It is your responsibility to read these Terms and Condition before using the The Filter website ("Website"). By using the Website you signify your consent and agreement to these Terms and Conditions.
Please check these Terms and Conditions periodically for any changes. The continued use of the Website following the posting of changes to these Terms and Conditions will mean that you accept such changes.
The Website is owned by Exabre Limited. The content and service provided on the Website including graphics, code, text products, software, audio, music and design is owned or licensed by Exabre Ltd. Certain third party copyright materials and works are included on the Website including those works or materials belonging to licensors of Exabre Ltd. You agree that the tracks, musical works, compositions and other materials ("Exabre Ltd Materials") are protected by international intellectual property law.
AMG reserves all rights in the AMG Services, including all ownership rights. To the extent that the End User provides any information or original works of authorship to be added to AMG Databases, you represent and warrant that you are the sole author of such work(s) and further hereby assign to AMG all rights of copyright therein, including the right to register the copyright in such work(s) as part of the AMG Database.all rights in the AMG Services, including all ownership rights.
You are granted a limited, personal, non-exclusive, revocable, licence to use the Website and to receive, by stream, tracks and video clips made available through The Filter Website. You agree that you may not download, reproduce, modify, display, perform, transfer, distribute or otherwise use Exabre Ltd Materials, except as provided under these Terms and Conditions, and you agree to take all reasonable steps to prevent the unauthorised use of Exabre Ltd Materials.
No material from The Filter website may be modified, copied, reproduced, re-published, uploaded, posted, broadcasted, publicly performed, transmitted, re-transmitted or distributed in any way. Any such use is strictly prohibited and will constitute an infringement of the copyright and other intellectual property rights of Exabre Ltd or in the case of material licensed to Exabre Ltd the owner of such materials. You agree not to delete, change or modify in any way the copyright notices or trade marks contained on the Website.
For the avoidance of doubt you will not obtain any ownership interest in Exabre Ltd Materials, The Filter Service or any other materials contained on the Website, whether through these Terms and Conditions or otherwise. You agree that your use of The Filter service is for your own personal use and must not be used for any commercial purpose.
You agree not to place any libellous, defamatory, illegal or offensive material on the Website.
Exabre Ltd uses reasonable endeavours to monitor the Website but cannot be held responsible for the accuracy or reliability of any statement, opinion, or advice made on the Website or for any libellous, defamatory, illegal or offensive conduct by any customer. You agree to Exabre Ltd of any such conduct which comes to your notice. You agree that Exabre Ltd including any appointed personnel may at any time without notice:
We do our best to ensure that information on the site is correct but in no circumstance do we accept any liability whatsoever for error or omission.
You agree to indemnify, defend and hold harmless Exabre Ltd (including its successors, subsidiaries, agents, affiliates, partners and licensors) against all claims, damages, costs or other expenses which arise directly or indirectly out of or from your unauthorised use of the Website, Exabre Ltd Materials, The Filter Service and any other materials contained on the Website.
Your right to use the Website will be suspended or terminated immediately without notice by Exabre Ltd if in its sole discretion you fail to comply with any term or provision of these Terms and Conditions. On termination you must destroy all materials and associated documentation obtained from the Website and all copies of such materials.
There will be occasions when the Website will be interrupted whether for maintenance, upgrades and emergency repairs or otherwise and you agree that Exabre Ltd shall not be liable to you or any third party for any modification, suspension or discontinuance of the Website. Exabre Ltd is not responsible for any disruption whatever inherent in the operation of the Internet and World Wide Web including viruses or otherwise.
These Terms and Conditions (as revised from time to time) and associated information contained on the Website contain the full and complete understanding between the parties and supersede all prior arrangements and understandings whether written or oral appertaining to the subject matter of these Terms and Conditions. Exabre Ltd reserves the right to amend and/or vary these Terms and Conditions from time to time in its entire discretion.
These Terms and Conditions and all representations, obligations, undertakings and warranties contained in it shall ensure for the benefit of any successor and assignees of Exabre Ltd.
We take your privacy very seriously and collection and use of personal information is governed by our Privacy Policy. For full details of how we intend to use your personal data, our Privacy Policy in full follows these Terms and conditions.
At Exabre Ltd, we aim to respect the intellectual property rights of others. If you believe that your work has been copied by Exabre Ltd in a way that constitutes infringement of your intellectual property, please provide our copyright agent with the following written information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the work that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to enable Exabre Ltd to locate the material; (d)your full name, email address, postal address and a telephone number on which you can be contacted; (e) a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the work or right that is allegedly infringed.
Exabre Ltd’s agent for notice of claims of copyright infringement on or regarding the Website can be reached as follows:
By mail: Attn: Copyright Agent The Filter (Exabre Ltd)
17 Gay Street
Bath, BA1 2PH.
By email: infringementcomplaint [at] thefilter.com
If you are unsure about your rights in respect of material, or whether there has been an infringement of your rights, we suggest you take legal advice.
If you have a complaint concerning any video content provided by a third party on the Website, or if you believe that your work is available on the player in a way that constitutes copyright infringement, please contact the relevant supplier (youtube, veoh, digg and break) in accordance with their own copyright policy at:
http://www.youtube.com/t/terms
http://www.veoh.com/static/corporate/copyright.html
http://digg.com/tos
http://info.break.com/static/live/v1/pages/terms.html
The Website contains content that is provided for your convenience and enjoyment. Third parties provide some of the content on the Website. You should be aware that content on the Website might contain errors, omissions, inaccuracies, outdated information, and inadequacies and that the content may be subject to terms and conditions which may be found on the Website or in the documents and policies of third parties. Exabre Ltd makes no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any content on the Website and will not be liable for any lack of the foregoing.
In addition, third party advertisers may offer goods, services and other materials to you on the Website. Your correspondence and business dealings with others found on or through the Website including, without limitation, the payment and delivery of products and services, the delivery of videos, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the relevant advertiser. You agree that Exabre Ltd will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such products, services, and other content on the Website. Under certain circumstances, we may permit third party users to upload content, in which event you may be exposed to offensive, indecent or objectionable content.
Descriptions of, or references to, products, services or publications within the Web Sites do not imply endorsement of that product, service or publication.
10. The Filter plug-in license agreement and warranty
Please read this software license agreement carefully before installing the software. By installing the software you acknowledge that you have read this agreement, understand it and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between AMG, Exabre Ltd and the end user and supersedes any proposal or prior agreement. You further agree that if either AMG or Exabre Limited is required to engage in any proceeding, legal or otherwise, to enforce its rights under this agreement, AMG and Exabre Ltd shall be entitled to recover from licensee, in addition to any other sums due, reasonable attorney fees, costs and disbursements.
This license permits you to:
Install and use one copy of this software on one computer system at a time. The rights granted herein are limited to Exabre's intellectual property rights in The Filter Software and do not include any other patents or intellectual property rights.
Use and access information from proprietary AMG databases, located on AMG servers. AMG grants you a limited, non-exclusive, non-transferable, and non-sub licensable right and license to access and use AMG Services only by means of the intended End User functions of this application. You agree to only use the AMG Services for your own personal non-commercial use.
You are not permitted to:
Make modifications to any portion of this software product.
1) Merge this software product or any portion of it into another program or product.
2) Decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form.
3) Rent, lease, loan, distribute or create derivative works based in whole, or in part, upon the software.
4) Copy the software, except as an essential step in its use in conjunction with a computer as permitted above, or for backup or archival purposes.
5) Copy, transfer to third parties or exploit AMG Data and Services, except as expressly permitted herein; you may not remove any copyright, trademark, trade names, logos or other intellectual property notices in AMG Services.
Copyright
All intellectual property rights in the Product and Documentation are owned by Exabre Limited and are protected by United Kingdom copyright laws and international treaty provisions.
Exabre Limited retains all rights not expressly granted. AMG reserves all rights in the AMG Services, including all ownership rights. To the extent that the End User provides any information or original works of authorship to be added to AMG Databases, you represent and warrant that you are the sole author of such work(s) and further hereby assign to AMG all rights of copyright therein, including the right to register the copyright in such work(s) as part of the AMG Database.
Limited Warranty and Limitation of Liability
Exabre Limited warrants the media on which the software is furnished to be free of defects in materials and workmanship under normal use for a period of thirty (30) days from the date of shipment.
Users' exclusive remedy shall be the replacement of defective media that is returned to Exabre Limited. Exabre Limited does not warrant that the operation of the program will meet your requirements or that the operation of the software will be uninterrupted, be error free, or that defects in software will be corrected. The program is provided 'AS IS' without warranty of any kind. The entire risk as to the quality and performance of the program is with the user. If the program proves defective or inadequate, user assumes the entire cost of servicing or repair. No oral or written information or advice given by an Exabre Limited representative shall create a warranty or in any way increase the scope of this warranty.
The AMG services and components thereof are provided to you "as is". AMG makes no representations or warranties, express or implied regarding the accuracy of the AMG services including and without limitation the implied warranties of merchantability fitness for a particular purpose, title and non-infringement. AMG does not warrant, guarantee or make any representations regarding the correctness, accuracy, reliability or currentness of the results that will be obtained by your use of the AMG services. Exabre Limited makes no other warranty, either expressed or implied, with respect to this product.
Exabre Limited specifically disclaims the implied warranties of merchantability and fitness for a particular purpose.
The remedies provided herein are customer's sole and exclusive remedies. Under no circumstances (including negligence), shall Exabre Limited or AMG be liable for any lost profits, direct, indirect, special, incidental, or consequential damages, whether based on contract, tort, or any other legal theory, even if Exabre Limited or AMG has been advised of the possibility of such damages. In no event shall Exabre Limited's total liability for damages, losses and causes of action, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for the software.
Controlling Law
This license shall be governed by and construed in accordance with the laws of England.
Termination
This license, your right to use this software and right to access AMG Services shall automatically terminate if you fail to comply with any provision of this license and warranty agreement. If your license terminates, you agree to cease any and all use of the AMG Services immediately.
Complete Agreement
This License constitutes the entire agreement between the parties with respect to the use of The Filter Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Exabre Limited. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.
These Terms and Conditions and any contracts made under them shall be governed and construed in accordance with the laws of England and Wales whose courts shall be the non-exclusive courts of competent jurisdiction.
