Terms of Service

(1)   Introduction

These terms of service govern your use of this website – www.desiblitz.com. By using our website, you agree to these terms of service in full.   If you do not accept or do not agree with these terms of service or any part of these terms of service, you must not use our website.

(2)   Licence to use website

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website.  All these intellectual property rights are reserved, subject to the licence below.

Subject to the restrictions set out below and elsewhere in these terms of service, you may view, download for caching purposes only, and print pages from the website for your own personal use.

You are not permitted to:

(a)    republish material from this website in any format;

(b)    republish material from this website on another website in any format;

(c)    sell, rent or sub-license material from this website in any format;

(d)    show any material from this website in public in any format;

(e)    reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;

(f)    edit or otherwise alter any material on this website; or

(g)    redistribute any material from this website except for content explicitly made available for redistribution (such as content from our  ‘downloads’ section).

(3)   Acceptable use

You must not use our website:

(a)   in any manner that is illegal, unlawful, fraudulent or harmful, or in relation with any illegal, unlawful, fraudulent or harmful purpose or activity; or in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website;

(b)  to copy, store, transmit, host, send, use, publish or distribute any material which consists of or is affiliated to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software whatsoever;

(c)  without our prior written consent,  conduct any systematic or automated data collection activities including without limitation scraping, data mining, data extraction and data harvesting on or in relation to our website;

(d)  send or transmit unsolicited commercial communications;

(e)  for any objective, comment or feedback left related to your own marketing without our prior express written consent and agreement;

(f)  for  in-line links to images, videos or any other content on our website, thus, stealing or leeching bandwidth or server capacity.

(4)   Restricted access

Access to particular areas of our website is restricted. At our discretion we reserve the right to restrict access to areas of our website.

Should we provide you with a user ID and password to enable you access to restricted areas of our website or other content or services, you must ensure that your user ID and password is kept confidential.

At our discretion we may disable your user ID and password without notice or justification.

(5)   VIP Supporter subscriptions

The specific terms and conditions in this section apply to the VIP Supporter subscription for DESIblitz.com, hereafter known as the ‘subscription’.

For the subscription, VIP Supporters, hereafter known as ‘subscribers’, must agree or comply with the rest of the terms of services stipulated on this page and in addition, the following:

(a) each subscription is personal to the subscriber, is a non exclusive and non transferable from the date of of subscribing and payment.

(b) our privacy policy applies to your personal details supplied for the subscription, which includes your last name, first name and email.

(c) you are completely responsible for the accuracy of the information provided when completing a subscription.

(d) payment for your subscription shall be managed by our account managed by Paypal. We are not responsible or liable for any issues or errors that may occur due to Paypal not functioning correctly. YOu are required to address payment issues directly with Paypal unless otherwise advised. If you still do have questions, please contact us with details of your enquiry.

(e) the subscription is an annual recurring charge (unless a special offer applies of a longer period) and therefore, the same amount shall be deducted from the same account details provided when subscribing to support us initially via Paypal.

(f) refunds will not be applicable for the period you have subscribed your support e.g. a year. However, you may cancel your subscription to stop the recurring payment. If you have any difficulties with cancellation, please contact us.

(g) we reserve the right to change the price of the subscription but you shall be notified by email of any such changes.

(h) we reserve the right to change these terms and conditions for the subscription without any specific notice.

(i) you shall be notified by an email or newsletter of any changes which may impact or improve the valuableness of support.

(6)   User generated content

In these terms of service, “your user content” (for example feedback and comments), is to be interpreted without limitation as being material including text, images, audio material, video material and audio-visual material that you submit to our website, for whatever purpose.

You permit to us a global, irrevocable, non-exclusive, royalty-free licence to use, reproduce, publish, adapt, translate and distribute your user content in any existing or future media.  You also permit to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe upon any third party’s legal rights, and must not be capable of giving rise to a legal action whether against you or us or a third party under any applicable law in each case.

You are not permitted to submit any user content to the website that is or has ever been the subject of any threatened, pending or actual legal proceedings or other similar complaint.

We reserve the complete right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

Notwithstanding our rights under these terms of service in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

(7)   Warranties

Whilst we endeavour to ensure that the information on this website (excluding user content) is correct, we do not guarantee its correctness or completeness; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

We exclude all representations, warranties and conditions relating to this website and the use of this website including, without limitation, any warranties implied by law of a satisfactory quality, fitness for purpose and/or the use of reasonable care and skill.

(8)    Minimum Service Requirements

To view this website minimum requirements need to be met in terms of software you use to view the site correctly. These include but not limited to:

(a)    Browser – Google Chrome 10 or above (recommended), Fiirefox 3.0 or above, Internet Explorer 7 or above, Safrai S3 or above and Opera O9 or above.

(b)    Adobe Flash Player – V10.1 or above. Get it here : http://get.adobe.com/flashplayer/

(c)    Operating System – Microsoft Windows (XP, Vista, Windows 7), MacOs 10.5 or higher, Linux and Mobile Operating Systems e.g. Windows Mobile.

(9)   Limitation of liability

Nothing in these terms of service or elsewhere on our website shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under the appropriate law.

Subject to this, our liability to you in relation to the use of our website or under or in association with these terms of service, whether in contract, tort (including negligence) or otherwise, shall be limited as follows:

(a)    to the extent that the website and the information and services on the website are provided free-of-charge, we shall not be liable for any loss or damage of any nature;

(b)    we shall not be liable for any consequential, indirect or special loss or damage;

(c)    we shall not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, reputation, data, information or goodwill;

(d)    we shall not be liable for any loss or damage occurring out of any event or events that are beyond our reasonable control;

(e)    our maximum liability in relation to any event or series of related events shall be limited to £1.00.

(10)   Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses, including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers, incurred or suffered by us arising out of any breach by you of any condition of these terms of service.

(11)   Breaches of these terms of service

Without prejudice to our other rights under these terms of service, if you breach these terms of service in any way, we may take such action as we deem suitable to deal with the breach, including prohibiting you from accessing the website, removing comments, suspending your access to the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or taking court proceedings against you.

(12)   Variation

We may revise these terms of service on occasion.  Such revised terms of service shall apply to the use of our website from the date of the publication of the revised terms of service on our website.  To ensure you are familiar with the current version please check this page regularly.

(13)   Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

We do not permit you to transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of service

(14)   Severability

If a provision of these terms of service is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions shall continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part shall be deemed to be deleted, and the rest of the provision shall continue in effect.

(15)   Exclusion of third party rights

These terms of service are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party.  The exercise of our and your rights in connection to these terms of service is not to be subject to the consent of any third party whatsoever.

(16)   Entire agreement

These terms of service, together with our privacy policy and disclaimer, constitute the entire agreement between you and us in regard to your use of our website, and supersede all prior agreements in respect of your use of this website.

(17)   Law and jurisdiction

These terms of service will be governed by and construed in accordance with applicable English law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of England and Wales.

(18)   Our details

The full name of our organisation is DESIblitz.com.

You can contact us by email at info@desiblitz.com

You can contact us by telephone +44(0)7827 914593.

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