THE WEBSITE
- 5.1
- You must use any message board or other public or private communication facilities of the Website in accordance with these Terms & Conditions.
- 5.2
- You may not post or otherwise publish any material which is unlawful, offensive, abusive, obscene, indecent, threatening or defamatory, or which infringes the intellectual property rights, breach the confidence of, or violate any other legal rights of any person.
- 5.3
- You must not use these facilities to commit or encourage a criminal offence, to insert, transmit or distribute viruses or corrupt data, to send any unsolicited advertisement or other promotional material (that is, “spam”), to conduct or forward competitions, surveys or chain letters.
- 5.4
- We do not control, endorse and are not responsible for material posted in any public area of the Website. We reserve the right to refuse, in our sole discretion, to post and/or to remove any material sent or posted by you or to restrict, suspend, or terminate your access to all or any part of the Website at any time, for any or no reason, with or without prior notice and without liability.
- 5.5
- Any material you send or post on the Website will be considered to be non-confidential and non-proprietary and you irrevocably agree that we may edit, reproduce, distribute, sub-license, transfer or otherwise exploit any material sent, received or posted on the Website by you in whole or in part, in any form, indefinitely, and you agree to waive any moral rights which you may have in such material.
- 5.6
- If you have any concerns about the Website or the material that is posted on it, please contact us at support@rychan.com.
6. REGISTRATION
- 6.1
- If you register with the Website, you will be required to provide us with certain information about you including your name and your email address (the “Member Information”).
- 6.2
- We use the Member Information as detailed in our Privacy Policy.
7. COMPETITIONS
- 7.1
- From time to time we may operate competitions through the Website. Each competition that is run through the Website will be subject to its own rules which will be made available at the time the competition is run.
8. LINKS FROM THE WEBSITE
- 8.1
- Where the Website contains links to other sites and resources provided by third parties, we have no control over the content of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
9. OUR LIABILITY
- 9.1
- The Website and all content and services contained on it are provided on an “as-is” basis and we do not make any representation or give any warranty in respect of the Website or its content. We hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute or otherwise.
- 9.2
- To the fullest extent permitted by law, we hereby expressly exclude all liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the use, inability to use or results of the use of the Website, any websites linked to the Website and any materials posted on the Website including, without limitation, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss of damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise.
- 9.3
- Nothing in this clause shall limit or exclude our liability for death or personal injury causes by our negligence or our liability for fraudulent misrepresentation.
- 9.4
- You undertake to indemnify us and keep us indemnified against all actions, proceedings, claims, demands, costs, awards and damages howsoever arising directly or indirectly as a result of your use of the Website, any material sent to or taken from the Website by you or as a result of any breach of any terms of these terms of use.
10. TERMINATION
- 10.1
- We may terminate your access to the Website at any time without notice to you if we consider, in our absolute discretion, that you are in breach of any of the terms contained in these terms of use.
- 10.2
- We may also stop operating the Website at any time without notice to you.
11. GENERAL
- 11.1
- If any part of these Terms & Conditions should be determined to be illegal, invalid, or otherwise unenforceable, then to the extent which that part is illegal, invalid, or unenforceable, then it shall be severed and deleted and the remaining parts of these Terms & Conditions shall survive and remain in full force and effect.
- 11.2
- The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms & Conditions.
12. LAW AND JURISDICTION
- 12.1
- These Terms & Conditions shall be governed by and construed in accordance with United States law and the courts of U.S. shall have exclusive jurisdiction to hear all disputes arising in connection with these Terms & Conditions. As an exception to this, we may also bring actions in other courts having jurisdiction.
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