Online Community Terms Of Use

IMPORTANT LEGAL NOTICE

ATTENTION: This legal notice applies to the entire contents of the Online Community and to any correspondence by e-mail between the Company and you. Please read these terms carefully before using the Online Community.

Using the Online Community indicates that you accept this legal notice in full regardless of whether or not you choose to register with the Company. If you do not accept these terms, do not use the Online Community.

This notice is issued by BLACKSTAR AMPLIFICATION LIMITED.

1. Definitions

The following words and expressions have the following meanings unless inconsistent with the context:

"Commercial Gain" includes, without limitation, using the Online Community as part of advertising which may result in revenue generation or personal gain, selling goods to a third party and copying, reproducing, distributing, publishing, transferring, licensing, selling, commercially exploiting or duplicating any element of the Online Community whatsoever;
"Company" Blackstar Amplification Limited a company registered in England and Wales with company number 05187927 whose registered office is at Beckett House, 14 Billing Road, Northampton, Northants NN1 5AW and who may be contacted on insider@blackstaramps.com;
"Blackstar INSIDER Software" software licenced to you by the Company which enables access to the Online Community;
"Online Community" part of the Blackstar INSIDER Software which enables you to upload patches and download other users' patches for more deep editing options with your amps; and
"you", "your" an individual, company or firm accessing the Online Community.

2. Introduction

2.1 - You may only access the Online Community by registering your details with us. You will be required to choose a username and password to register. You must treat your username and password as confidential and must not disclose it to any third party. We have the right to disable any username or password at any time, if in our opinion you have failed to comply with any of the provisions of this legal notice.

2.2 - By accessing any part of the Online Community, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Online Community immediately.

2.3 - The Company may revise this legal notice at any time by updating this posting. You should check the Online Community from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages of the Online Community.

2.4 - Unless specified otherwise, the materials on the Online Community are directed solely at those who access the Online Community from within the United Kingdom. The Company makes no representation that any services referred to on the Online Community are appropriate for use, or available, in other locations. Those who choose to access the Online Community from other locations are responsible for ensuring compliance with local laws if and to the extent that they are applicable.

3. License

3.1 - Subject to Condition 3.5, you are permitted to print and download extracts from the Online Community for your own personal use on the following basis:

3.1.1 - no documents or related graphics on the Online Community are modified in any way;

3.1.2 - no graphics on the Online Community are used separately from accompanying text; and

3.1.3 - the Company's copyright, trade mark notices (or its licensors') and this permission notice appear in all copies.

3.2 - Unless otherwise stated, the copyright and other intellectual property rights in all material on the Online Community (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from the Online Community other than in accordance with Condition 3.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the Online Community will automatically terminate and you must immediately destroy any downloaded or printed extracts from the Online Community.

3.3 - Subject to Condition 3.1, no part of the Online Community may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company's prior written permission.

3.4 - Any rights not expressly granted in this legal notice are reserved.

3.5 - You must not visit or use the Online Community for the purposes of Commercial Gain.

4. Service Access

4.1 - Whilst the Company endeavours to ensure that the Online Community is normally available 24 hours a day, the Company shall not be liable if for any reason the Online Community is unavailable at any time or for any period.

4.2 - Access to the Online Community may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company's control.

5. Visitor Material and Conduct

5.1 - Other than personally identifiable information, which is covered under the Privacy Policy, any material or articles, including but not limited to patches, you transmit or post to the Online Community shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material. The Company, its designees and users of the Online Community shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

5.2 - You are prohibited from uploading, posting or transmitting to or from the Online Community any material:

5.2.1 - that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or

5.2.2 - for which you have not obtained all necessary licences and/or approvals; or

5.2.3 - which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law or infringe the rights of any third party, in the United Kingdom or any other country in the world; or

5.2.4 - which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

5.3 - You agree to indemnify the Company against any loss or damage suffered as a result of your contribution.

5.4 - You may not misuse the Online Community (including, without limitation, by hacking).

5.5 - The Online Community contains robot exclusion headers. Third parties may license information on the Online Community to the Company. You agree that you will not use any robot, spider, scraper or other automated means to access the Online Community for any purpose without the Company's express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in the Company's sole discretion an unreasonable or disproportionately large load on the Company's infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your information) from the Online Community without the prior written permission of the Company and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Online Community or any activities conducted on the Online Community; or (iv) bypass the Company's robot exclusion headers or other measures the Company may use to prevent or restrict access to the Online Community. The Company does not authorise you to extract or re-utilise substantial parts of the Online Community, or to make systematic and repeated extractions or re-utilisations of insubstantial parts of the Online Community.

5.6 - The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of Conditions 5.2, 5.4, and 5.5.

5.7 - We have the right to remove any contribution you make on the Online Community if, in our opinion such material does not comply with this legal notice or where in our reasonable opinion we choose to do so to safeguard the commercial interests of the Company.

6. Links to and from other Websites

6.1 - Any links to third party websites on the Online Community are provided solely for your convenience. If you use any links, you leave the Online Community. The Company may not have reviewed any such third party websites and will not control or be responsible for such websites or their content or availability. The Company therefore does not endorse or make any representations about any links provided to third party websites, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites which may be linked to the Online Community, you do so entirely at your own risk.

7. Information contained on the Online Community

7.1 - While the Company endeavours to ensure that the information on the Online Community is correct, the Company does not warrant the accuracy and completeness of the material on the Online Community. The Company may make changes to the material on the Online Community or described in it, at any time without notice. The material on this Site may be out of date, and the Company makes no commitment to update such material.

7.2 - The material on the Online Community is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Online Community on the basis that the Company excludes all representations, warranties and conditions and other terms (including without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to the Online Community.

8. Liability

8.1 - The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Online Community) and any of the Company's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Online Community in any way or in connection with the use, inability to use or the results of use of the Online Community, [any websites linked to the Online Community or the material on such websites], including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Online Community or your downloading of any material, including but not limited to patches, from the Online Community [or any websites linked to the Online Community].

8.2 - Nothing in this legal notice shall exclude or limit the Company's liability for:

8.2.1 - death or personal injury caused by the Company's negligence; or

8.2.2 - fraudulent misrepresentation; or

8.2.3 - any liability which cannot be excluded or limited under applicable law, including without limitation all relevant consumer law.

8.3 If your use of material on the Online Community results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

9. Suspension and Termination

9.1 - The Company will determine, in our discretion, whether there has been a breach of this legal notice through the use of the Online Community. When a breach has occurred, we may take such action as we deem appropriate.

9.2 - Failure to comply with this legal notice constitutes a material breach and may result in our taking all or any of the following actions:

9.2.1 - immediate, temporary or permanent withdrawal of your right to use our Online Community;

9.2.2 - immediate, temporary or permanent removal of any posting or material uploaded by you to the Online Community;

9.2.3 - termination of your Blackstar INSIDER Software licence;

9.2.4 - issue of a warning to you;

9.2.5 - legal proceedings against you for reimbursement of all costs on an indemnity basis (including but not limited to, reasonable administrative and legal costs) resulting from the breach;

9.2.6 - further legal action against you;

9.2.7 - disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

9.3 - Subject to Condition 8.2, we exclude liability for action taken in response to breaches of this legal notice. The responses described in this legal notice are not limited, and we may take any other action we reasonably deem appropriate.

10. Governing Law and Jurisdiction

10.1 - This legal notice and any dispute or claim arising out of or in connection with it or its subject matter will be governed by and construed in accordance with the laws of England.

10.2 - The parties irrevocably agree that the courts of England will have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this legal notice or its subject matter.

The Online Community is operated by;

BLACKSTAR AMPLIFICATION LIMITED

Registered Company No.: 05187927

VAT No.: GB 878 8436 53

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