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Torture Garden Productions Ltd

TERMS AND CONDITIONS OF SERVICE
FOR USE OF THE TORTURE GARDEN WEBSITE

Torture Gardens Productions Ltd ("TG", "us", "we") provide this website and related online services (the "Site") to you subject to the following terms and conditions. You must read these terms and conditions before using this Site or any of the online services provided. By using the online services you agree to be bound by the terms and conditions set out below, which may be updated by us from time to time. In addition, when making purchases and using the TG Forum, you shall be subject to any further guidelines and rules applicable to such services which may be posted by us from time to time. All such guidelines and rules are hereby incorporated by reference into these terms. In the case of any inconsistency between any such guideline or rule and these terms, the guideline or rule shall prevail. If you do not wish to be bound by these terms and conditions, you may not use the online services.

 

1. Definitions
   

 

"Terms and Conditions" means this agreement; "Information" means all material delivered by us through the Site;
"Registration Form" means the form you must complete in order to receive newsletters, post on the Forum, make purchases online, and/or register on the Site for any other reason;
"Registration Information" means all personally identifiable information collected by us when a user registers on the Site ;
"Service" means the provision by us to you of access to the Information through this Site;
"we", "us", "our" means Torture Garden Productions Ltd, with registered offices at111 Cremer Business Centre, 37 Cremer St, London, E2 8HD, Registration number 4516358.
"Website" means the Site and any online service located at www.torturegarden.com
"you", "your" "yourself", means you, the Site end-user.

 

2. Registration, Security, Passwords
   

 

2.1 You must be at least 18 years of age to access this Site. This Site contains adult material which some people may find objectionable, and contains material which is adult oriented and/or sexually explicit . Access is made available only to those who accept these terms and conditions of use. You must leave this Site immediately and discontinue any use of this Site if you are under 18 years of age and/or if you do not agree to these terms.

 

2.2To sign up to receive newsletters and to access all areas of the Site, and complete the online registration process by clicking on the "Register" button and providing us with true, accurate, current and complete information about yourself (as prompted by the Registration Form). You will need to submit various details including your name and email address and choose a password and a nickname. You are entirely responsible for maintaining the confidentiality of your password and other account details. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to: (a) notify us immediately of any unauthorised use of your account or any other breach of security; and (b) exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph. If you provide any information that is untrue, inaccurate, or not current or complete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, or not current or complete, we have the right to suspend or terminate your access to those parts of the Site requiring registration. You acknowledge that we may establish general practices and limits concerning use of the Forum including without limitation the maximum number of days that message board postings or other uploaded content will be retained by the Site. You agree that we have no responsibility or liability for the deletion of or failure to store any messages and other communications or other content maintained or transmitted by the Service. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

 

3. Disclaimer of Warranties
   

 

The Site is provided on an "as is" and "as available" basis and we make no warranties or representations, whether express or implied, including but not limited to implied warranties or conditions of completeness, accuracy, satisfactory quality and/or fitness for a particular purpose. You acknowledge that:

4. Limitation of Liability
   

 

YOU AGREE THAT, EXCEPT FOR DEATH AND PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, WE SHALL NOT BE LIABLE IN CONTRACT, TORT, NEGLIGENCE, STATUTORY DUTY OR OTHERWISE, FOR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM OR IN ANY WAY CONNECTED WITH THESE TERMS AND CONDITIONS OR THE USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, DAMAGE FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS (EVEN WHERE WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE).

 

5. Rights Granted, Rights Reserved
   

 

5.1 We provide the Information to you solely for your personal, non-commercial purposes. The Information may not be used for any other purpose including without limitation, publication, reproduction or transmission without our express written permission, subject to which you may upload and/ or send material derived from the Information or other material to us. By uploading or sending any material to us, whilst you continue to retain ownership of such material and may continue to use the content outside the Site, you thereby grant to us an irrevocable, unconditional, world-wide, royalty free licence to use such material or any part of it in perpetuity in any and all media and in any manner we may determine in our sole discretion. Furthermore, you thereby waive all so-called moral rights or other similar rights in such material.

 

5.2 Subject to the licence granted to you to use the system, we reserve all rights, title and interest in its Intellectual Property Rights in the system. All copyright, trade marks and other intellectual property rights in this Site (including the design, arrangement and look and feel) shall remain at all times the property of TG. Any goodwill accruing from use of TG Productions Ltd and its trade marks, trade and business names and service marks under use of this Site will vest in TG Productions Ltd. In accessing the Site, you agree that you do so only for your own personal, non-commercial use. You may not, nor may you agree to permit or assist in any way any third party to, copy, reproduce, download, post, store (including in any other web site), distribute, transmit, broadcast, commercially exploit or modify in any way the material or content without TG's prior written permission.

 

5.3 You may not permit, create unauthorized framing of, or deep linking to, the Site or the creation of derivative works thereof from any other website under your management or control.

6. Forum Rules of Conduct
   

 

6.1 We provide the Forum to you solely for your personal, private use. You undertake not to use the Forum:

1. for any unlawful purpose
2. in any way so that the Forum or the Site is interrupted, damaged, rendered less efficient or the functionality of the Site is in any way impaired;
3. in any way that may damage or disrupt another user's computer;
4. for the transmission, uploading or posting of any computer viruses or any harmful or deleterious files or programs;
5. to transmit, upload or post any material which is defamatory, racist, or libelous
6. as a means to threaten, stalk, harass, abuse, or otherwise insult other users or to collect or store personal data about other users;
7. in a manner which constitutes a violation or infringement of any person, firm or company's rights (including, but not limited to, rights of copyright or confidentiality);
8. to create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message, including, but not limited to impersonating a TG employee or another user; or
9. to transmit, upload, post or otherwise make available any solicited or unauthorised advertising, promotional materials, "junkmail", "spam", "chain letters", "pyramid schemes" or any duplicative or unsolicited messages.
   

 

6.2 Notwithstanding the above, we do not control the content posted by you or other users of the Site and as such, do not guarantee the accuracy, integrity or quality of such content. By using the Service, you acknowledge that you may be exposed to content that is offensive or objectionable. Furthermore, whilst we make every effort to test and check Information and content on the Site for viruses, we recommend that you run anti-virus programs on any Information and/or content obtained via the Site. Under no circumstances will we be liable in any way for any content or any damage incurred as a result of you accessing any content posted or otherwise transmitted via the Service.

 

6.3 You acknowledge that we have the right (but not the obligation) to refuse access to or remove any content made available via the Site. As part of the Forum we provide you and other users an opportunity to submit, upload, post, display, transmit and/or exchange information, ideas, opinions, information, messages, transmissions and content with other users and/or with us and these are referred to as a "Post" or "Posting.". If a Posting originates from you or your Nickname (User ID), you hereby agree that:

 

1. you are placing the Posting in the public domain without reservation of any rights or further control over the Posting or its use and you specifically authorise TG to use such Posting in whole or in part, globally, and you are automatically granting TG a royalty-free, perpetual, irrevocable, unrestricted, unconditional, non-exclusive license to use, reproduce, modify, publish, edit, adapt, create derivative works from, translate, distribute, perform, display and otherwise exploit such Posting and all elements thereof alone or as part of other works in any form, media, or technology, whether now known or hereafter developed or discovered, and to license and sub-license such rights through multiple tiers of sub-licenses, all without any notification or obligation to you, of compensation, attribution or otherwise; and
2. You are the sole and exclusive creator, author and owner of your Posting, and your Posting does not violate the rights of any third parties.

 

7. Indemnification
   

 

You undertake that in the event that you have any right, claim or action against any other user arising from the use of the Site, you shall pursue such right, claim or action independently of, and without recourse to us. You will fully indemnify and defend us against all claims, liability, damages, costs and expenses, including legal fees, arising out of a breach of this Contract or any use of the Site, or the Information by you. You acknowledge that we have limited control over the nature and content of Information transmitted or received by you or others who use the Site and that we do not examine in any way the use to which you put the Site. You agree to fully indemnify us against any claims or legal proceedings arising in connection with your use of the Site which are brought or threatened against us by any other person or entity.

 

8. Suspension and Termination
   

 

We shall have the right to immediately terminate and/or suspend your access to the Site if you commit a breach of these terms and conditions.

 

9. Privacy Policy
   

 

Our Privacy Policy contains information on our treatment of the Registration Information and/or any other personal information relating to you that we collect in the course of providing this Site. Additionally, you may ask questions about privacy issues by sending an email to info@torturegarden.com

 

10. Complaints and Takedown
    

 

If you wish to make a complaint about the Website or if you think your intellectual property or other rights have been infringed on the Site, please contact us with full details by sending an email to info@torturegarden.com

 

11. Third party websites
    

 

This Site may contain links to other websites which are not controlled by us. These Terms and Conditions only apply to your use of this Site and TG shall not be responsible for any content on any other websites. Any link to any other website does not amount to an endorsement of that website, its content, or policies.

 

12. Changes to the Terms and Conditions
    

 

TG reserves the right to change these terms and conditions from time to time and your continued use of the Site following such change shall be deemed to be your acceptance of any such change. It is your responsibility to check this file regularly to determine whether these Terms and Conditions have been changed. If you do not agree to any change in the terms and conditions you must immediately stop using the Site.

 

13. Severability
    

 

Each provision of this Contract excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the termination of your access to the Site.

 

14. No Waiver
    

 

No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.

 

15. Jurisdiction
    

 

These Terms and Conditions shall be governed by English law and the parties hereby irrecoverably submit to the exclusive jurisdiction of the English courts.