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Book That VibeTerms and Contitions

 
BTV

TERMS FOR USERS ("TERMS")

  1. THESE TERMS
    1. These Terms & Conditions ("the Terms") apply to all users of the Book That Vibe ("BTV") website ("the Site") and by using the Site, you agree to be bound by them. If you do not agree to be bound by these Terms, please stop using the Site immediately. You are also asked to expressly agree to these Terms at various parts of the website including, for example, on registration.
    2. "We, our and us" refers to BTV Online
    3. We may from time to time change these Terms and such changes will apply to you if you continue to use the Site following such changes. You must therefore check these Terms from time to time to ensure you are happy to continue to be bound by them.
  2. PURCHASING GOODS OR SERVICES
    1. All orders and purchases made through the Site are made subject to these Terms and they are also subject to any further terms relevant to specific goods or services ("Further Terms"). Such Further Terms will be communicated at the time such orders or purchases are made or at any other time we deem appropriate.
    2. If you purchase any goods or services from any third party such purchase shall be subject to the terms and conditions of the appropriate third party. If you purchase goods or services from us when we act as an agent for any third party, such purchase shall be subject to these Terms and the terms and conditions of the appropriate third party. In the event of any conflict between these Terms and the third party terms these Terms shall prevail.
    3. Unless otherwise stated in General Terms, the ordering process shall be as follows:
      1. We may acknowledge an order for goods or services but this shall not amount to an acceptance of your order by us;
      2. We will not accept your order and the contract for purchase of the relevant goods or services will not be complete until the goods are despatched or the services supplied. Until that time, we are free to reject any order made by you.
  1. MONEY
    1. The price for goods and services shall be as set out on the appropriate part of the Site. Such amounts must be paid in full and received by us in cleared funds.
    2. If any payment in relation to any goods or services is late or not accepted by us, we will have no obligation to supply the relevant goods or services to you.
    3. The payment for goods or services supplied by third parties may need to be made directly to such third party, such payment must be made subject to such third party’s own terms and conditions.
    4. If we suffer any loss in relation to your use of credit cards, for example, in relation to chargebacks, you agree to indemnify us in relation to such loss (pay us an amount equal to such loss).
    5. All charges incurred in relation to telecommunications, including mobile network charges or internet telecommunications service provider charges will be in addition to any charges we or our third party suppliers make and you shall be entirely responsible for such additional charges. When making payment you must be the bill payer of whichever method of payment you choose to use or you must have the bill payer’s express permission to make such payment.
  1. TICKET SALES
    1. We are an authorised ticket agent, selling tickets on behalf of Promoters, subject to these Terms. The contract for the sale of the tickets is, therefore, between you and the Promoter. This means that BTV has no contractual liability to you although we may still be liable to you if we have been negligent, have misrepresented any information to you or are in breach of another applicable law.
    2. We do not set the ticket prices. If an event is cancelled, we will automatically arrange a refund to the card used to pay for the tickets and it is your responsibility to check in advance that an event has not been cancelled. If the event is moved or rescheduled, the venue or Promoter may set refund limitations and you should contact the Promoter for further information.
    3. BTV reserves the right to cancel ticket bookings which it reasonably believes to have been made fraudulently.
    4. For certain events, the number of tickets you may purchase may be limited. If this applies to a particular event, you will be notified at the time of making a purchase.
    5. Unless a Promoter specifies otherwise in relation to a particular event, all tickets ordered through the Site will be "e-tickets" which will be downloaded from the Site. Where a Promoter issues paper tickets for a particular event, the delivery of the tickets is solely the Promoter’s responsibility and if you have not received the tickets within 48 hours of the event, you should contact the Promoter directly.
    6. Please check the details of the ticket on receipt and ensure that you bring the credit or debit card used to pay for the tickets to the event. Any failure to produce the credit or debit card at the venue will invalidate the tickets.
    7. The Promoter reserves the right to vary the programme for the event due to circumstances beyond its reasonable control, without being obliged to refund the ticket price.
    8. Tickets are sold subject to the terms and conditions of the Promoter and the rules and regulations of the venue where the event will take place and any breach of these rules or inappropriate behaviour at the venue, whether likely to cause damage to property, persons or nuisance generally, shall entitle the Promoter or venue to require you to leave the venue immediately. You should be aware that a Promoter or venue may not permit admission to an event after a specified time and may not permit pass-outs or re-admissions.
    9. By purchasing a ticket to an event through the Site, you consent to being filmed or photographed at the event.
    10. You may purchase tickets only for personal use and not for resale at a profit or as part of a business.
  1. REGISTRATION
    1. Where any part of the Site requires you to provide information it is your obligation to provide complete and accurate information and to update us of any changes to such information where appropriate.
    2. Registration is personal to you only and you must ensure that any password provided is only used by you. As such you will be entirely responsible for all activities carried out using your username and password (or activities carried out using this Site following use of your username and password) even if such activities are not carried out by you. You are obliged to keep your password confidential and out of the reach of any third parties.
    3. If we send you an email a link will be provided which links directly into your user account bypassing the need for you to enter your username and password. You are responsible for any use of such link whether by yourself, any person accessing your emails, any person using the link via a forwarded email or any other third party using the link.
    4. If you are under 18 years of age you agree that you have had your parents' permission to use the Site and send any information to us about yourself or anyone else over the internet. We make no representations or warranties whatsoever to the effect that the contents of this Site are suitable for people under the age of 18.
  1. FACILITIES
    1. We determine what facilities are available on the Site and such facilities are provided on an "as is" basis. We may at our sole discretion add or remove facilities to or from the Site at any time on a temporary or permanent basis with no liability to you.
    2. You are free to use the facilities made available from time to time but you must do so in accordance with these Terms and in accordance with any instructions provided online.
  1. USE OF THE SITE
    1. You shall comply with all applicable laws, regulations and codes of conduct that may apply to any of your activities in relation to the Site and to ensure that anything you do in relation to this Site does not infringe the rights of any other person or body.
    2. All the content on the Site and any other material sent to you by us ("the Content") belongs to us or our licensors. We grant to you a non commercial, non exclusive, non transferable, royalty free licence to use the Content for your own personal purpose on a single computer for lawful and non commercial use. Such licence will terminate immediately if you fail to comply with these Terms.
    3. Other than as allowed within clause 7.2, you agree that you shall not either solely or jointly or directly or indirectly:
      1. publish, distribute or transmit any of the Content;
      2. create a database in electronic or structured manual form by downloading and storing all or any of the Content from this Site for any purpose whatsoever;
      3. copy or reproduce the Content or create derivative works from it or modify or in any way commercially exploit any of the Content.
    1. You agree that in relation to this Site you will not either solely or jointly directly or indirectly:
      1. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
      2. Publish, post, distribute, or disseminate any defamatory, infringing, obscene, indecent, unlawful or objectionable material or information;
      3. Do anything which is in any way unlawful;
      4. Upload files that contain software or other material protected by intellectual property rights (or by rights of privacy of publicity) unless you own or control such rights or have received all necessary consents;
      5. Make available, distribute or upload any files that contain viruses, bugs, corrupted files, trojan horses, worms or any other software or programs that may in any way cause damage or harm;
      6. Delete any author attributions, legal notices, (including but not limited to copyright and trade mark notices) or proprietary designations or labels in any file that is uploaded;
      7. Falsify the origin or source of software or other material contained in a file that is uploaded;
      8. Unless expressly permitted, advertise or offer to sell any goods or services or conduct or forward surveys, contests, or chain letters;
      9. Impersonate another person or create a false or inaccurate profile or use a false name or a name you are unauthorised to use or create a false identity or email address or try to mislead others as to the identity or origin of any communications;
      10. Damage, interfere with or disrupt access to the Site or do anything which may interrupt or impair the Site’s functionality;
  1. PERSONAL INFORMATION
    1. You agree that we may use all information you supply us with in accordance with our Privacy Policy.
    2. You agree that all content provided by you, including but not limited to words and photographs, can be displayed on the Site forever (and can be used by us in relation to the Site) and that even if you cease using the Site, we can continue to use such content in association with your selected username.
    3. If we lose any content or personal information, we shall not be liable to you for such loss.
    4. You agree that third parties may post content (including photographs and words) on the Site which is about you, other third parties or anything else (including but not limited to products, services or music). Unless you can show to BTV’s reasonable satisfaction that such content infringes your legal rights, you agree that we shall be under no obligation to remove such content even if it is damaging to you and your reputation or that of any third party.
  1. THIRD PARTY SERVICE PROVIDERS
    1. Most of the content on the Site and goods and services supplied through the Site are supplied by third parties. Unless otherwise stated such content and any goods and/or services provided by such third parties (for example guestlists and tickets) are a matter between you and the respective third party and subject to their terms and conditions or representations.
    2. We are in no way responsible and make no warranty in relation to the goods and services provided or to the accuracy or completeness of such content. If you have any issues in relation to such content or goods or services then you will need to deal with such issues directly with the relevant third party.
    3. This site contains links to third party webpages or other information external to the Site. Whilst we endeavour to vet those third parties who we link to we are not responsible for the contents of any information which you may access by virtue of such links. You shall use and select any such links entirely at your own risk.
    4. Third parties advertise their products and services on our Site and we may sponsor other third parties on our Site. The third parties who advertise on the Site or who we sponsor are entirely responsible for the content of their advertisements, extracts or information contained and we exclude all liability, to the greatest extent permitted by law, for any errors or inaccuracies that may appear in such advertisements, extracts or information. We do not endorse any products or services supplied by such third parties and you buy such products and services subject to the relevant third parties’ terms and conditions and entirely at your own risk.
  1. INTELLECTUAL PROPERTY
    1. You acknowledge and agree that all copyright, trade marks and all other intellectual property rights in all materials and/or content made available via the Site shall remain at all times vested in us or our licensors.
    2. You grant us a perpetual and irrevocable licence to use at our sole discretion all the content which you upload or otherwise supply to the Site. Such content shall include but not be limited to the words and photographs supplied by you to the Site.
  1. ADVERTISING
    1. The Site contains the advertising of third parties which is a key revenue stream to enable the Site to operate. As such you agree not to disable any of the advertising contained on the Site including but not limited to banner ads, pop ups ads or click throughs.
  1. NO WARRANTY
    1. We endeavour to ensure that the Site is always available and the information and content on the Site is accurate and complete but make no warranty in relation to such availability, accuracy or completeness. Your use or reliance on such information and content is entirely at your own risk. We make no warranty that this Site shall be free from any viruses, bugs or anything else which may cause harm to your (or anyone else’s) computing equipment.
    2. The Site and all content on it is provided on an "as is" basis. Other than as stated in these Terms we make no (and expressly exclude all) conditions, representations or warranties, express or implied, whether by statute, common law or otherwise, to the greatest extent permitted by law.
  1. SOFTWARE
    1. In order to use our Site to its full potential you may need to download third party software. We are not responsible for such third party products in any way and your use of them is entirely at your own risk and subject to any terms imposed by such third party.
  1. LIABILITY
    1. Nothing in these Terms shall limit or exclude our liability to you for death or personal injury where this is caused by our negligence. Furthermore, this clause does not affect your statutory rights as a consumer.
    2. This clause sets out our entire liability to you in relation to the Site and any goods or services used or purchased in relation to this Site.
    3. You agree that your use or reliance upon any of the information and content contained in this Site is entirely at your own risk and we shall (to the greatest extent permitted by law) in no way be responsible or liable for any such use or reliance. Furthermore we shall not to the greatest extent permitted by law be liable for the unavailability of the Site or any inaccuracy or incompleteness of any content of the Site.
    4. We shall not be liable to you for any loss of profits, loss of time, loss of opportunity, loss of data, damage to reputation, loss of goodwill, loss of use of money, any consequential or indirect loss, or for any loss which is not reasonably foreseeable to us as a consequence of our breach of these Terms. This exclusion of liability shall apply to all such losses whether they are direct, indirect or consequential losses.
    5. To the extent that we are liable to you in relation to any goods or services, our liability shall be limited to the cost of the goods or services (paid by you to us) that gave rise to such liability.
    6. We make no warranty in relation to goods or services that are supplied by third parties (or by us as agents for third parties) through the Site and we exclude all liability in relation to them. Any claims that you may have in relation to them must be dealt with directly with the relevant third party.
    7. You indemnify us (cover all our losses) against all and any expenses, losses, liabilities, damages, costs incurred or suffered by us in relation to any claims or proceedings, which arise in any way from your use of the Site or from any breach by you of these Terms or from any use of the Site by you or anyone else using your user name and password.
  1. TERMINATION
    1. We may at any time take down the Site for any reason or prevent your access to it using your password either on a permanent or temporary basis and without the need for prior notice to you. Where you have made payment for our goods or services, we will, where possible provide such goods or services following removal of the Site but where we cannot we will endeavour to provide you with an appropriate refund. If goods and/or services have been purchased or ordered from a third party through the Site and the Site is taken down after such purchase or order the supply of the goods or services is a matter for you and the relevant third party supplier and we shall have no liability to you in relation to it.
  1. GENERAL
    1. You may not assign, sub licence or otherwise transfer any of your rights under these Terms as such rights are personal to you. We shall be free to assign our rights under these Terms to any third party.
    2. If any part of these Terms is found to be invalid by any court having competent jurisdiction that part shall be enforced to the maximum extent possible and the validity of the remaining terms will be unaffected.
    3. If we do not exercise any right or remedy under these Terms, this will not mean that such right or remedy has been waived. These Terms, together with any applicable Further Terms and anything else expressly additional, contain our entire agreement and understanding with you in relation to your use of the Site and you agree that you do not rely on any statement, warranty or representation that is not expressly included.
    4. Nothing in these Terms shall be enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999.
    5. We make no promise that the contents of the Sites and the goods and services on the Site or available via the Site are available or appropriate for use in all the countries of the world. Accessing this Site from any country where any part of the Site is illegal or unlawful is strictly prohibited. If you can access this Site you do so on your own initiative and you are responsible for compliance with any applicable local laws.
    6. These Terms shall be governed by and construed in accordance with the laws of England. You irrevocably submit to the exclusive jurisdiction of the courts of England to settle any dispute which may arise out of or in connection with these Terms.
 
PTV

TERMS FOR PROMOTERS ("TERMS")

  1. BACKGROUND
    1. BOOK THAT VIBE LTD ("BTV") OPERATE THIS WEBSITE TO PROVIDE A NIGHTLIFE COMMUNITY AROUND THE WORLD AND YOU (THE PROMOTER) HAVE SELECTED BTV AS A FORUM TO ADVERTISE YOUR VENUES AND EVENTS AS WELL AS TO INTEGRATE YOURSELF INTO THIS COMMUNITY AND TO BENEFIT FROM THE WIDE RANGE OF FACILITIES OFFERED BY BTV. YOU AGREE THAT ALL USE OF THIS WEBSITE IS STRICTLY SUBJECT TO THESE TERMS. PLEASE READ THROUGH THE TERMS CAREFULLY AS THEY AFFECT YOUR RIGHTS AND LIABILITIES.
  2. GENERAL
    1. You appoint BTV to publish material provided by you and to act as an agent to promote and sell tickets for selected events and provide you other facilities in accordance with these Terms. You (as the Promoter) agree that your use of the website (or any use which is deemed to be authorised by you) will be subject to these Terms and the User Terms and as such you agree to be bound by both sets of Terms (where the different terms conflict, these Terms will prevail).
  3. TO REGISTER AS A PROMOTER
    1. In order to register as a Promoter, you will have already followed the simple steps set out in the Promoter Registration Page.
    2. The Username and Password ("Security Access") used to register you as a Promoter is strictly confidential and you (the Promoter Registering) will be responsible for all use of it, even if such use is not authorised by you.
    3. If you authorise any third party to have access to your Promoter Account, you will be solely responsible for all use of your Promoter Account by such third party or by anyone using that third party's Security Access.
    4. If BTV or any registered users suffer any loss of any kind due to any acts or omissions that you are responsible for as set out in 3.1 - 3.3 above, you agree to fully reimburse them for such losses.
  4. FACILITIES
    1. BTV make various facilities available for Promoters, which BTV are entitled to vary or amend from time to time at their sole discretion. Some facilities available when you register as a Promoter (as set out in the remainder of this clause 4) may be removed from the website and some further ones may be provided in addition. If you have paid for any services or facilities then BTV will always endeavour to ensure that you receive the full benefit of such service or facility.
    2. Email marketing
      1. BTV offers Promoters the benefits of email marketing campaign software. Any emails or texts sent from your account should adhere to BTV’s permission-based marketing policy whereby your client has knowledge and given permission to contact them in accordance with our Privacy and anti-SPAM policies.
    3. Banner Ads
      1. The website has been set up to enable Promoters to populate certain parts of the website with ads and promotional material.
      2. You will be entirely responsible for all material you provide and for selecting the ads that you require and the duration of time that you require such ads to be shown for. Any artwork provided by you in relation to an ad must be provided to BTV at least 2 Working Days before the start date for the ad. If it is supplied after this time the start of the ad may be delayed. For the purpose of this clause a Working Day is any day other than a Saturday, Sunday or a national or public holiday in the UK.
      3. BTV offers no guarantee in relation to the number of times an ad will appear, the number of click throughs or to the targeting of such ads and any figures provided are based on past experience and intention. BTV make no promises in relation to such figures.
      4. BTV reserve the right at any time to take down any ads placed at BTV's sole discretion. If BTV consider it appropriate, BTV will reimburse on a pro rata basis for any unexpired period of time in relation to such ads.
      5. If there is downtime and the website is unavailable to all end users as a result BTV may at their sole discretion provide a partial refund in relation to payment made for effected banner ads or provide an extended period for the banner ad or take no such action.
    4. Events and Venues
      1. You can add events and venues by following the step by step process on the website. You will be responsible for all information supplied in relation to such event or venue and for ensuring that it is up to date and accurate.
      2. BTV shall provide access to event and venue pages through the use of a calendar and an index of places. Such access may at any time change as the website evolves at BTV's sole discretion. BTV reserve the right to remove events or venues or to amend information about events or venues at their sole discretion.
    5. Guestlists
      1. If you have posted an event you can add a guestlist for such event. You must complete all the required details about the guestlist to enable it to operate. If you do not provide all requested information the guestlist may not operate effectively.
      2. When adding a guestlist, you must include any conditions attached to the guestlist including the door policy and any concessions available in relation to such guestlist.
      3. You must ensure that you honour the guestlist conditions and concessions to all those who correctly signed up to it before you close out the guestlist correctly on the website.
      4. BTV have no involvement in your relationship with those on the guestlist and your relationship is strictly between you and them. BTV merely act as agent for you to populate your guestlist.
  5. PROMOTER OBLIGATIONS
    1. You agree to complete all sections of all of the Promoter's Administration and Registration Page in accordance with all instructions and to only use the website in accordance with instructions on the website or as otherwise instructed by BTV.
    2. You shall keep BTV fully informed of any feedback in relation to the website or BTV generally and whether positive or negative.
    3. You shall ensure that all information that you provide is accurate, complete and not misleading.
    4. You shall comply with all lawful and reasonable instructions of BTV.
    5. You will do nothing which may damage the reputation of BTV.
    6. You shall ensure that the staff working on the door of an event have full information about the tickets and guestlists sold or allocated using the website for the relevant event to enable them to allow the appropriate access.
    7. You shall delete and not copy or store information about users which you receive in relation to tickets or guestlists and shall only use such information strictly in order to allow entry to the event for which the information was given. You agree that such data is owned by BTV and can only be used by you subject to these Terms and any instructions provided by BTV. Any use of the data outside of this clause shall be a breach of these Terms and of applicable Data Protection law.
    8. You agree that you will promote BTV as agreed between you and BTV and strictly in accordance with any requirements of BTV. As a minimum you agree at all times to comply with BTV’s Brand Guidelines.
    9. You shall be responsible for displaying any information which contains any references to BTV or to their brand, in particular in relation to the legality of displaying posters and other advertisements. You agree to indemnify BTV against any loss they may suffer as a result of any claims made against them relating to your use of their brand in this way.
  6. FINANCIAL PROVISIONS AND CONTRACT FORMATION
    1. You may pay for certain things using the website, such as for banner ads and SMS credits. BTV uses third party credit card payment facilities to effect such payment and whilst BTV take care in selecting such third parties, it cannot be responsible for your use of your credit card online and, subject to any liability being caused by BTV's negligence, BTV shall not be liable for any loss you may suffer in relation to such online payments. Where any credit terms are agreed you must make full payment strictly in accordance with such credit terms.
    2. Prices for all things that you purchase from the website will be as set out in the relevant webpage (VAT will be expressly stated). BTV are free at any time to change the prices in relation to the facilities and the website in general. Such changes shall take effect from the time they are displayed on the website or otherwise communicated to you. BTV reserve the right to reject your orders made online (your order shall amount to an offer) and in such circumstances, BTV will where appropriate give you a full refund. BTV reserve the right to make an annual charge to Promoters. If such a charge is imposed, BTV will contact you with the appropriate details. If you are not prepared to pay such annual charge, you will be entitled to terminate your agreement with BTV with immediate effect.
    3. You shall have no right to make any deductions to any amounts owing by you to BTV whether by way of set-off, counter claim, discount, abatement or otherwise. BTV shall, if any amounts are owing to you be able to make deductions to such amounts representing any amount that is outstanding from you to BTV.
    4. BTV may agree to set up a credit account with you and in such circumstances, BTV will inform you of the terms to apply to such credit account. You agree to comply with such terms.
    5. If we suffer any loss as a result of chargebacks or other similar charges relating to credit card payments you agreed to indemnify us in relation to any such losses.
    6. No payment under this clause 6 shall be considered made until it is received by BTV in cleared funds.
    7. Without prejudice to any other rights or remedies of BTV (whether expressly specified in these Terms or otherwise) in the event that you fail to pay any of the sums payable on their due dates for payment:
      1. BTV reserves the right to charge interest on such sum in accordance with the Late Payment of Commercial Debts (Interest) Act 1998;
      2. BTV shall be entitled (but not bound) to suspend performance of their obligations under these Terms until all sums owing have been paid in full or terminate the agreement formed under these Terms by giving you 30 days’ written notice of such termination.
  7. INTELLECTUAL PROPERTY
    1. You grant BTV a perpetual and irrevocable licence to use all materials that you provide to BTV in any way BTV deem reasonable in relation to BTV’s business.
    2. You warrant that you own all intellectual property rights in any materials you supply to BTV and the website generally and that any use of such materials by BTV shall not infringe the intellectual property rights of any third party. For the purpose of this clause 7, intellectual property rights shall include but not be limited to copyright, trade marks (registered or unregistered), brand, design rights, database rights, patents or confidential information. You agree to indemnify BTV for any losses, expenses, claims, damages or liabilities that BTV may suffer as a result of any use of the materials supplied by you to BTV or the website generally.
  8. LIABILITY AND INDEMNITY
    1. BTV shall not be liable to you for any indirect or consequential loss or for any loss of profit, data, savings, use of money, business, goodwill or reputation whether such losses are direct or indirect.
    2. Nothing in these Terms shall limit BTV’s liability for death or personal injury caused by their negligence.
    3. To the extent BTV have any liability to you under these Terms, such liability shall, in any given year, be limited to the amount of revenue earned by BTV from you during such year.
    4. You shall indemnify and keep BTV indemnified against any liabilities or losses or any claims by any third parties however caused that arise in any way in relation to any act or omission by you or any breach by you of these Terms except to the extent that the loss or liability occurs due to BTV’s negligence.
    5. You shall maintain adequate insurance in order to protect yourself in the event of any losses in relation to clause 8.4 or any other part of these Terms.
  9. DURATION AND TERMINATION
    1. Following your agreement of these Terms, the agreement between you and BTV will continue indefinitely until terminated by either party in accordance with this clause 9.
    2. BTV can terminate the agreement formed under these Terms at any time immediately on notice to you.
    3. You may terminate the agreement formed under these Terms at any time by giving BTV 1 week's notice.
    4. Either party shall be entitled immediately to terminate the agreement formed under these Terms by notice to the other if that other party commits any material breach of any of the provisions of these Terms and, in the case of a breach capable of remedy, fails to remedy the breach within 30 days after receipt of a written notice giving full particulars of the breach and requiring it to be remedied.
    5. Either party may terminate an agreement formed under these Terms with immediate effect if the other passes a resolution for winding up (other than for a solvent reconstruction) or if the court shall make an order to that effect or if the other ceases or threatens to cease trading or if the other becomes or is declared insolvent or convenes a meeting of or makes or proposes to make any arrangement for composition with its creditors or if a liquidator, receiver, administrator, administrative receiver, trustee or similar officer is appointed over the assets of the other.
    6. The termination of the agreement shall be without prejudice to any other right or remedy of either party in respect of the breach concerned (if any) or any other breach.
    7. Termination, however caused shall not affect any goods or services sold prior to such termination and you shall be obliged to provide such goods or services sold irrespective of such termination. Following termination however caused you shall have no right to access the website and your Security Access will be disengaged.
    8. All material supplied by you to BTV and the website in general can, at BTV's sole discretion, continue to be published on the website even following any such termination.
  10. GENERAL
    1. Any waiver by BTV of a breach of any provision of these Terms shall not be considered as a waiver of any subsequent breach of the same or any other provision.
    2. These Terms constitute the entire agreement between you and BTV and supersede any prior written or oral agreement in relation to the subject matter and you confirm that you have not agreed to these Terms on the basis of any representation that is not expressly incorporated into them. These Terms shall not be capable of being varied nor any of its terms waived otherwise than by writing, signed by a duly authorised officer of both parties.
    3. Each provision of these Terms is independent and severable from the remaining provisions and enforceable accordingly. If any provision of these Terms is unenforceable for any reason but would be enforceable if part of the wording of the provision was deleted, it shall apply with such deletions as may be necessary to make it enforceable.
    4. These Terms shall be governed by and construed in accordance with the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English Courts.
    5. The parties agree that any and all rights (express or implied) conferred upon a party under any of these Terms by the Contracts (Rights of Third Parties) Act 1998 are expressly excluded except for any rights of BTV to enforce provisions against a registered user.

 

 

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