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Terms and Conditions of Use...
These terms
and conditions apply when you use and/or register as a member
of this website (‘www.vocalprocess .co.uk’). This website is
offered to you by Vocal Process Limited. It promotes and
offers the products and services of Vocal Process Limited.
Please note that there are additional terms and conditions if
you are ordering products or services online (see section 1.3
and 1.4 below).
Please read
these terms and conditions carefully before using the website
and/or registering on the website as a member. If you do not
agree to these terms and conditions, then you SHOULD NOT use
this website and/nor register as a member.
Vocal Process
Limited provides access to and use of this website (‘vocalprocess.co.uk’)
subject to the following terms:
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1. |
Terms and
Conditions of Use |
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2. |
Description of
Use and Membership |
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3. |
Age of Consent |
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4. |
Passwords and
Username (Log in), Email and Security |
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5. |
Your
Warranties |
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6. |
License to Use |
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7. |
Termination of
Membership |
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8. |
Copyright,
Database Rights and Intellectual Property Rights |
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9. |
Copyright
Claims |
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10. |
Contributions
to the Website |
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11.
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Limitation of
Liability |
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12.
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Security and
Privacy |
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13. |
General |
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14. |
Complaints and
Feedback |
1. Terms
and Conditions of Use
1.1 By using
this website you agree to be legally bound by these terms and
conditions, which shall take effect immediately on your first
use of this website. If you do not agree to be legally bound
by all the following terms and conditions please do not access
and/or use this website.
1.2 We reserve
the right to change or update these terms and conditions from
time to time by posting changes online. Please review these
terms and conditions regularly to ensure you are aware of any
changes made by Vocal Process Limited. Your continued use of
this website after changes are posted means you agree to be
legally bound by these terms and conditions as updated and/or
amended.
1.3 If you are
ordering products through the website you are additionally
bound by the terms and conditions of sale. Please follow and
consult the Term and Conditions of Sale.
1.4 If you are
ordering services through the website you are additionally
bound by the terms and conditions for sale (courses). Please
follow and consult the Terms and Conditions of Sale for
Courses.
2.
Description of Use and Membership
2.1 As a user
you can take advantage of many services on the website for
free. However to access other areas of the website you are
required to register as a member. No payment is required for
this service. For a full description of the benefits of
joining please follow and consult the Benefits of membership
page.
3. Age of
Consent
3.1 If you are
under 18 you may use this website only with the involvement of
a parent or guardian. If you are under 18 please get a
parent’s or guardian’s permission before using this website.
3.2 If we
discover or have any reason to suspect that you are not over
18 years of age and have not got a parent’s or guardian’s
permission to use this website, then we reserve our right to
suspend or terminate your membership immediately and without
notice.
3.3 Vocal
Process Limited do not sell products for purchase by children
on this website. However, from time to time we may sell
children’s products for purchase by adults.
4. Password
and username (log in), Email and Security
4.1 When you
register as a member, you will provide an email address and
you will be sent a log in and username (log in) so that you
can use it to access your member account and profile and to
log on to the members’ area of this website.
4.2 You are
responsible for maintaining the confidentiality of your
account and log in and for restricting access to your computer
to prevent unauthorised access to your account.
4.3 You should
take all necessary steps to ensure that the log in is kept
confidential and secure and you agree to accept responsibility
for all activities that occur under your account or log in.
4.4 Vocal
Process Limited do not have the means to check the identity of
people using the members’ area of the website and will not be
liable where your login has been used.
4.5 You agree
to notify Vocal Process Limited immediately if you have any
reason to believe that your log in has become known to anyone
else, or if the log in is being, or is likely to be, used in
an unauthorised manner.
4.6 You agree
to notify Vocal Process Limited immediately of any other
breach of security of which you become aware.
5. Your
Warranties
5.1 You
warrant that:
5.1.1 All
information and details provided by you to us (including on
registration as a member) are true, accurate and up to date in
all respects and at all times and that you will inform us
immediately of any changes to the information that you
provided when registering. You can access and update much of
the information you provided us with in your account area of
the website. See our Privacy Policy for details on how this
information is used; and
5.1.2 You will
comply with these terms and conditions including, without
limitation, the restrictions relating to license to use set
out at section 6 below.
5.2 You agree
to indemnify and hold us harmless from any claim or damages
(including any legal fees in relation to same) made by a third
party in respect of any matter in relation to or arising from
your use and membership arising from any breach or suspected
breach of these terms and conditions by you or your violation
of any law or the rights of any third party.
6. License
to Use
6.1 Vocal
Process Limited grants you a limited licence to access and
make personal non-commercial use of this website.
6.1.1 You will
comply with these terms and conditions, including, without
limitation, the restrictions relating copyright, database
rights and intellectual property rights as set out in section
8 below.
6.1.2 Any
unauthorised use terminates the permission or license granted
by Vocal Process Limited.
6.2 You agree
to use the website only for lawful purposes, and in a way that
does not infringe the rights of, restrict or inhibit anyone
else’s use and enjoyment of the website.
6.3 You are
granted a limited, revocable, and non-exclusive right to
create a hyperlink to the homepage of the website (‘www.vocalprocess.co.uk’)
as long as the link does not portray Vocal Process Limited or
third parties and their products and services in a false,
misleading, derogatory, or otherwise offensive matter.
6.3.1 You may
not use any ‘Vocal Process’ logo or other proprietary graphic
or trademark as part of the link without the express written
consent of Vocal Process Limited. For more information on how
to link to our website see the Link to Us section.
6.4 Vocal
Process Limited supports the free flow of information and
ideas over the Internet. Vocal Process Limited therefore
requires that you, as a user of this website and/or a member
do not:
6.4.1
Impersonate another person or member;
6.4.2 Transfer
files that contain viruses, trojans or other harmful programs;
6.4.3 Use the
site to conduct any fraudulent activity;
6.4.4 Access
or attempt to access the accounts of other members or to
penetrate or attempt to penetrate the website security
measures;
6.4.5 Have
more than one member account or profile at any time.
6.4.6 Use the
website in any way that causes, or is likely to cause, the
website or access to it to be interrupted, damaged or impaired
in any way.
6.5 Vocal
Process Limited may take any or all of the following action at
our discretion:
6.5.1 Remove
any member account or profile, or other material that, in our
sole discretion may be inappropriate or we suspect to be
illegal, subject us to liability or which may violate these
terms and conditions or where required to do so by law;
6.5.2 Issue
members with verbal or written warnings and may take such
further action as we deem appropriate under this paragraph if
such warnings are not heeded;
6.5.3 Suspend
or terminate a member’s access to the members’ area of the
website or a member’s account without notice at any time;
6.5.4 Inform
the appropriate authorities and provide them with information
regarding any suspected illegal activity; or
6.5.5 Bring
legal action against a member or other user of the website in
relation to any breach of these terms and conditions or any
illegal or suspected illegal activity. We will determine what
action is appropriate to be taken against a member on a case
by case basis.
6.6 You
understand that you, and not Vocal Process Limited, are
responsible for all electronic communications and content sent
from your computer to Vocal Process Limited and you must use
the website for lawful purposes only.
6.7 You must
not use the website for fraudulent purposes, or in connection
with a criminal offence or other unlawful activity to send,
use or reuse any material that is illegal, offensive, abusive,
indecent, defamatory, obscene or menacing; in breach of
copyright, trademark, confidence, privacy or any other right;
or is otherwise injurious to third parties; or objectionable;
or which consists of or contains software viruses, political
campaigning, commercial solicitation, chain letters, mass
mailings or any ‘spam’ to cause annoyance, inconvenience or
needless anxiety.
6.8 Vocal
Process Limited reserves the right to refuse access to the
website, terminate accounts, remove or edit content, or cancel
orders at our discretion. If we cancel an order, it will be
without charge to you.
7.
Termination of Membership
7.1 Your
membership services commence immediately when you first
provide Vocal Process Limited with
your email address. This means that, subject to your right to
terminate as set out below, you will not be able to cancel the
services after this point.
7.2 You can
terminate your membership at any time by submitting a
Revise details/cancel
membership form or by notifying us at
support@vocalprocess.co.uk.
8.
Copyright, Database Rights and Intellectual Property Rights
8.1 Your use
of the website grants no rights to you in relation to
copyright, trademarks or other intellectual property rights or
the intellectual property rights of third parties.
8.2 This
website or any portion of this website may not be reproduced,
republish, download, post, broadcast, record, transmit,
duplicated, copied, sold, resold, visited, or otherwise
exploited for any commercial purpose without our express
written consent from Vocal Process Limited. Access is given to
you solely for your own personal, non-commercial use. Subject
to the above, you may download insubstantial excerpts of this
content to your hard disk for the purpose of viewing it
provided that no more than one copy of any information is
made.
8.2.1 You also
agree not to adapt, alter or create a derivative work from the
website content except for your own personal, non-commercial
use.
8.2.2 You may
not systematically extract and/or re-utilise parts of the
contents of the website without Vocal Process Limited’s
express written consent: this includes any resale or
commercial use of this website or its contents; any collection
and use of any product listings, descriptions, or prices; any
derivative use of this website or its contents; any
downloading or copying of account information for the benefit
of another merchant; and in particular, you may not utilise
any data mining, robots, or similar data gathering and
extraction tools to extract (whether once or many times) for
re-utilisation of any substantial parts of this website.
8.2.3 Any
other use of the website content requires the prior written
permission of Vocal Process Limited.
8.3 VOCAL
PROCESS, THE VOCAL PROCESS LOGO, AND INTEGRATED VOICE,
PROCESS TO POP, BELTING EXPLAINED, VOCALPROCESS.CO.UK, AUDITION PIANIST and other names, images,
logos and marks identifying Vocal Process Limited, or third
parties and their products and services are subject to
copyright, design rights and trademarks of Vocal Process
Limited, and/or third parties and are protected by United
Kingdom and international copyright and database right laws.
8.3.1 All
content included on the website, such as text, graphics,
logos, button icons, images, audio clips, digital downloads,
data compilations, and software, is the property of Vocal
Process Limited or its content suppliers and is protected by
United Kingdom and international copyright and database right
laws.
8.3.2 The
compilation of all content on this website is the exclusive
property of Vocal Process Limited and is protected by United
Kingdom and international copyright and database right laws.
8.3.3 All
software used on this website is the property of Vocal Process
Limited or our software suppliers and is protected by United
Kingdom and international copyright laws.
8.3.4 Nothing
contained in these terms and conditions shall be construed as
conferring by implication, estoppel or otherwise any licence
or right to use any trademark, patent, design right or
copyright of the Vocal Process Limited, or any other third
party.
8.3.5 You also
may not create and/or publish your own database that features
substantial (e.g. our prices and product listings) parts of
this website without Vocal Process Limited’s express written
consent.
8.3.6 The
website’s trademarks and trade dress may not be used in
connection with any product or service that is not Vocal
Process Limited in origin, in any manner that is likely to
cause confusion among customers, or in any manner that
disparages or discredits Vocal Process Limited.
8.3.7 All
other trademarks not owned by Vocal Process that appear on
this website are the property of their respective owners, who
may or may not be affiliated with, connected to, or sponsored
by Vocal Process Limited.
8.3.8 You may
not frame or use framing techniques to enclose any trademark,
logo, or other proprietary information (including images,
text, page layout, or form) of Vocal Process Limited or third
parties and their products and services without express
written consent from Vocal Process Limited.
8.3.9 You may not use any meta tags or any other ‘hidden text’
utilising Vocal Process Limited or third parties and their
products and services names or trademarks without the express
written consent of Vocal Process Limited.
9. Copyright
Claims
9.1 Vocal
Process Limited respect the intellectual property of others.
Accordingly, Vocal Process Limited operates on a ‘notice and
takedown’ basis. If you believe that your work has been copied
in a way that constitutes copyright infringement, please
notify
copyright@vocalprocess.co.uk with full details. Once this
procedure has been followed, Vocal Process Limited will make
all reasonable endeavours to rectify any copyright
infringement within a reasonable time.
10.
Contributions to the Website
10.1 Users of
this website may post, reviews, comments and other content;
send communications; and submit suggestions, ideas, comments,
questions, or other information, as long as the content is not
illegal, obscene, abusive, threatening, defamatory, invasive
of privacy, infringing of intellectual property rights, or
otherwise injurious to third parties, or objectionable and
does not consist of or contain software viruses, political
campaigning, commercial solicitation, chain letters, mass
mailings, or any form of ‘spam.’
10.1.1 You may
not use a false e-mail address, impersonate any person or
entity, or otherwise mislead as to the origin of any content.
10.1.2 Vocal
Process Limited reserves the right (but not the obligation) to
remove or edit any content.
10.2 Where you
are invited to post content or submit any contribution to
vocalprocess.co.uk (including any text, photographs, graphics,
video or audio) you agree, unless we indicate otherwise, by
submitting your contribution, to grant Vocal Process
Limited a perpetual, royalty-free, non-exclusive,
irrevocable, sublicenseable right and license to use,
reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, display, perform, play,
make available to the public, and exercise all copyright and
publicity rights with respect to your contribution worldwide
and/or to incorporate your contribution in other works in any
media now known or later developed for the full term of any
rights that may exist in your contribution, and in accordance
with privacy restrictions set out in the Privacy Policy.
10.2.1 You
grant Vocal Process Limited the right to use the name that you
submit in connection with such content, if they choose.
10.2.2 You
agree to waive your right to be identified as the author of
such content and your right to object to derogatory treatment
of such content.
10.2.3 You
agree to perform all further acts necessary to perfect any of
the above rights granted by you to Vocal Process Limited,
including the execution of deeds and documents, at the request
of Vocal Process Limited.
10.3 If you do
not want to grant to Vocal Process Limited the rights set out
above, please do not submit your contribution to the website.
10.4 You
represent and warrant that you own or otherwise control all of
the rights to the content that you post; that, as at the date
that the content or material is submitted to the website:
10.4.1 The
content is your own original work and that you have the right
to make it available to Vocal Process Limited for all the
purposes specified above;
10.4.2 The
content and material is accurate;
10.4.3 That
the content or material is not defamatory and does not
infringe any law;
10.4.4 The use
of the content and material you supply does not breach any
applicable Vocal Process Limited policies or guidelines and
will not cause injury to any person or entity.
10.5 You agree
to indemnify Vocal Process Limited against all legal fees,
damages and other expenses that may be incurred by Vocal
Process Limited as a result of your breach of the above
warranty; and waive any moral rights in your contribution for
the purposes of its submission to and publication on the
website and the purposes specified above.
11.
Limitation of Liability
11.1 Whilst
Vocal Process Limited will use all reasonable endeavours to
correct any errors or omissions as soon as practicable once
they have been brought to our attention, we do not warrant
that the site will be available uninterrupted and in a fully
operating condition nor that the information on and provided
via the website will be free from errors or omissions, that
defects will be corrected, or that the website or the server
that makes it available are free of viruses or bugs.
11.2 Access to
this site and its contents may be suspended temporarily and
without notice in the case of system failure, necessary
maintenance or repair, the introduction of new facilities or
services or for reasons beyond our control. Vocal Process
Limited will attempt to limit the frequency and duration of
any such suspension or restriction.
11.3 Save that
nothing in this paragraph 11 shall restrict your statutory
rights (including your right to receive a reasonable standard
of service), all content and services on this site, including
the information, names, images, pictures, logos and icons
regarding or relating to Vocal Process Limited, its products
and services (or to third party products and services), is
provided ‘AS IS’ and on an ‘IS AVAILABLE’ basis without any
representations or any kind of warranty made (whether express
or implied by law) to the extent permitted by law. Vocal
Process Limited do not make any representation or give any
warranty in respect of the site or its content, including the
implied warranties of satisfactory quality, fitness for a
particular purpose, non-infringement, compatibility, security
and accuracy. Any decision made or action taken by you on the
basis of information provided on or via the website is at your
sole discretion and risk. By using this website you
acknowledge that you have read and understood our Health and
Safety Disclaimer for important information regarding your use
of the information provided on or via the website.
11.4 Vocal
Process Limited do not give any warranty as to the accuracy,
suitability, reliability, completeness, performance,
satisfactory quality, fitness for a particular purpose, or
freedom from viruses, or other harmful programs of the content
of other websites accessed through this website.
11.5 Under no
circumstances will Vocal Process Limited be liable for any of
the following losses or damage (whether such losses where
foreseen, foreseeable, known or otherwise): (a) loss of data;
(b) loss of revenue or anticipated profits; (c) loss of
business; (d) loss of opportunity; (e) loss of goodwill or
injury to reputation; (f) losses suffered by third parties; or
(g) any indirect, consequential, special or exemplary damages
arising from the use of the website regardless of the form of
action.
11.6 Because
the website lists many products for sale and hosts many
comments, it is not possible for Vocal Process Limited to be
aware of the contents of each product listed for sale, or each
comment or review that is displayed. Accordingly, Vocal
Process Limited operates on a ‘notice and takedown’ basis. If
you believe that any content on, or advertised for sale on,
the website contains a defamatory statement, please notify us
defamatory@vocalprocess.co.uk with full details. Once this
procedure has been followed, Vocal Process Limited will make
all reasonable endeavours to remove the defamatory content
complained about within a reasonable time.
11.7 Nothing
in these terms and conditions shall exclude or limit our
liability for death or personal injury caused by our
negligence.
12. Security
and Privacy
12.1 Your
security and those of all the website’s users and members is
very important to us. Please read the Privacy Policy for
important information regarding the use of your personal data
and your rights in relation to this, to understand Vocal
Process Limited’s practices.
13. General
13.1 If there
is any conflict between these terms and conditions and
specific terms appearing elsewhere on the website then the
latter shall prevail.
13.2 We shall
not be liable for any failure for any suspension, or
termination of access to the website or any content or for any
delay or failure to comply with our obligations under these
conditions if the delay or failure arises out of a force
majeure event. A force majeure event shall include, without
limitation, failure of infrastructure, government
intervention, wars, civil commotion, hijacking, fire, flood,
accident, storm, strikes, lockouts, terrorist attacks, or
industrial action affecting us or our suppliers. This
condition does not affect your statutory rights.
13.3 If any of
these terms and conditions are determined to be illegal,
invalid or otherwise unenforceable by reason of laws of any
state or country in which these terms are intended to be
effective, then to the extent and within the jurisdiction in
which that term is illegal, invalid or unenforceable, it shall
be severed and deleted from these terms and the remaining
terms shall survive, remain in full force and effect and
continue to be binding and enforceable.
13.4 If you
breach these terms and conditions and Vocal Process Limited
takes no action, Vocal Process Limited will still be entitled
to use rights and remedies in any other situation where you
breach these terms and conditions.
13.5 These
terms and conditions shall be governed by and interpreted in
accordance with the laws of England and Wales. Disputes
arising in connection with these terms and conditions shall be
subject to the exclusive jurisdiction of the courts of England
and Wales.
14. Complaints
and Feedback
14.1
If You have any complaints about any aspect of the website
or if you have any questions or would otherwise like to provide
any other feedback, then you can contact us by email at info@vocalprocess.co.uk,
alternatively you can write to us at:
Vocal Process Limited
Alder Hollow
10 West Wall
Presteigne
LD8 2BY
UK
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