Terms and Conditions

Website terms and conditions

These terms and conditions are the terms and conditions (‘Terms’) for using the BionicBong website (the ‘Site’). By accessing the Site, you agree to these Terms, whether or not you have read them in full. The contents of the Site are for general information purposes only.

Use of the Site

All the materials on (or available from) the Site, including articles, other content, data and information, graphics, photographs, videos, audio, video or image files, logos and pictures, the organization and layout of the Site and the underlying software (the ‘Materials’) are protected by intellectual property laws. Any unlawful or unauthorized use of any of the Materials may violate intellectual property laws.

All the Materials and any other intellectual property associated with the Site are the sole property of BionicBong or its licensors. Except as expressly provided in these Terms, you are not granted any express or implied rights to the Materials or other intellectual property associated with the Site.

Save as expressly set out in these Terms, you are authorized to view and download the Materials on the Site for personal non-commercial use only, provided that you shall not alter or remove any copyright, trade mark and other proprietary notices contained in the Materials and provided that you shall not copy, modify, alter, publish, broadcast, distribute, sell or transfer any of the Materials without the written permission of BionicBong.

You may not modify any of the Materials on the Site in any way or reproduce, create derivative works from, republish or distribute or otherwise use them for any public or commercial use without the express consent of BionicBong. You may link to the Site although not in a framed link or in such a way that would lead any visitor to your site to assume that BionicBong or it’s members is in any way associated with your website or endorses it. You will not use or access any service, information, application or software available on the Site in any way not expressly permitted by BionicBong nor will you mirror the Site.

Any Materials which are provided in the ‘Press’ section of the Site may be reproduced republished, distributed or otherwise used for any public or fair commercial use, provided that you shall not:

(i) use any of the Materials or any part of the Materials in any manner which BionicBong in its sole and absolute discretion considers defames any person or entity, is obscene or illegal, gives rise to any claim by any third party or could reasonably be expected to do so; and

(ii) use any of the Materials or any part of the Materials in any manner which BionicBong in its sole and absolute discretion considers disparages or tarnishes any of the Materials or any part of them or the reputation, image or intellectual property of BionicBong, its licensors, or any member of BionicBong’s authorship, or could reasonably be expected to do so.

When using any of the Materials which are provided in the ‘Press’ section of the Site or any part of such Materials you shall (i) not alter or remove any copyright, trade mark and other proprietary notices contained in such Materials and (ii) deal with the Materials and all parts thereof fairly and ensure that they are accompanied by a sufficient acknowledgement and, where so instructed in the ‘Press’ section of the Site, include an appropriate accreditation of the relevant artist or photographer in respect of the Materials used and any part thereof.

Upon a request by BionicBong you shall cease all and any use of the Materials which are or have been provided in the ‘Press’ section of the Site. You will not input or upload to the Site any information that is false or which contains viruses or other programs intended to damage or interfere with the Site or the business of BionicBong or any other member of the BionicBong’s readership or authorship.

Links on the Site

The Site may contain links to third party websites or third party materials. Unless expressly stated to the contrary, neither BionicBong nor any other member of the of the BionicBong’s readership or authorship makes any endorsement of or representation concerning any such linked websites or materials nor does BionicBong or any other of the BionicBong’s readership or authorship assume any liability in connection with any such websites or materials, the content, advertising, products or services available from such websites or any dealings you may have, or the consequences of such dealings, with the operators of those websites.

BionicBong expressly reserves the right to withdraw its consent at any time to a link which BionicBong believes is inappropriate.

Pop-ups

When using the Site, you may receive pop-up boxes. BionicBong may use these for a number of reasons such as competition entry forms and questionnaires to help it improve its service to you. Pop-up boxes from BionicBong will be clearly marked with a heading from BionicBong. You may also receive pop-up boxes from third parties, which may appear due to software which has been installed, deliberately or unwittingly, on your computer. BionicBong cannot control these pop-up boxes as they do not come from BionicBong. BionicBong does not endorse any website, product or service which appears in any of these pop-up boxes.

Cookies

The Site does not use “cookies” as at the date on which these terms and conditions were added to the Site. However, it may use cookies in the future. Cookies are a standard method of registering user preferences when people use websites, to help facilitate a better and more personalized experience. These preferences are stored on your computer’s hard disk drive. Cookies do not contain any personally identifying information but they would enable us to put in place personal settings and load your personal preferences which we hope would then improve your experience.

Interactive Services

If you choose to access any interactive services provided on this Site, including any chat-room, forum or other community area, you shall behave in a respectful way to other users. In accessing such interactive services and the rest of the Site, you agree:

(i) not to do anything which will or might damage, interfere with, disrupt access to, interrupt or impair the functionality of the Materials available on the Site;

(ii) to be entirely responsible for and keep secret any password used by you; you must change your password if you believe it is no longer secret;

(iii) not to post, distribute or otherwise upload any defamatory, offensive, infringing, obscene, indecent or otherwise unlawful or objectionable material or information or send any chain letters, junk mail, ‘spamming’ material or any other form of bulk communication;

(iv) not to threaten, harass, stalk, abuse, disrupt or otherwise violate the rights of others, including individuals’ privacy rights;

(v) not to make any unauthorized, false or fraudulent orders, bookings or requests for services;

(vi) not to obtain or attempt to obtain unauthorized access to the Site or any private or member account areas on the Site;

(vii) not to do, cause or permit anything to be done that may infringe, damage or interfere with any intellectual property rights of BionicBong, its licensors, any other member of the BionicBong’s readership or authorship or any third party;

(viii) not to do anything which is otherwise unlawful or which may cause any liability for BionicBong or any other member of the BionicBong’s readership or authorship.

Neither BionicBong nor any other member of the BionicBong’s readership or authorship shall bear any responsibility or liability whatsoever in respect of information or materials posted or submitted to, distributed through or otherwise uploaded on or through any interactive services on the Site. If you send to BionicBong or any other member of the BionicBong’s authorship or post any material or other information to the Site, you agree that BionicBong will not treat this information as confidential and will be permitted to keep and republish this information and re-use it as it sees fit provided that BionicBong shall comply with the Data Protection Act 1998 (as amended) and BionicBong’s Privacy Policy.

Breach of these Terms

If BionicBong considers that you have breached any of these Terms or have otherwise demonstrated inappropriate conduct when using the Site, your authorization to visit the Site will be terminated, suspended or restricted and any related subscriptions to additional services offered through the Site will be discontinued, any content or materials which you may have posted to the Site will be deleted and you must destroy any downloaded or printed Materials. BionicBong and each other member of the BionicBong’s authorship reserves its rights to pursue all remedies available to it under applicable law in respect of your breach of these Terms and/or inappropriate conduct.

If your conduct on or use of the Site causes BionicBong or any other member of the BionicBong’s readership or authorship loss, damage or other costs, you shall indemnify them in respect of such loss, damage and costs.

Warranties and liability for losses

The Materials and the Site are provided to you on an “AS IS” basis. Neither BionicBong nor any other member of the BionicBong’s readership or authorship warrants the accuracy or reliability of any of the Materials and they each expressly disclaim any implied warranties of title, description, accuracy, non-infringement, merchantability or fitness for a particular purpose. In the case of jurisdictions which restrict the scope of limitation clauses, this limitation shall be applied to the greatest extent permitted by local law. The information provided on the Site may be out of date, inaccurate and may be changed or updated without notice. Neither BionicBong nor any other member of the BionicBong’s authorship can accept any liability for any error or omission in information provided on the Site or any failure to update information on the Site. In accessing the Site you agree that, to the fullest extent permitted by applicable law, neither BionicBong nor any other member of BionicBong’s authorship will be liable for any losses whatsoever which may arise from your use of or reliance on the contents of the Site, any information, products or services obtained through or any contract entered into via the Site, the security of the Site, viruses which may infect your computer equipment or other property as a result of your use of the Site or any breach of security by hackers, whether such losses be direct losses, indirect losses, lost profits, damaged, lost or corrupted data or material, lost goodwill, loss of anticipated savings or revenue, consequential or any other losses, whether or not BionicBong or any other member of the BionicBong’s authorship is advised of the possibility of such losses. Much of the information on the Site is provided by third parties and neither BionicBong nor any other member of the BionicBong’s authorship accepts any liability whatsoever for that information.

Data protection and privacy

Any details which you provide to the Site from which you can be identified will be collected and processed in accordance with the Data Protection Act 1998 (as amended). You may access or rectify any details we maintain about you by contacting us at < ?php include(TEMPLATEPATH . "/includes/email_address.php"); ?>. If you have any questions about these terms and conditions or about this Site, you may contact us at the same email address. Further details of how we collect and process your personal data can be found in our Privacy Policy.

By registering with BionicBong you consent to BionicBong sending you information (electronically or otherwise) about BionicBong’s products and services provided that BionicBong does this in accordance with its privacy policy which can be found at www.bionicbong.com and these terms and conditions. If you do not wish to receive this then please notify BionicBong at < ?php include(TEMPLATEPATH . "/includes/email_address.php"); ?>.

General

To the fullest extent permitted by applicable law, BionicBong reserves the right to alter, change or adapt these Terms from time to time, without notice, other than posting such changes to the Site. Your use of the Site after such changes to these Terms constitutes your acceptance of such changes to these Terms.

If you enter a competition, further terms and conditions may apply and these will be made available to you at the time.

Should you have a complaint in relation to this Site, BionicBong recommends that you first contact BionicBong at the contact details set out above to see if BionicBong can resolve the issue.

BionicBong, the BionicBong logo and elements of it, including the BionicBong signature logo, are trademarks of BionicBong and are used under license.

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