General Terms and Conditions

1. This Website is owned and operated by Channel K Limited of 5th Floor, Fourways House, 57 Hilton Street, Manchester, M1 2EJ and 2 entertain Video Limited (together or individually “we/ us/ our”). By accessing the Website, you agree to be bound by the terms and conditions appearing in this document (“the Conditions”) and you accept our Privacy Policy.


2. Any personal data you transmit to us by electronic mail or otherwise will be used by us in accordance with our Privacy Policy and you accept our Privacy Policy which is available for viewing under the Privacy Policy Section below.


3. We may alter these Conditions at any time and your use of the whole/any part of the Website following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.


4. We reserve the right to modify or withdraw, temporarily or permanently, the whole/any part of Website with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website.


5. The Website is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.


6. You shall not use the Website for any illegal or immoral purposes, and you will use it in compliance with all applicable laws and regulations. You agree not to use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired. You further agree not to use the Website in a manner which will infringe the rights or restrict or inhibit the use and enjoyment of this Website by any third party. This includes, but is not limited to, transmission of content which is defamatory, obscene or offensive or which may harass cause distress or inconvenience to any person.


7. Any opinions expressed within the forum are solely those of the person posting the message and not those of wheretomate?, Channel K Limited or 2 entertain Video Limited.


8. You agree not to attempt any unauthorised access to any part or component of the Website; and you agree that in the event that you have any right, claim or action against any Website users arising out of that users use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.


9. You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses (including legal fees) suffered by us and arising out of any breach of these Conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your computer or internet access account.


10. We are not responsible for the availability of any external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.


11. We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).


12. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us.


13. You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use and you may download any digital recordings purchased hereunder and stream any clips provided on your personal computer or other similar personal device. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. We monitor the internet and P2P websites for breaches of our and our licensors copyright emanating from downloads originally purchased from the Website. If we detect that you have without our authority either personally or by way of assistance/facilitation of any third party, copied, reproduced, transmitted, published, displayed, distributed, commercially exploited or created derivative works of our or our licensors material and content then we have the right to inform any relevant authorities empowered to act upon such unauthorised activity and/or copyright owners whose copyright may have been breached for them to take such necessary action as may be required. This will mean that we will be entitled to pass on your contact details to them.


14. Any information, data or messages you supply, transmit or post onto the Website or via Ben or Rizwan’s mobile telephones will be non-confidential and shall belong absolutely to us. The information, transcription of the messages may be used by us and our authorised agents or licensees for any purpose including, but not limited to, reproduction, disclosure to third parties, broadcasting, transmission, storage as audio files, posting on this Website or other websites or otherwise at our absolute discretion (according to the principles of the Data Protection Act). You hereby assign to Channel K Limited and 2 entertain Video Limited (by way of present and future copyright) all rights of any nature in and to such material throughout the world including all renewals and reversions thereof.


15. You should assume that everything you see and read on the Website is copyrighted unless otherwise noted and may not be used except as provided by the Conditions. The Website is Copyright ©2007 Where to mate?. All rights reserved.


16. We are not responsible for any injury, loss, claim, damage, or any direct, incidental or consequential damages of any kind (including but not limited to lost profits, lost savings or revenue, or loss or corruption of data or information) which arises out of or is in any way connected with your use of the Website.


17. You must be at least 16 years of age to use this Website. This Website may include content that is unsuitable for anyone under the age of 16 and if you are under 16 you may only use the Website with the involvement of a parent or guardian. If you are a parent or guardian of someone under the age of 16 who is using this Website, you agree to these terms and conditions and our privacy policy and that you shall be responsible for the conduct and acts/or omissions of your children in using this Website as if these were your own. By registering with the Website you represent and warrant that you are at least 16 years of age and by making any purchase you represent that you are at least 18 years of age.


18. You expressly agree that your use of, or inability to use any services provided on the Website is at your sole risk. This Website and the information, names, images, pictures, products, services, and digital recordings provided via the Website are provided “AS IS” and on as “AS AVAILABLE” basis for your use, without warranties of any kind, either express or implied, including all implied warranties of satisfactory quality, merchantability, fitness for a particular purpose, title, non infringement, compatibility and security.


19. We do not represent or guarantee that any service provided via the Website will be free from loss, corruption, attack, viruses, interferences, hacking or other security intrusions and we disclaim any liability relating thereto. The information and other materials included on this Website may contain inaccuracies and typographical errors. We do not warrant the accuracy or completeness of the information and materials or the reliability of any statement or other information displayed or distributed through the Website. We reserve the right to correct any errors or omissions in any part of the Website and to make changes to the Website and to the materials, products, programmes, services or prices described in the Website at any time without notice. In no event will Channel K Limited and/or 2 entertain Video Limited be liable in contract, tort or otherwise for any loss or damage whatsoever including indirect or consequential damages or any damages whatsoever arising from use, loss of use, data or profits arising out of or in connection with use of this Website. These exclusions do not apply to death or personal injury.


20. Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer under English law where or in so far as such rights cannot be derogated from by contract.


21. If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.


22. These Conditions and the Privacy Policy referred to herein (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save in so far as the same has expressly been made a representation in these Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that your agreement contained in this clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Conditions.


23. These Conditions will be exclusively governed by and construed in accordance with the laws of England and Wales whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.


24. We make no representation that materials on this Website are appropriate or available for use at other locations outside of the United Kingdom and access to them from territories where their contents are illegal is prohibited. If you access this Website from a location outside of the United Kingdom, you are responsible for compliance with all local laws.



Terms relating to video and audio podcasts downloaded from the Website (“Downloads”) and content streamed from the Website via video-on-demand (“VOD Content”)



25. It is envisaged in the future that you will be able to purchase Downloads from the Website and make one copy available on one hard drive and one portable device. Your use of the Downloads and the VOD Content from the Website is conditional upon your prior acceptance of all Conditions referred to herein.


26. All sales are final. A sale is confirmed immediately when you begin to download or stream a clip or a programme from the Website and you will have no right to cancel your contract once the sale commences.


27. Currently acceptable methods of payment for purchasing the VOD Content, and when available, the Downloads from the Website are shown on the Website.
    

    Please note:

    Credit and debit cards have daily spending limits that may prevent the processing of your order. If a purchase has been declined online due to credit or debit card issues, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will not be able to use that card for your purchase and should use another payment card.


28. The price for the particular VOD Content or a particular Download will be the price displayed on the Website at the time of purchase. We reserve the right to change prices for VOD Content and/ or Downloads at any time and do not provide price protection or refunds in the event of a price drop or promotional offering.


29. We reserve the right to change options, products or services relating to VOD Content or Downloads from the Website without prior notice.


30. You shall be authorised, to the extent permitted by law, to view VOD Content purchased only for personal, non-commercial use, and not for redistribution, transfer, assignment or sub-licence. Any burning or exporting capabilities (if any) shall not constitute a grant or waiver of any rights of the copyright owners and the delivery of the VOD Content to you does not transfer to you any commercial or promotional use rights in the product.


31. Once available, you shall be authorised, to the extent permitted by law, to use and export Downloads purchased only for personal, non-commercial use, and not for redistribution, transfer, assignment or sub-licence. Any exporting capabilities shall not constitute a grant or waiver of any rights of the copyright owners and the delivery of a Download to you does not transfer to you any commercial or promotional use rights in the product.
    
    For assistance with billing questions or other enquiries please contact us at: info@wheretomate.co.uk