1.2 The ClikBeats site is operated by Clik.com Websites Limited (“ClikBeats”). We are registered in England and Wales under company number 4978170 and have our registered office at Elizabeth House, 6th Floor, 39 York Road, London SE1 7NQ.
2 Accessing The ClikBeats Site
2.1 Access to the ClikBeats site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the ClikBeats site without notice.
2.2 ClikBeats will take all reasonable endeavours to ensure that any materials you post on the ClikBeats site are available for others to view on the internet. However, due to the nature of the internet, we cannot guarantee uptime on the ClikBeats site.
2.3 ClikBeats will not be liable if for any reason the ClikBeats site is unavailable at any time or for any downtime of the ClikBeats site.
3 Service To Registered Members
3.2 As a registered member, you are responsible for ensuring that ClikBeats has current and up to date details relating to your contact addresses and your registered account, and that your email system is configured so as to allow ClikBeats emails and notifications to be delivered to your inbox.
3.3 ClikBeats shall not be liable for any loss, damage, cost or expense suffered by you as a result of any unauthorised use of your user identification code or password, or for any unauthorised access to any password protected part of the ClikBeats site, or any other unauthorised access to your content held by ClikBeats.
4 Content Of Site
4.1 You warrant and guarantee that each image, text, or other materials or content (“Content”) which you submit:
4.1.1 was created either by you or by other persons with their knowledge and approval;
4.1.2 does not infringe any other person's rights;
4.1.3 does not contain any material which is or is likely to be offensive, indecent, unlawful, obscene, sexually explicit, drug or criminal-related, defamatory, degrading or otherwise unacceptable content;
4.1.4 does not contain any falsehoods or representations that may damage ClikBeats, the person featured in the image or any third party;
4.1.5 does not constitute, encourage or display any bullying, violent, abusive, discriminatory or threatening behaviour or harassment of any person; and
4.1.6 does not, and is not likely to, give rise to civil or other liability.
4.2 You further undertake and warrant that you have the consent of every person featured in the Content to allow use of their image, likeness, name, voice (and all other related personal rights) on the ClikBeats site.
4.3 ClikBeats shall be entitled to remove or take down any Content which it believes is in breach of these terms at any time.
4.4 For the avoidance of doubt, ClikBeats shall not be liable for any third party infringement of the intellectual property rights in your Content. ClikBeats will not be responsible, or liable to any third party, for the content or accuracy of any Content posted by you or any other user of our site.
4.5 If you believe that any content shown on the ClikBeats site is offensive, illegal or unacceptable, or otherwise does not comply with these terms and conditions, you are encouraged to report this to ClikBeats by raising a support ticket. You agree that you will not abuse this facility.
5 Domain Name Management Service
5.1 ClikBeats currently offers registered users a service of purchasing domain names from third party service providers. Where you have signed up to such a service:
5.1.1 ClikBeats will use its reasonable endeavours to manage the purchasing and registration of such domain name(s) on your behalf;
5.1.2 You are responsible for providing ClikBeats and continuing to provide ClikBeats with up to date and accurate information as and when required by ClikBeats in order that ClikBeats can register and manage the domain name(s) on your behalf and service your account. ClikBeats shall not be liable for any failure by you to provide such information;
5.1.3 ClikBeats shall not be liable to purchase or renew any domain name(s) on your behalf unless it is in receipt of cleared funds in respect of such domain name(s) purchase or renewal prior to the date of purchase or renewal;
5.1.4 You are responsible for responding to any notices sent by or on behalf of ClikBeats or any domain name service provider relating to management of your domain name(s). ClikBeats will not be held liable for any failure by you to provide such information if it results in your domain name(s) lapsing;
5.1.5 At any time, ClikBeats may cease its service of managing domain name(s) upon written notice to the email address given by you on registration (as updated by you from time to time). In the event that ClikBeats ceases managing your domain name you will be supplied with your account password and user name in order to manage your own domain name registration and renewal with third party domain name providers;
5.1.6 Upon your request, ClikBeats are able to transfer domain names to a third party for the current fee published on the ClikBeats site, subject to you complying with the instructions sent to your registered account.
6 Viruses, Hacking And Other Offences
6.1 You must not misuse the ClikBeats site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the ClikBeats site, the server on which the ClikBeats site is stored or any server, computer or database connected to the ClikBeats site. You must not attack the ClikBeats site via a denial-of-service attack or a distributed denial-of service attack.
6.2 ClikBeats will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the ClikBeats site or to your downloading of any material posted on it, or on any website linked to it.
7.1 Except for personal injury or death caused by ClikBeats's negligence or for any other liability that may not be excluded by law, ClikBeats and its agents accept no liability for any loss or damage suffered by you in submitting, or from you or any third party's viewing, the Content, or any other materials on the ClikBeats site.
7.2 You hereby indemnify (and shall keep indemnified) and hold harmless ClikBeats, its directors, employees, agents and representatives against any claim, loss, expense, liability or damages suffered by ClikBeats resulting from the use of your Content or your breach of these terms and conditions.
7.3 The material displayed on the ClikBeats site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, ClikBeats hereby expressly excludes:
7.3.1 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
7.3.2 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the ClikBeats site or in connection with the use, inability to use, or results of the use of the ClikBeats site, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts; loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time, and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. This does not affect ClikBeats's liability for any liability which cannot be excluded or limited under applicable law.
8 Intellectual Property
8.1 All intellectual property rights in the ClikBeats site and in the ClikBeats trademarks and and brand names belong to ClikBeats or its licensors. All rights are reserved. No such content may be reproduced without ClikBeats's prior written permission.
9 Links From ClikBeats Site
9.1 Where the ClikBeats site contains links to other sites and resources provided by third parties, these links are provided for your information only. ClikBeats has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.
9.2 This especially applies to links to PayPal with whom Clik.com Websites Ltd has no formal relationship nor receives any commissions or payments from.
11 Jurisdiction And Governing Law
11.1 These terms and conditions are governed by English Law and any disputes arising in relation to these terms and condition shall be subject to the non-exclusive jurisdiction of the English courts.