TERMS & CONDITIONS
If you are 16 years old or younger you may not register to use the Site nor enter competitions or prize draws on the Site. Please ask a parent or guardian to do so on your behalf. If we become aware that you are 16 years or younger and you have not obtained such permission, we will remove your personal information from our records. We reserve the right to seek any form of verifiable parental consent as we believe appropriate at any time.
1. Felicia West End Ltd
1.1 If you would like further information about Felicia West End Ltd, the Memphis the Musical show or anything else referred to on the Site, please contact us using the following details:
Felicia West End Ltd
c/o Joe Public Ltd,
The Dutch House,
307-308 High Holborn,
London WC1V 7LL
The company registration number for Felicia West End Ltd is 8160234.
2. Use of the Site
2.1 You may not use the Site in any improper or unlawful manner or in breach of any legislation or licence that applies to you.
2.2 Except as expressly permitted, you agree that when using the Site you will not nor attempt to: (a) publish, post, upload, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, harmful, confidential, libellous, hateful, fraudulent, invasive of privacy or publicity rights, hateful or racially, ethnically or otherwise objectionable, or otherwise illegal material or information or anything which might constitute a criminal or civil offence or which restricts or inhibits any other person from using or enjoying the Site; (b) upload files or other data that contain software or other material which are the Intellectual Property Rights of any third party or which are protected by rights of privacy or publicity of any third party without having received all necessary consents; or (c) upload files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of the Site or any other computer or (d) you must not upload, post, publish, display, transmit, share or otherwise make available unsolicited or unauthorised advertising, solicitations, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation or bulk communication nor solicit any private information from any third party, including, address, phone numbers, email addresses and payment details.
2.3 You agree to comply with all reasonable instructions that we may give you from time to time regarding the use of the Site.
2.4 You are responsible for obtaining (at your own cost) all necessary equipment and telecommunications services required to access and use the Site. You are responsible for ensuring that no one uses your equipment to access the Site without your permission. We will be entitled to assume that anyone who accesses the Site using your equipment has your permission to do so and you will be liable for any Charges or any other costs, liabilities or damages that may be incurred by any such person.
3. Competitions and Prize Draws
3.1 From time to time it may possible to enter competitions or prize draws through the Site. There may be additional terms and conditions applicable to those competitions or prize draws. Where additional terms apply you will be notified of that fact and given an opportunity to read those terms and conditions before you enter the competition or the prize draw.
4. Intellectual Property
4.2 You may view, download and print any materials and information made available to you through the Site subject to the following conditions:
(a) the material and information may only be used for your personal and non-commercial purposes;
(b) the material and information shall not be reproduced or included in any other work or publication in any medium;
(c) the material and information may not be modified or altered in any way;
(d) save as provided by Clause 4.4 the material and information may not be distributed or sold to any third party;
(e) you may not remove any copyright or other proprietary notices contained in the material or the information.
4.3 We do not give you any rights in relation to Intellectual Property Rights in any product or service that you purchase from or via the Site.
User Content & your agreement with us
If you register to use the Site you will be able to create and contribute to your profile page and upload, post, publish, display, transmit, share or otherwise make available User Content to certain sections of the Site.
By uploading, posting, publishing, displaying, transmitting or sharing User Content on or through the Site you automatically grant us a worldwide, non-exclusive, royalty-free licence (with the right to sublicense) to use, copy, reproduce, communicate to the public, process, adapt, edit, modify, publish, transmit, display and distribute such User Content in any and all media or distribution methods (now known or later developed) including without limitation for the following purposes:
(a) Hosting and making available the User Content as part of the Site;
(b) advertising or promoting the Site or the Memphis the Musical show; and
(c) otherwise in connection with the provision of the Site or for our business.
The licence you grant to us is royalty free and we will not be under any obligation to pay you or any other third party appearing in the User Content for using any of the User Content on the Site or for any of the purposes described above.
Unless we agree otherwise with you, you are free to use your User Content outside of the Site in any way you choose and in turn we shall not distribute or sell any of your User Content outside of the Site, other than in connection with the Site or the promotion of the Site.
All User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the User Content posted via the Site. Any use of or reliance on any User Content or materials posted via the Site or obtained by you through the Site is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or communications posted via the Site or endorse any opinions expressed via the Site. You understand that by using the Site, you may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will we be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content made available via the Site or broadcast elsewhere.
You are responsible for your use of the Site, for any User Content you provide, and for any consequences thereof, including the use of your User Content by other users and third parties. You understand that your User Content may be shared and if you do not have the right to submit User Content for such use, it may subject you to liability. We will not be responsible or liable for any use of User Generated Content by us or any other users of the Site in accordance with these Terms & Conditions. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.
We reserve the right at all times and without notice (but will not have an obligation) to remove or refuse to distribute any User Content as part of the Site.
We may modify or adapt your User Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your User Content as are necessary to conform and adapt that User Content to any requirements or limitations of any networks, devices, Sites or media.
We reserve the right to disclose to third parties any information about any user, including personal data relating to such user, where we are required to do so by law or by a court or where we reasonably believe that such disclosure is necessary for the purposes of or in connection with legal proceedings brought by such third party against such user or for the purposes of such third party establishing, exercising or protecting its legal rights in relation to such third party. You hereby consent to the disclosure of your information for such purposes.
5. Warranties and Disclaimers
5.1 We will exercise all reasonable skill and care in providing the Site. We obtain the materials and information provided on the Site from third party partners and so we are not able to guarantee the accuracy, completeness, currency or reliability of any such materials or information.
5.3 This Site may contain links to websites and microsites operated by third parties that are not under our control and are provided to you for your convenience only. We make no warranties or representations whatsoever about any other website which you may access through this Site or any services that they may provide. Without limiting the foregoing, these sites are in no way approved, vetted, checked or endorsed by us and you agree that we shall not be responsible or in any way liable for the content, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality of any products or services available on such sites. If you choose to access a website beyond our control, you do so at your own risk. In addition, use of any such third party website or microsite may be subject to your acceptance of additional terms and conditions.
6 Limitation of Liability
(a) death or personal injury caused by our negligence;
(b) any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us to you;
(c) any other liability that cannot be so limited or excluded at law.
6.2 Subject to Clause 6.1, you agree that we shall not be liable for:
(a) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind (including but not limited to lost savings or loss or corruption of data); or
(b) any loss of profit (whether direct or indirect), whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with:
(c) any use of this Site or its contents;
(d) any failure or delay in the use of any component of the Site or any service including, without limitation, any unavailability of the Site or the services irrespective of duration of any period of unavailability; or
(e) any use of or reliance upon any information, material, software, products, services and related graphics obtained through the Site, in all cases even if we have been forewarned of the possibility of such loss or damage.
6.3 Without limiting the effect of Clause 6.1, due to the inherent risks of using the internet, we cannot be liable for any damage to, or viruses that may infect your computer equipment or any other property when using or browsing the Site. The downloading or other acquisition of any materials or information through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or acquisition of any such materials.
6.5 Some goods or services may differ slightly from the description or appearance on the Site. Please check the delivered product/service immediately on receipt because we will not be held responsible for any subsequent loss or destruction.
6.6 We will notify you of any such claims or proceedings and keep you informed as to the progress of such claims or proceedings.
(b) you do not comply fully with Clause 2 above; or
(c) we choose to so terminate in our sole discretion.
8. Data Protection, Privacy and Cookies
9. No Waiver
10. Third Party Rights
12. Entire Agreement
13. Governing Law & Jurisdiction
13.1 This Agreement is governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English Courts.
14.1 In this Terms and Use the following terms shall have the following meanings:
"Intellectual Property Rights" means patents, registered and unregistered trademarks and service marks, domain names, registered designs and design rights, copyright (including such rights in computer software and databases), rights in performances, database rights and moral rights (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings and computer programs;
"Site" means the website available on the internet at the domain memphisthemusical.com; "we", "us" and "our" means Felicia West End Ltd.
"User Content" means any information, text, image, audio, video or other materials uploaded, posted, published, displayed, transmitted, shared or otherwise made available by users.