Terms and Conditions
TERMS OF WEBSITE USE
INFORMATION ABOUT US
www.sarahbrightman.com is owned by Sarah Brightman. Sarah Brightman is a limited liability company organized and existing under the laws of Delaware. Sarah Brightman has its headquarters and its main trading address at Simon, Muirhead & Burton, 8-9 Frith Street, W1D 3JB - London, United Kingdom.
References to we or us in this policy refer to Sarah Brightman.
ACCESSING OUR SITE
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
When using our site, you must comply with the provisions of our acceptable use policy (please see the section headed Acceptable Use Policy below).
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
OUR SITE CHANGES REGULARLY
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
· all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
· any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including:
· loss of income or revenue;
· loss of business;
· loss of profits or contracts;
· loss of anticipated savings;
· loss of data;
· loss of goodwill;
· wasted management or office time; and
whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
UPLOADING MATERIAL TO OUR SITE
Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy (please see the section headed Acceptable Use Policy below). You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy (please see the section headed Acceptable Use Policy below).
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy (please see the section headed Acceptable Use Policy below).
If you wish to make any use of material on our site other than that set out above, please address your request to firstname.lastname@example.org.
LINKS FROM OUR SITE
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
JURISDICTION AND APPLICABLE LAW
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
If you have any concerns about material which appears on our site, please contact:-
Thank you for visiting our site.
ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you and us under which you may access the website www.sarahbrightman.com (our site). This acceptable use policy applies to all users of, and visitors to, our site.
Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use (please see the section headed Terms Of Website Use above).
References to we or us in this policy refer to Sarah Brightman.
You may use our site only for lawful purposes. You may not use our site:
· in any way that breaches any applicable local, national or international law or regulation.
· in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
· for the purpose of harming or attempting to harm minors in any way.
· to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (please see the section headed Content Standards below).
· to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
· to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use (please see the section headed Terms Of Website Use above). not to access without authority, interfere with, damage or disrupt:
any part of our site:
any part of our site.
any equipment or network on which our site is stored
any software used in the provision of our site; or
any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our site, including, without limitation: the online community of the official Sarah Brightman website
and other interactive features which are accessible to registered members of the website from time to time.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
CHILDREN UNDER THE AGE OF 13 ARE NOT ALLOWED TO REGISTER AS MEMBERS OF THE FAN AREA. In accordance with the provisions of the Children's Online Privacy Protection Act (COPPA), we will not knowingly collect personally-identifiable information from children under the age of 13. Children of all ages are still welcome to enjoy the features of the publicly-accessible areas of the website subject to the consent of their parent or guardian. We recognize the importance of keeping children safe on the internet and encourage parents to monitor and participate in their children's online activities. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
We strongly advise you against disclosing any personal information, whether such information is publicly posted on the website and/or any interactive services, or privately disclosed to online acquaintances via the website and/or any interactive services. Personal information includes, but is not limited to, names, city of residence, addresses, phone numbers, birthdays, photos, workplace details, and so on. You are also strongly cautioned against forming personal and/or intimate relationships with other users of the website.
If you choose to engage in any risky activities, despite the well-publicized potential presence of internet predators and identity thieves, you do so solely at your own risk. Under no circumstances will we be liable for any ensuing consequences, losses, damages, dangers and/or crimes.
We do not pre-screen or monitor all information or messages. As we have the right, but not the responsibility, to remove messages, you may inadvertently be exposed to content that is illegal, predatory, offensive, indecent or objectionable.
You acknowledge and agree that we neither endorse the messages and/or other communications of any users of the website, nor assume responsibility for any illegal, threatening, libellous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom, or any crime facilitated thereby.
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
be accurate (where they state facts).
be genuinely held (where they state opinions).
comply with applicable law in the USA and in any country from which they are posted.
Contributions must not:
contain any material which is defamatory of any person.
contain any material which is obscene, offensive, hateful or inflammatory. promote sexually explicit material. promote violence.
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. infringe any copyright, database right or trade mark of any other person.
be likely to deceive any person.
be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence. promote any illegal activity.
be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
be likely to harass, upset, embarrass, alarm or annoy any other person. be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
give the impression that they emanate from us, if this is not the case.
advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
SUSPENSION AND TERMINATION
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
immediate, temporary or permanent withdrawal of your right to use our site.
immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
issue of a warning to you.
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.
further legal action against you.
disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
CHANGES TO THE ACCEPTABLE USE POLICY
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
CONTACTING US ABOUT UNACCEPTABLE USE OF THE WEBSITE
To report any messages and/or other communications which violate these terms and conditions, please contact us via the following email address email@example.com accessible via the FAQ page, the link to which is located at the bottom of most pages of this website. Please cut and paste the relevant content into the email and specify the title of the topic and the offending member's username. We will review all complaints but action, if any, is at the sole discretion of the administrators and/or moderators.
References to we or us in this policy refer to Sarah Brightman.
We are committed to protecting and respecting your privacy.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is Sarah Brightman of Simon, Muirhead & Burton, 8-9 Frith Street, W1D 3JB - London, United Kingdom.
INFORMATION WE MAY COLLECT FROM YOU
We may collect and process the following data about you:
information that you provide by filling in forms on our www.sarahbrightman.com (our site). This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for information when you report a problem with our site. if you contact us, we may keep a record of that correspondence. we may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them. details of transactions you carry out through our site and of the fulfilment of your orders. details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise] and the resources that you access.
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
Cookies are small text files placed on your computer by us when you visit certain parts of the website and which reside on your computer's hard drive and often contains an anonymous unique identifier which is accessible only by the web site that placed it there, not any other sites.
Cookies helps us to provide you with a good experience when you browse our website and also allows us to improve our site. They also allows us to identify recurring visitors and to analyse their browsing habits within the website. Where e-commerce facilities are provided, cookies may be used to store details of your order.
We may set and access Cookies on your computer.
You may delete Cookies, however you may lose any information that enables you to access the website more quickly.
You can choose to enable or disable Cookies in your web browser. By default, your browser will accept Cookies, however this can be altered. For further details please consult the help menu in your browser. Disabling Cookies may prevent you from using the full range of services available on the website.
WHERE WE STORE YOUR PERSONAL DATA
The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services.
Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
TRANSACTIONS CONCLUDED THROUGH OUR SITE (http://store.sarahbrightman.com/index.php/help)
USES MADE OF THE INFORMATION
We and/or Sarah Brightman use information held about you in the following ways:
to ensure that content from our site is presented in the most effective manner for you and for your computer.
to provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
to carry out our obligations arising from any contracts entered into between you and us.
to allow you to participate in interactive features of our service, when you choose to do so.
to notify you about changes to our service.
We and/or Sarah Brightman may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post or telephone.
If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.
If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this.
If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data (the registration form).
We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in a particular geographical location). We and/or Sarah Brightman may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.
DISCLOSURE OF YOUR INFORMATION
We and/or Sarah Brightman may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may disclose your personal information to third parties:
in the event that we and/or Sarah Brightman sell or buy any business or assets, in which case we and/or Sarah Brightman may disclose your personal data to the prospective seller or buyer of such business or assets;
if we and/or Sarah Brightman or substantially all of their assets are acquired by a third party or third parties, in which case personal data held by it about its customers will be one of the transferred assets;
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at firstname.lastname@example.org.
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
ACCESS TO INFORMATION
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.