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Synister Music Events LTD & Mfor Festival (referred to herein collectively as "SMEL", "we" or "us")) are respectively authorised to sell tickets to events taking place at the Venues (each an "Event") as an agent on behalf of the promoter or organiser of the Event (the "Organiser").
1.1 In these Terms, certain words have specific meanings, as follows:
“SMEL” / “we” / “us” / “our”
means any or all of the following companies: Mfor.
means a music concert, sporting event or other live event taking place at any Venue.
means a person or entity organising an Event, which may be SMEL or may be another person such as a promoter, producer, artist, sporting team or record label.
means the multipurpose entertainment destination located at, Lydiard Park, Swindon, SN5 3PA and each of the Venues (as defined below);
means a ticket, electronic ticket, wristband or any other device giving the bearer the right to attend an Event.
means a person authorised by the Organiser to sell Tickets on behalf of that Organiser.
means Mfor (Lydiard Park) and/or any other area within or around in which Events take place.
means these terms and conditions.
“you” / “your”
means any person seeking admission to the Mfor or any Venue to attend an Event.
2.1 SMEL operates Mfor and the Venues, and SMEL is the authorised Ticket Agent.
2.2 Your admission to and conduct at Mfor, all Venues and at all Events is governed by these Venue Terms. By purchasing Tickets and/or entering or attempting to enter the Venue, you will be taken to have accepted these Venue Terms.
2.3 Some Organisers and/or Ticket Agents may have their own terms and conditions, which may apply to you when using your Tickets and attending an Event, in addition to these Venue Terms. If there is any inconsistency between these Venue Terms and the terms specified by Organisers and/or Ticket Agents, these Venue Terms will apply in priority to the others.
3.1 These Venue Terms may be amended from time to time, to reflect changes in the rules of admission, changes in health and safety and/or security procedures, changes to the arrangements in place between SMEL and relevant Ticket Agents, and/or changes in relevant laws and regulatory requirements.
3.2 Each visit to Mfor (including each Venue) will be subject to the Venue Terms in force at the time of the visit. It is your responsibility to check the Venue Terms before entering the venue, so that you are aware of any changes.
4.1 Your Ticket may be in the form of paper, mobile/bar code, email, wristband or chip technology or such other form that becomes available over time. Tickets cannot be cancelled or exchanged after purchase, other than in accordance with these Venue Terms and the terms of the Ticket Agent from which they are purchased.
4.2 The cost of your ticket also includes a booking fee of £5. This is non-refundable should the event not go ahead for any reason.
4.3 Only persons holding a valid Ticket will be admitted to Events at Mfor. You must keep your Ticket with you at all times during an Event.
4.4 Keep your Tickets safe. Your Ticket may be invalidated if any part of it is removed, altered or defaced. Removing the Ticket stub of a physical Ticket will invalidate the Ticket. Tickets cannot be duplicated if lost or stolen and neither SMEL nor any Organiser will be liable for any lost or stolen Tickets.
4.5 Ownership or possession of a Ticket does not confer any rights (by implication or otherwise) on you to use, alter, copy or otherwise deal with any of the symbols, trademarks, logos and/or intellectual property appearing on the Ticket or used in connection with the Event. Tickets may not be used for promotions, competitions, sweepstakes or for other commercial purposes without the prior written consent of SMEL and the Organiser.
5.1 Our authorised Ticket Agent is SMEL. In addition, the Organiser may have appointed its own authorised Ticket Agent(s) for the Event. If you are unsure as to whether or not a person offering Tickets for sale is an authorised ticket agent, please contact us. Please be aware that auction sites are not authorised ticket agents.
5.2 Tickets are typically sold by Ticket Agents on the basis that they are not transferable and must not be exchanged or resold except where a ticket exchange or resale facility authorised by us is offered. SMEL is the operator of the official ticket resale marketplace for Mfor (for the resale of Tickets which have been purchased validly).
5.3 Resale, or attempted resale or purchase of a Ticket other than via an authorised Ticket Agent, ticketing partner or official ticket resale partner of the relevant Venue or the Organiser are grounds for seizure or cancellation of such Ticket without refund or other compensation.
5.4 The number of Tickets purchased may be subject to a maximum, which will be notified to you by the Ticket Agent before you make your booking. We reserve the right to request the cancellation by the Ticket Agent of any Tickets we have reasonable cause to believe to have been bought in excess of this maximum number or otherwise in breach of these Venue Terms. Unless notified to you otherwise during the Ticket booking process, the Ticket limit for Events at Mfor is 6 Tickets per person, credit card and household.
5.5 Neither we nor any Organiser will be required to honour Tickets if we know or have reasonable grounds for believing that they have been purchased from unauthorised agents or other unauthorised sources including, without limitation, ticket touts, or duplicated. We will be entitled to refuse entry to any person holding such a Ticket, or to eject them from the Venue and/or the Event.
6.1 All children must have a Ticket in order to attend an Event.
6.2 For Events taking place at Mfor, where specified in the booking process, in relation to Events taking place at other parts of the Venue, (subject to any additional age restrictions that may apply to individual Events):
(a) children under 15 must be accompanied by an adult aged 18 or over; and
6.3 Events may be age restricted and it is the responsibility of the person who purchases the Tickets to check that s/he and persons on whose behalf s/he purchases the Tickets comply with such age restrictions before purchasing the Tickets. If you attend an Event where age restrictions apply and/or if you are claiming a concession, you must be able to provide photographic proof of identity and age or entitlement, as appropriate (e.g. student pass). We reserve the right to refuse entry, without refund, to any person who is unable to provide such photographic proof.
6.4 It is your responsibility to check the suitability of an Event for any children in your party regardless of official age restrictions, this includes considering the type of audience the Event is likely to attract and whether such an audience is a suitable environment for children in your party. Refunds will not be issued if any aspect of an Event, including the behaviour of other audience members, causes offence to you or any children on whose behalf you have purchased Tickets.
6.5 We do not recommend subjecting children to loud music over a sustained period of time. Hearing protection is advised for Events taking place at Mfor and is advisable for any other Events where loud music is involved. A concert environment is not suitable for very young children.
6.6 Except for shows specifically aimed at children, accompanying adults should be confident that children within their party will not cause disruption to other audience members. Any disruption may result in you and your children being removed from the Venue.
7.1 You must produce a valid Ticket to gain entry to Mfor and certain other Venues or areas within Mfor and upon request for inspection at any time in such areas. Failure to produce your Ticket when requested may result in you being required to leave Mfor or the relevant Venue.
7.2 Searching is a condition of entry to protect your safety and that of other visitors. We may conduct security searches of clothing, bags and other items, as determined by us in our reasonable discretion, including on entry and exit.
7.3 Prohibited Items: We reserve the right to prohibit within Mfor or individual Venues:
(a) items which are or may be illegal. Anyone found in possession of illegal or contraband goods may also be liable for prosecution;
(b) weapons, ammunition, explosives, horns, whistles, drums, fireworks, flagpoles, large umbrellas, pyrotechnics, smoke bombs, laser pens, bbq’s, scooters, mankini’s, parasols, drones, chairs & stools, flares, food hampers & cool bags or any other item which in our reasonable opinion, may cause danger or disruption to any Event or to other visitors (regardless of whether or not such item is illegal or is carried for specific purposes);
(c) items which artists performing at an Event or their management have asked us to prohibit or are otherwise prohibited pursuant to these Venue Terms.
You are not permitted to bring food and beverages into any Venue except as set out in section 10 below.
7.4 You are responsible for safeguarding your property when at The Mfor and SMEL will have no liability for property that is lost, stolen or damaged when at the venue. All items left with stewards before entry into the Venue are left at your own risk.
7.5 Animals, with the exception of assistance dogs, are not permitted in Mfor. Customers attending with assistance dogs are requested to contact SMEL or Mfor in advance for further information.
7.6 You may not be permitted into Mfor or any Venue, or may be ejected from it, and required to surrender any Tickets you hold, without refund, if you refuse to leave a Prohibited Item (see section 7.3) with our stewards or refuse to be searched or if, in our reasonable opinion, you or your behaviour or any item you are carrying:
(a) poses a health and safety risk;
(b) affects the enjoyment of other visitors;
(c) affects the running of the Event;
(d) may cause damage to or interfere with the property of SMEL or the Organisers;
(e) is in breach of these Venue Terms;
(f) is illegal;
(g) may lead to a breach of any licensing conditions applicable at the Venue; or
(h) is in breach of any rules and regulations exhibited on notices at the Venue, such as:
(i) entering any backstage or prohibited areas
(ii) standing in seats or in walkways
(iii) climbing on the building structure
(iv) throwing any objects or substances onto the stage or into the crowd or at another visitor
7.7 Should you experience any problems while in Mfor please contact the nearest steward so that every reasonable effort can be made to resolve the issue prior to, or during the Event you are attending as complaints are very difficult to resolve after the Event.
8.1 There is no re-admission once you have left a Venue except in limited circumstances at our sole discretion.
8.2 In relation to seated Events, other members of the audience may stand up during the Event which may block your view if you choose to remain seated or if they are taller than you. Refunds and compensation will not be offered if your view is restricted in this way.
8.3 Standing is not tiered and refunds or compensation will not be offered if your view is restricted as a result of the floor not being tiered.
8.4 There will be no admission to the Event before the designated opening times.
8.5 For some specific Events, and at the request of the artist, latecomers may not be admitted into the auditorium until a suitable break in the performance. If you expect that you will not be able to arrive at an Event on time please contact us by email before buying your Ticket as we will not refund Tickets if you miss all or part of an Event due to your late arrival.
8.6 The use of cameras, video and/or sound recording equipment is prohibited and such items may not be used within individual Venues except with our express written consent.
8.7 You are required to observe and comply with all rules and regulations shown on notices at Mfor and individual Venues and to comply with all instructions given to you by Venue stewards and staff at the Event.
8.8 All advertised times are approximate and subject to change. It is your responsibility to make appropriate arrangements to ensure that you arrive at the Venue in sufficient time in case the Event starts early and to ensure that you are able to stay until the close of the Event should you wish to if it overruns. No refunds will be payable and we will not be responsible for the cost of alternative travel arrangements or for any other loss you suffer (including loss of enjoyment) as a result of an Event not running to the precise advertised times.
8.9 CCTV and film cameras may be present at and around Mfor, this includes filming by the police or security staff carried out for the security of visitors, and filming and/or photography by Event Organisers. By purchasing a Ticket to an Event and/or attending Mfor you give your express consent to all such filming and to your actual or simulated likeness being included within any film, photograph, audio and/or audiovisual recording (“Footage”), all rights in which will be owned by us, the Organiser or the relevant third party. You also agree that any such Footage may be used by us or the Organiser in any and all media for any purpose at any time throughout the world, including (with the exception of CCTV or security Footage) for commercial purposes, such as merchandising or DVDs, without payment or compensation to you.
8.10 You must leave the Venue quietly in consideration for our neighbours. Any failure to do so may result in you being refused entry to, or permission to purchase Tickets to, future Events.
9.1 In case of emergency please follow instructions and directions from stewards, staff and/or other officials.
9.2 WARNING – prolonged exposure to loud noise may cause damage to your hearing. Flashing lights may be used during a performance.
9.3 If you have any specific access requirements, please contact us before purchasing Tickets, to ensure that we can accommodate your requirements. Accessible seating may not be available unless it is arranged in advance.
10.1 No food or beverages may be brought into Mfor (except in limited circumstances on proven medical grounds) and may be restricted or limited in relation to Events taking place at other Venues at our discretion. A variety of food and beverages will be available for purchase within the Venue.
10.2 Bottle tops will be removed from all bottles purchased from concourse outlets or bars inside Mfor to reduce the risk of them becoming rolling trip hazards, or used as missiles. Occasionally, drinks will be decanted into plastic cups.
10.3 When purchasing alcohol, if you appear to be under the age of 25, you may be asked for proof of age.
10.4 We reserve the right to refuse to serve you alcohol if, in our reasonable opinion, we believe that you are intoxicated or likely to become intoxicated if we serve you further alcoholic beverages.
11.1 Official merchandise is only available from outlets within Mfor. Please be wary of unofficial traders offering inferior goods for which we accept no responsibility.
11.2 You are not permitted to sell or offer for sale or distribute any items whilst at or in the environs of Mfor including, without limitation, merchandise, Tickets, food, beverages, cigarettes or smoking materials, newspapers or magazines.
11.3 You must not bring into Mfor or display or distribute (whether for free or with a charge) at an Event any sponsorship, promotional or marketing materials nor any leaflets, signage or other materials containing religious or political messaging.
12.1 SMEL or an Organiser may make alterations to Events which are not material in nature and no refunds will be available in respect of non-material alterations. A “material” change is a change to an Event which in the reasonable opinion of SMEL or the Organiser, makes the Event materially different to the Event which purchasers of the Ticket could reasonably expect. Changes to performance times, supporting acts and the use of understudies in a theatre performance will not be a material change. A material change is judged by reference to the nature and billing of each Event. Events which are festivals or themed events are judged by reference to the overall theme rather than the individual act scheduled to appear. This includes Events which have multiple artists and/or where the Event name does not include reference to any specific act. In these cases, no scheduled acts may be considered as headline acts, regardless of their relative fame or prominence in the billing.
12.2 In the event of a cancellation, postponement or material alteration of an Event you may be entitled to a refund in accordance with the terms and conditions or refund policy of the authorised Ticket Agent from whom you purchased your Ticket(s) and you must contact the Ticket Agent to request all refunds. Ticket Agents may not make a refund if you fail to follows the instructions provided within the timeframes notified in their terms and conditions.
12.3 It is your responsibility to check the website for the Venue, Event or Ticket Agent for news of any cancellation, postponement or alteration of the Event. Information on such matters will be made available on behalf of the Organiser as soon as reasonably practicable on the Venue website at www.mforfestival.co.uk and/or at the Venue. Customers are advised that the website cannot always be updated immediately and that circumstances giving rise to cancellation or alterations can sometimes arise immediately prior to an Event.
THIS SECTION IS IMPORTANT AS IT SETS OUT THE LIMITS OF OUR LIABILITY TO YOU. PLEASE READ IT CAREFULLY
13.1 If we breach our obligations to you under these Venue Terms or we are negligent and, as a result, you suffer any loss or damage in connection with your presence at the Venue, you may be entitled to claim that loss from us, but:
(a) we will only be liable for your loss or damage up to an amount equal to the face value of the Ticket purchased by you for the Event you are attending (if any); and
(b) we will not be liable to you for loss or expenses incurred in connection with your visit to Mfor, any Event, or its cancellation, such as the cost of any personal travel, accommodation or hospitality arrangements made in connection with any Event.
13.2 For the purposes of these Venue Terms, “Force Majeure” means any cause beyond SMEL’s or the Organiser’s control, including, without limitation, any act of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, national mourning, theft of essential equipment, malicious damage, strike, lock out, weather, national defence requirements or acts or regulations of national or local governments. Neither we nor the Organiser will be liable to you under these Venue Terms to the extent that the failure is cause by a Force Majeure event.
13.3 Notwithstanding paragraphs 13.1 and 13.2 above, nothing in these terms shall be construed as excluding or restricting our liability for death and/or personal injury caused by our negligence nor for any other form of liability that may not by law be limited.
14.1 To the fullest extent permissible in law, we shall be entitled to assign any and all of our rights and obligations under these Venue Terms, provided that your rights are not adversely affected.
14.2 If any provision of these Venue Terms is found to be invalid or unenforceable by a court, the invalid or unenforceable provision shall be severed or amended in such a manner as to render the rest of the provision(s) and remainder of these Venue Terms valid and enforceable.
14.3 If we delay or fail to enforce any of these Venue Terms it shall not mean that we have waived our right to do so.
14.4 All of these Venue Terms are governed by English Law and any disputes arising under them are subject to the non-exclusive jurisdiction of the English Courts.
Customers are requested to read carefully the terms and conditions of entry to, and use of, this car park and to follow the procedures recommended in those terms and conditions, which are for their benefit.
Should you wish to make a complaint, you are requested to follow the complaints procedure set out in condition no. 2 below, which will ensure that your complaint is brought promptly to the attention of the staff.
The staff have instructions to remove persons misbehaving themselves, but it is impossible to exclude undesirables altogether and the Company cannot therefore guarantee the security of your vehicle or its contents. Accordingly:
(a) the Company, its servants and agents will accept liability in respect of any loss, theft of or from, mis-delivery of, temporary failure to deliver, or damage to the vehicle only where the same is proved and to the extent that it is proved to be caused by the negligence, wilful act or default or breach of statutory duty of the Company, its servants or agents, or the dishonesty of its servants or agents, and
(b) the Company, its servants and agents will accept liability in respect of the death of, or personal injury sustained by, customers and others in the Car Park, only where the same is proved and to the extent that it is proved to be caused by the negligence, wilful default or breach of statutory duty of the Company, its servants or agents.
Should your vehicle suffer damage whilst in the Car Park, or should you lose the vehicle or any of your possessions from the vehicle whilst it is in the Car Park, you are requested:
(a) to immediately inform a member of our staff of the occurrence and also
(b) in cases of theft, immediately inform the Police and
(c) to notify your insurers promptly.
If you consider that you have a claim against the Company you must, within seventy-two hours of discovery of the loss or damage, give written notice containing full details of the occurrence to SMEL using the provided contact details.
Before submitting a claim to the Company, customers are requested to check Condition No. 1 and to satisfy themselves that the subject matter of their claim falls within the Company's area of responsibility.
Failure to comply with the above procedures may prejudice your position.
Unless requested by the Company or one of its employees or agents not to do so, please ensure that before you leave the Car Park:
(a) your vehicle is securely locked
(b) that all the windows of your vehicle are securely closed
(c) if your vehicle is fitted with an alarm, steering lock or similar device that it is engaged.
(a) Wherever possible please take your possessions with you when you leave your vehicle.
(b) If you have to leave possessions in your vehicle do not leave them on the seats where they are visible. Put them in the boot and lock it.
(c) Customers are reminded that their motor insurance policies may not cover possessions in the vehicle. It is possible to arrange separate insurance cover for possessions and customers are recommended to do so.
Should you damage another customer's vehicle, you are requested to report the matter immediately to a member of our staff and give him the registration numbers of both vehicles. Remember that your car may one day be damaged, so please treat such incidents with the same courtesy as you would hope to receive.
Please drive carefully in the Car Park and obey the directional signs.
(a) The ticket issued is available only for the vehicle in respect of which it is issued. A ticket, does not entitle the customer, unless otherwise specified, to any particular space in the Car Park or to priority over other customers.
(b) The company reserves the right to refuse to release any vehicle except on production of the parking ticket until it has made such enquiries as it considers reasonable. Failure to produce your ticket will therefore delay your departure.
(c) Customers who cannot produce their parking ticket on departure will be charged at the full daily rate unless prior arrangements have been agreed with customers or event organisers.
Tickets cannot be cancelled or exchanged after purchase unless the event is cancelled, rescheduled or subject to a material alteration, except where an applicable ticket exchange or resale facility is offered.
Every person who enters into a contract with the Company for the parking of a vehicle at the Car Park, whether by purchasing a ticket or otherwise, does so on behalf of himself and all other persons having any proprietary possessory or other financial or material interest in the vehicle and its contents.
(a) The Company reserves the right to move any vehicle within the Car Park by driving or otherwise, to such extent as the Company, its servants or agents may, in their discretion, think necessary to avoid obstruction, or for the more efficient arrangement of its parking facilities at the Car Park.
(b) The Company additionally reserves the right where the Car Park has to be closed either permanently or temporarily, in whole or in part, or has to be evacuated in cases of emergency, to remove any vehicle at any time to any other reasonably convenient Car Park within the control of the Company.
(c) To the extent that it may be necessary to do so in the exercise of the rights conferred upon the Company under this condition, the Company, its servants or agents shall have the right to drive or otherwise take the vehicle on the public highway.
Every vehicle in the Car Park is subject to a lien for all charges due or accruing due from the customer to the Company, and a general lien for all and any monies due from the customer to the Company, such liens to be in existence whenever the vehicle is in the Car Park, notwithstanding that it may from time to time have been removed from the Car Park. If the said lien is not satisfied by the payment, within 28 days of notice given by the Company of its intention to sell the vehicle in default of payment, the Company may sell the vehicle by auction or otherwise and the proceeds of sale may be applied in and towards satisfaction of all sums owing to the Company by the customer together with the expense of the sale, and in connection with such sale the Company shall be entitled to charge reasonable garage charges in respect of the period during which the vehicle is in the possession of the Company. Any balance of purchase price remaining after satisfaction of such sums shall be held by the Company on behalf of the registered owner of the vehicle. Notice of intention aforesaid shall be deemed to have been properly and sufficiently given by the sending of written notice by prepaid post, addressed to the registered owner at his last known address, whether or not the same is actually received.
(a) No vehicle shall be towed into the Car Park and no work on or cleaning of vehicles by customers or their agents shall be carried out in the Car Park.
(b) No activity in connection with the selling, hiring or other disposal of the vehicle shall be carried out in the Car Park.
(a) "the Company" shall mean SMEL or their agent, where the Car Park is managed or operated by a subsidiary company, include that subsidiary company.
(b) "vehicle" shall mean the vehicle which is received into the Car Park and shall include any mechanical device on wheels or tracks, its equipment and accessories.
No person has any authority to vary or alter these Terms and Conditions unless such variation is in writing under the hand of the Company's Secretary or a Director of the Company.
All of the content of our Site (which includes without limitation all graphics, text, images, photographs, illustrations, and the design, selection and arrangement thereof) is, unless specifically indicated otherwise, protected by copyright, trademark, and/or other proprietary intellectual property rights owned by or licensed to SMEL.
There are no charges for using our Site. However, we reserve the right to seek to charge in the future for additional services we may offer to provide to you but we will not do so without making clear to you what those charges are and what they relate to and giving you an opportunity to agree whether or not to take such services.
Our Site has been prepared solely for the purpose of providing information about SMEL and it does not constitute any financial or other advice and should not be used as a substitute for such advice. Subject to our legal obligations, we make no warranty or representation that access to our Site or the services offered on our Site will be uninterrupted, timely, secure, or error-free, nor do we make any warranty or representation that the content of our Site, or any information given through it, is accurate or reliable.
You acknowledge and agree that your use of any information on our Site is at your sole risk. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our Site (or any part thereof) with or without notice.
The contents of our Site are freely downloadable for browsing purposes only and may not be reproduced in whole or in part or otherwise made available without the prior written consent of SMEL. In addition, none of the material on our Site may be copied, altered in any way, or transmitted or distributed to any other party without the prior express written permission of SMEL.
You may not create links to our Site without the express prior written consent of SMEL. Linked websites, whether permitted or not, do not have any implied affiliation with our Site.
If you download any software from our Site, the software, including any images or files incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") is subject to a limited licence, the terms of which are set out in the separate software licence agreement made available to you at the time of the download SMEL and/or its suppliers (as the case may be) retain all right, title, interest and intellectual property rights in and to the Software. You may not distribute, sell, or transmit the Software and you are not permitted to alter, modify or adapt the Software, including but not limited to translating, decompiling, reverse engineering, disassembling, or creating derivative works of it.
- "Forum" or "Blog" means a message board, or email function offered as part of SMEL website. You must not post to, submit to, or publish on publicly accessible areas of our Site such as a Forum or blog, bulletin board or otherwise make available on our Site any content, or act in a way which, or which in our opinion:
- libels, defames, abuses, invades privacy, harasses or is obscene, racist, abusive, threatening or offensive, contains indecent language or images, or is otherwise illegal or contains unlawful content;
- advocates illegal activity or discusses illegal activities with the intent to commit them; infringes and/or violates any right of a third party or any law;
- advertises or sells to or solicits others;
- compromises the trade secrets or violates the copyright or other intellectual property rights of any third party. You agree to indemnify, defend and hold SMEL harmless from any claims, losses or liabilities;
- uses our Site or any Forum or blog for commercial purposes of any kind, political campaigning, chain letters, mass mailings, any unsolicited mass emailing (SPAM) or phishing;
- posts or distributes any software or other materials that contain a virus or other harmful component; or
- posts material or makes statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board.
- Notwithstanding the above right, SMEL does not monitor in real time any comments made or materials posted to any Forum or blog or otherwise communicated to any public area of our Site. SMEL is not responsible for the content or accuracy of any such information, and shall not be responsible for any action you take or decisions you make (including but not limited to any trading or investment decisions made) based on such information.
With respect to all content, information or materials that you communicate to us through our Site, or that you post to publicly accessible areas of our Site, including any Forum or blog ("Your Content"), you hereby grant (or warrant that the owner of such materials expressly grants) to us a perpetual, worldwide, royalty-free, irrevocable, nonexclusive licence (carrying the right to sublicense) to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate Your Content (in whole or in part) into any form, medium, or technology now known or later developed throughout the universe. In addition, you hereby waive your moral rights in Your Content.
You warrant that you have the right to so communicate, submit or post Your Content and that you have the right to grant to us the licence granted in the preceding paragraph, except where you have expressly indicated the contrary to us in writing.
You acknowledge that we have no obligation to retain any of Your Content on the publicly available areas of our Site for any minimum period or at all and that it is entirely in our discretion as to the length of time that Your Content or any of it will be retained on the website. We may also edit or modify Your Content at any time.
We may communicate with you electronically, either by email or by posting information on our Site. You agree not to treat such emails as unsolicited (SPAM). For contractual purposes, you agree to receive communications from us electronically and you consent that all agreements, notices and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing. This does not effect your statutory rights.
You are strictly prohibited from sending (or supporting the sending) of unsolicited bulk or single mail messages, or SPAM, from our website.
This website has been compiled in good faith by SMEL. However, SMEL disclaims all representations and warranties, including by way of example but not limitation, as to fitness for a particular purpose, to the fullest extent permitted by applicable laws. In addition, aeg does not represent or warrant that the contents of the site or any information and/or facilities on or accessible via this website are accurate, complete, adequate, suitable or current, nor makes any such warranty or representation in respect of any information carried on any website operated by a third party which may be accessed from the site, nor that the information on this or any third party website has in any way been verified by SMEL, nor that this website will be free of defects, including, but not limited to, viruses or other harmful elements. The user of this website assumes all costs arising as a result of the use of this website.
Our Site, and the information contained on it, is not directed at, or intended for distribution to or use by, any person or entity who is a citizen or resident of, or located in, any jurisdiction where such distribution, publication, availability or use would be contrary to applicable law or regulation or which would subject SMEL to any registration or licensing requirement within such jurisdiction.
SMEL will not be liable if the systems go off line or fail for any reason, or for any incompatibility of our Site with any of your equipment, software or telecommunications systems. SMEL will not be liable for any claims, penalties, losses, damages, costs or expenses arising from the use of or inability to use our Site or from any unauthorised access to or alteration of our Site.
If you are under 18, you must ask your parent or guardian before you email the website, ask SMEL to email anything to you, send in any information to SMEL, enter any contest or game that requires information about you or offer a prize, post any information on any bulletin board, enter any chat room; or buy anything online.
By submitting information, you are confirming that you are over the age of 18, or you have received the consent of your parent or guardian.
Subject to the foregoing and to the fullest extent permitted by applicable laws, neither SMEL nor any of its directors, employees, affiliates or other representatives will be liable to you for any loss or damages (whether direct or indirect and whether caused by negligence or otherwise) arising out of or in connection with the use of, or inability to use, the materials in and/or facilities or services offered through the site, including, but not limited to, indirect, special or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties (even if SMEL has been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable). In particular, we have no liability for any loss or damage arising out of or in connection with: your inability to use our site or any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus or communication line failure in relation to our site, nor any theft or destruction or unauthorized access to, alternation of, or use of any record, information or content, including your content.
You agree that we shall not be liable to you for any modification, suspension or discontinuance of our Site or any part of it.
You agree that we have no responsibility or liability for the deletion or failure to store any of Your Content nor for any errors in Your Content.
We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement on our Site that is not ours, including without limitation any such opinion, advice or statement included in any Forum or blog or on any bulletin board provided on our Site. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the content on our Site, whether such content was provided by us or any third party. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through our Site.
Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
If this clause is unenforceable in whole or in part, then in no event shall the total liability to you of SMEL or any of its directors, employees, affiliates or other representatives for all damages, losses, and claims (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing the site.
The Site contains links to other Internet sites on the World Wide Web, which lead you out of our Site. We provide such links for your convenience and information only. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any SMEL website or for any third-party content on our sites.
You acknowledge and agree that SMEL:
- is not responsible for the availability of any external websites or resources linked to our Site;
- is not responsible for the content on any other websites or pages linked from our Site;
- does not endorse and is not responsible or liable for any merchandise, content, advertising, or other material on or available from such websites or resources;
- makes no representation or warranty as to the accuracy, legality, reliability or validity of any content on any other such site; and
- makes no representation or warranty that such sites will safeguard the security of your information (including, without limitation, credit card and other personal information) or be free of viruses or other harmful elements. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content or services available on or through any third party site or resource. You hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.