These Terms and Conditions shall apply to Your use of the website located at www.avtalk.co.uk (“the Website”).
By using the Website You agree to be bound by the terms and conditions set out below. If You do not wish to be bound by these terms and conditions, You should not use the Website. We may change these Terms and Conditions from time to time and so you should check these regularly. Your use of the Website will be deemed an acceptance of the terms existing at that time.
“You/Your” means You, the user/Your, the user’s. “We/Us” means AV Talk and Our/Our’s shall be interpreted accordingly. “Website” shall have the meaning as set out above. “User Information” means the personal details which may be provided by You to Us via the Website. “Users” means the users of the Website collectively and/or individually as the context admits.
2. Acceptable Use
You agree that any use by You of the Website shall be in accordance with the following conditions:
2.1 You will not post or transmit through the Website any defamatory, threatening, obscene, harmful, pornographic or otherwise illegal material or material which would violate or infringe in any way upon our rights or those of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or inconvenience. You must not express opinions that are vulgar, crude, sexist, racist or otherwise offensive. Always treat other Users with respect.
2.1a Whilst the AV Talk offensive language filter aims to remove potentially offensive words, you must post responsibly and not post potentially offensive words. This includes the use of offensive words in user names.
2.2 You will not post or otherwise make available on the Website any material which You do not own without the express permission of the owner of the material.
2.3 You will not copy, download, reproduce, republish, frame, broadcast, transmit in any manner whatsoever, any material on the Website except as is strictly necessary for Your own personal non-commercial home use.
2.4 You will abide by the specific rules of any competition or promotion that You participate in on or via the Website.
2.5 You will not do anything that affects the operability or security of the Website or causes unreasonable inconvenience or offence or disruption to our staff.
2.6 Members are not permitted to post advertisements for any commercially available products or services unless permission has previously been granted by AV Talk Admin.
Any post that is deemed to be an advertisement and which has not been authorised by AV Talk Admin will be removed from the forum.
Retailers, manufacturers and distributors are invited to post information about products within the forums provided those posts relate to the question/thread they are included in, are factual, for the benefit of forum members and do not include a direct invitation to purchase.
In all cases, explicitly commercial posts must be confined to the Powerbuy and Sponsor’s Shop forums only, after having obtained prior authorisation to do so. Such posts placed in any other AV Talk forums will almost certainly be deleted at the discretion of Moderators.
3. Third Party Websites
3.1 You acknowledge and agree that We are not responsible for the availability of any third party Websites or material You access through the Website.
3.2 We do not endorse and shall not be held responsible or liable for any content, advertising, products or services on or available from such Websites or material.
3.3 Any dealings between You and any third party advertisers or merchants found on or via the Website, including payment for and delivery of products, services and any other terms, conditions, warranties or representations associated with such dealings, are made between You and the relevant advertiser or merchant. Therefore, We are not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings.
3.4 The content of other Web sites, services, goods or advertisements that may be linked to the Site is not maintained or controlled by AV Talk. AV Talk is therefore not responsible for the availability, content or accuracy of other Web sites, services or goods that may be linked to, or advertised on, the Site. AV Talk does not (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Site, (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, goods or advertisements that may be linked to the Site or (c) make any endorsement, express or implied, of any other Web sites, services, goods or advertisements that may be linked to the Site. You understand that AV Talk and/or third-party contributors to the Site may choose at any time to inhibit or prohibit their content from being accessed.
You acknowledge that (i)the Site includes information taken from the Site’s sponsors and other sources, (ii) AV Talk does not guarantee the sequence, accuracy, completeness or timeliness of the Site and (iii) the provision of certain parts of the Site is subject to the terms and conditions of other agreements to which AV Talk is a party. Accordingly, anything to the contrary herein set forth notwithstanding, AV Talk, its officers and employees, affiliates, subsidiaries, successors and assigns, suppliers and its third-party agents shall not, directly or indirectly, be liable, in any way, to you or any other person for any: (i) inaccuracies or errors in or omissions from the Site including, but not limited to, quotes and financial data; (ii) delays, errors or interruptions in the transmission or delivery of the Site; or (iii) loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance.
The Site contains links to other World Wide Web sites provided by independent third parties (“Third Party Sites”), either directly or through frames. Third Party Sites may be co-branded with AV Talk. AV Talk is not responsible for the availability or content of Third Party Sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party Sites.
4. Intellectual Property
4.1 All copyright, trade marks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times joinly vested in Us or Our licensors and the original message author (in the case of post content).
You are permitted to use this material or content freely within the forum. Use for any other purposes is allowed only if expressly authorised in writing by Us or Our licensors and the message author (in the case of post content).
You will not, and You will not assist or facilitate any third party to, copy, reproduce, transmit, distribute, frame, commercially exploit or create derivative works of such material or content.
4.2 If You become aware of any such distribution or commercial exploitation, You agree to notify Us immediately.
4.3 You acknowledge that by posting materials on the Website You grant to Us and Our licensors and assigns an irrevocable, perpetual, royalty free, worldwide licence to use the materials both within the Website and in any other manner. The licence extends to copying, distributing, broadcasting, and otherwise transmitting, and adapting and editing the materials.
5. Liability for and information provided on the Website
5.1 Material which is posted on any bulletin boards or chat forums is written by Users and We are not responsible for and do not endorse such material. We reserve the right to monitor the contributions made and may respond to or comment upon communications made by You and edit, refuse to post, or remove any content from the bulletin boards and chat forums in our absolute discretion. No failure to remove particular material constitutes an endorsement or acceptance of it by Us.
5.2 We will not be held responsible or liable for the content, accuracy, timing or reliability of any information or statements contained within the Website, or for statements, advice and/or opinions made or given by Users on the bulletin boards and chat forums (except as required by law). If You have any claim arising from the actions or statements of another User, You agree to pursue such a claim only against that User and not from Us.
5.3 We will endeavour to provide the Website using all reasonable care. Except as required by law, We will not be responsible or liable for the quality, accuracy or fitness for a particular purpose of the Website and do not promise that the material contained in the Website, or any of the functions contained in the Website or its server will operate without interruption or delay or will be error free, free of viruses or bugs or is compatible with any other software or material.
5.4 We will not be liable for any fraudulent misrepresentations We make or for any death or personal injury caused by Our negligence. We will not be responsible or liable to You for any other loss or damage that You or any third party may suffer as a result of using or in connection with Your use of the Website.
5.5 AV Talk shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against AV Talk by any other party or (ii) any fault, inaccuracy, omission, delay or any other failure in the Site caused by your computer equipment or arising from your use of the Site on such equipment.
6.1 We shall comply with all applicable UK data protection legislation from time to time in place in respect of any personal information relating to You gathered by Us.
We give Our ongoing commitment to ensuring through Our policy of safety that You can use the Website with confidence. When using the Website, in particular any bulletin boards or chat forums, You should always take the following precautions:
7.1 Keep Your identity private. Do not give out Your full name, postal address, telephone number, e-mail address, the name of Your school or any other information (other than that specifically requested by Us), that could help someone discover Your actual identity;
7.2 Never meet with someone You meet online.
7.3 Do not reply to any messages that are hostile, rude or inappropriate, or in any way make You feel uncomfortable.
If you are a business User, You agree to indemnify Us, and/or any of Our affiliates and Our and their officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these terms and conditions by You or any other liabilities arising out of Your use of the Website.
We reserve the right immediately to terminate Your use of the Website if You breach or We have reasonable grounds to believe that You are likely to breach these terms and conditions or You otherwise engage in conduct which We determine in Our sole discretion to be unacceptable.
10.1 Invalidity etc
If any court or regulator decides that any provision of these terms and conditions is invalid or otherwise unenforceable, such provisions shall be severed and deleted from these terms and conditions and the remainder of these terms and conditions shall continue to have full force and effect.
10.2 Governing Law
These terms and conditions and the Website are governed by English law. Disputes can be dealt with by the English courts.
10.3 Choice Of Law:
These Terms and Conditions shall be governed by English law and you hereby irrevocably submit to the exclusive jurisdiction of the English courts. Nothing in this clause shall limit our right to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in one or more jurisdictions preclude the taking of proceedings in any other jurisdiction or jurisdictions, whether concurrently or not, to the extent permitted by law of such other jurisdiction and jurisdictions.
10.4 You may not assign, sub-license or otherwise transfer any of your rights under these Terms. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
Advertising and Sponsorship:
Your correspondence with, or participation in promotions of, advertisers or merchants found on AV Talk, including payment for and delivery of related goods, services and any other terms, conditions, warranties or representations, associated with such dealings, are solely between you and such advertiser or merchant. You agree not to hold us liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or merchants on AV Talk.
Each registration is for a single user only. On registration, you will be create and be assigned a user name and password. You must keep them confidential. You must not share your user name and password with another, neither shall your user name and password be used to allow multiple access on a network.
You are responsible for all use of the Site made by you or anyone else using your user name and password and you are responsible for preventing unauthorized use of your user name and password. If you believe there has been any breach of security, such as the disclosure, theft or unauthorized use of your user name and password or any payment information, you must notify AV Talk immediately by emailing firstname.lastname@example.org
AVtalk shall have no liability for an event of Force Majeure, that is an event or set of circumstances that is or are outside the reasonable control of AVtalk.
By entering Your User Information, You accept that we may retain Your User Information and that it may be held by Us or any third party company which processes it on Our behalf.
We reserve the right to perform statistical analyses of User’s behaviour and characteristics in order to measure interest in, and use of, the various areas of the Site and, in addition, to inform advertisers of such information as well as the number of Users that have been exposed to or who have clicked on their advertising banners. We will provide only aggregated data from these analyses to third parties.
We shall be entitled to use Your User Information in order to send You information about Us and Our affiliates, associated companies and organisations, for the following purposes including, but not limited to:
(1) promotional and/or marketing material about products, services and offers;
(2) market research or compliance;
(3) transfers to third parties as required; and
(4) any requirements imposed by operational law
Amendments & Additions