Website Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE (the "Site").
The Site at communityalbums.com is fully owned, controlled and operated by Sitting Duck Music & Media Ltd. By accessing and using this Site, you are hereby agreeing to be legally bound by the terms and conditions of Community Albums. If you do not agree with all of the following terms and conditions, please do not use this Site.
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions. For your information, this page was last updated on 23/09/09
OWNERSHIP OF INTELLECTUAL PROPERTY
All site software, design, text, images, photographs, illustrations, audio clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the "Material") are the property of Sitting Duck Music & Media Ltd and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.K and foreign copyright and trademark laws. With the exception of material within the collaboration zone you agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of Sitting Duck Music & Media Ltd. Use of Community Albums and/or its licensors' Material is only permitted with their express written permission. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material.
Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable laws.
In order to access some features of the Website or other Services, you will need to ‘login’ using your ‘username’ and ‘password’. It is important that you must keep your account password secure and confidential.
You must notify ‘Community Albums’ immediately of any breach of security or unauthorised use of your account that you become aware of.
You agree that you will be solely responsible for all activity that occurs under your account.
To the extent that portions of this Site provides users an opportunity to post, exchange, and/or upload information, ideas, options, content and materials (Submissions.), please be advised that the Submissions do not necessarily reflect the views of Sitting Duck Music & Media Ltd. In no event shall Sitting Duck Music & Media Ltd assume or have responsibility or liability for any Submissions or for any claims, damages or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to all Submissions you provide, and all information they contain, and that such Submissions shall not infringe any proprietary or other rights of third parties or contain any libelous, or otherwise unlawful information.
You hereby authorize Sitting Duck Music & Media Ltd to use, and authorize others to use, your Submissions, in whole or in part, to form your own Community Albums webpage.
Sitting Duck Music & Media Ltd does not allow Submissions which contain:
logos of any kind (except your School, Community, Organisation logo)
profanity or obscenities
personal attacks on individuals
slanderous, defamatory, obscene, pornographic, threatening and harassing comments
and/or any other material that Community Albums moderators deemed to be inappropriate for this Site
Although Sitting Duck Music & Media Ltd will monitor the content posted on this Site, we cannot be responsible for the Submissions posted on this Site. Nonetheless, Sitting Duck Music & Media Ltd will make every effort to ensure that the Site best serves the interests of all users, and therefore, Sitting Duck Music & Media Ltd reserves the right to refuse to post, edit, or delete material that violates the above referenced rules of participation.
Sitting Duck Music & Media Ltd provides Rules of Participation for certain activities on this Site. This Agreement is incorporated by reference to the specific Rules of Participation which appear in connection with information about a particular activity. To the extent that any conflict exists between this Agreement and specific Rules of Participation, the Rules of Participation for the activity in which you choose to participate shall govern.
Where the site provides you with a translation of the English language version of the Terms, then the translation is provided for your convenience only and you agree that the English language versions of the Terms will govern your relationship with Community Albums.
If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Community Albums is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SITTING DUCK MUSIC & MEDIA LTD, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY SITTING DUCK MUSIC & MEDIA LTD OR ANY THIRD PARTY.
THIRD PARTY HYPERLINKS
The appearance of external hyperlinks and/or postcards generated by third parties does not constitute endorsement by Sitting Duck Music & Media Ltd, its subsidiaries and affiliates of the opinions or views expressed by these third party websites and Sitting Duck Music & Media Ltd does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at these sites. Furthermore, Sitting Duck Music & Media Ltd is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither Sitting Duck Music & Media Ltd nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, Sitting Duck Music & Media Ltd will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites.
You agree to indemnify, defend and hold harmless, Sitting Duck Music & Media Ltd, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of this agreement by you. Sitting Duck Music & Media Ltd reserves the right to assume, at its sole expense, the exclusive defence and control of any matter subject to indemnification by you, in which event you will fully cooperate with Sitting Duck Music & Media Ltd in asserting any available defences.
PRIVACY OF USERS
Unless otherwise specified, the materials in the Community Albums web site is presented solely for the purpose of entertainment, communication and education.
This site is controlled and operated by Sitting Duck Music & Media Ltd. Sitting Duck Music & Media Ltd makes no representation that materials in Community Albums web site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This Agreement shall be governed by and construed in accordance with English Law and the parties hereto submit to the jurisdiction of the High Court of Justices in England. Notwithstanding this, you agree that Sitting Duck Music and Media Ltd shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.