Access to the Site
- 1. Access to and use of the websites at www.pure.com and www.thelounge.com and any website that resolves to those websites (the "Sites") is provided by us subject to these Site Terms. "We" are Pure Digital, a division of Imagination Technologies Limited, a company registered in England and Wales under registration number 1306335 with registered office at Imagination House, Home Park Estate, Kings Langley, Hertfordshire WD4 8LZ.
- 2. Your use of any part of the Sites constitutes your acceptance of these Site Terms which takes effect on the date on which you first use the Sites. If you do not agree with these Site Terms, you should cease using the Sites immediately.
- 3. We reserve the right to change these Site Terms at any time without notice to you by posting changes online. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of the Sites after changes are posted constitutes your acceptance of the amended Site Terms.
- 4. We may also include additional rules and requirements for using parts of the Sites (for example competition rules, or chargeable services). You are responsible for reviewing all information on the Sites in relation to your particular use of the Sites and complying with any applicable rules or requirements.
- 5. You are responsible for bringing these Site Terms to the attention of all persons accessing the Sites through your Internet connection.
- 6. You must not interfere with another person's use of the Sites or otherwise act in a way that negatively affects another person's use of the Sites.
- 7. You are responsible for checking the contents of the Sites and (if applicable) restricting its access to minors under your control.
- 8.You shall not use the Sites in any way which in any respect:
- 8.1 is in breach of any law, statute, regulation or byelaw of any applicable jurisdiction;
- 8.2 is fraudulent, criminal or unlawful;
- 8.3 is inaccurate or out-of-date;
- 8.4 may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;
- 8.5 impersonates any other person or body or misrepresents a relationship with any person or body;
- 8.6 may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trade mark rights and broadcasting rights) or privacy or other rights of us or any third party;
- 8.7 may be contrary to our interests;
- 8.8 is contrary to any specific rule or requirement that we stipulate on the Sites in relation to a particular part of the Sites or the Sites generally; or
- 8.9 involves your use, delivery or transmission of any viruses, unsolicited e-mails, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
- 9. You hereby grant to us an irrevocable, royalty-free, worldwide, assignable, sub-licensable licence to use any material which you submit to us or the Sites for the purpose of use on the Sites or for generally marketing (by any means and in any media) our products or services generally. You agree that you waive your moral rights to be identified as the author and we may modify your submission.
- 10. The views and comments on content accessible from the Sites are those of the authors and do not necessarily reflect the views of us or any of our officers or employees. We will not be responsible or liable for any material, information or data supplied by anyone and accessible from the Sites.
- 11. You agree to comply at all times with any instructions for use of the Sites which we make from time to time.
- 12. You shall fully and promptly indemnify us against all damages, proceedings, claims, demands, liabilities, losses, charges, costs and expenses which we may suffer or incur as a result (direct or indirect) of any breach by you of any obligation on you under these Site Terms.
Availability of The Sites, Security and Accuracy
- 13. Whilst we endeavour to make the Sites available 24 hours a day, we will not be liable if for any reason the Sites are unavailable at any time or for any period. We make no warranty that your access to the Sites will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.
- 14. Access to the Sites may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of the Sites for any reason. If we impose restrictions on you personally, you must not attempt to use the Sites under any other name or user.
- 15. We do not warrant that the Sites will be compatible with all hardware and software which you may use. Although we may put in place security measures for your protection, we shall not be liable for damage to, or viruses or other code that may affect, any computer equipment, software, data or other property as a result of your access to or use of the Sites or your obtaining any material from, or as a result of using, the Sites. We shall also not be liable for the actions of third parties in breaching any security measures.
- 16. We may change or update the Sites and anything described in it without notice to you.
- 17. Whilst we endeavour to ensure that information and materials on the Sites (including without limitation details about our products and services) are correct, no warranty, express or implied, is given that they are complete, accurate or up-to-date and we do not accept any liability for any errors or omissions. If you place orders through or as a result of using the Sites, you are responsible for ensuring that your orders contain all necessary and accurate information.
- 18. The contents of the Sites are intended for convenience only. Nothing on the Sites shall constitute advice specific to your circumstances or a recommendation. We do not suggest that any product or service mentioned on the Sites is either available to you or complies with laws outside of England and Wales.
Supply of products or services through the Sites
- 19. Our supplies of our products and services referred to on the Sites shall be governed by terms and conditions applicable to the sale or supply of those products and services. A copy of our terms and conditions are available to you upon request by contacting us by email, telephone, fax or post at the contact details set out at the end of these Site Terms.
- 20. Any supplies of products or services by any third parties referred to on the Sites (for example, other radio stations or third parties supplying products made by us) shall be governed by those third parties' own terms and conditions applicable to the sale or supply of those products and services. We are not responsible for the acts or omissions of any third parties (including without limitation the content and advertising on or through third party radio stations) and it is your responsibility to deal directly with the third party from whom you buy products or services in the event of you having any claims or issues.
- 21. We accept liability for death or personal injury caused by our negligence, or for our fraudulent misrepresentation or for any liability that we cannot exclude or limit at law.
- 22.To the extent possible by law and subject to paragraph 21 above, to the extent permitted by law:
- 22.1 our maximum liability (whether in contract, tort, negligence, misrepresentation, restitution or under any legal head of liability) in relation to your use or inability in use or delay in use of the Sites or any material in them or accessible from them or from any action or decision taken as a result of using the Sites or any such material shall be £100; and
- 22.2 we shall not have any liability (whether in contract, tort, negligence, misrepresentation, restitution or under any legal head of liability) in relation to your use or inability to use or delay in use of the Sites or any material in them or accessible from them or from any action or decision taken as a result of using the Sites or any such material for any: (a) indirect or consequential losses, damages, costs or expenses; (b) loss of actual or anticipated profits; (c) loss of contracts; (d) loss of use of money; (e) loss of anticipated savings; (f) loss of revenue; (g) loss of goodwill; (h) loss of reputation; (i) loss of business; (j) loss of operation time; (k) loss of opportunity; or (l) loss of, damage to or corruption of, data; whether or not such losses were reasonably foreseeable or we had been advised of the possibility of you incurring such losses. For the avoidance of doubt, (b) to (l) apply whether such losses are direct, indirect, consequential or otherwise.
- 23. Avanti Flow, ChargePAK, Chronos, Chronos CD, Chronos iDock, Chronos II, Clearsound, EcoPlus, the EcoPlus Logo, Evoke, Evoke-1S, Evoke Flow, Evoke Mio, Evoke-1, Evoke-1XT, Evoke-2, Evoke-2S, Evoke-2XT, Evoke-3, Flow, Highway, i-10, Imagination Technologies, the Imagination Technologies logo, Intellitext, Move, One, One Classic, One Elite, One Mini, PocketDAB, PocketDAB 1500, Powered by Imagination, the Powered by Imagination logo, Pure, Pure Lounge, the Pure Lounge logo, Pure One, Pure Sounds, quickSCAN, Reach F10, ReVu, S-1, Satin-touch, Siesta, Sirocco 150, SnoozeHandle, Tempus-1S, textSCAN are trademarks or registered trademarks of Imagination Technologies Limited. All other logos, products, trademarks and registered trademarks, are the property of their respective owners.
Third Party Websites and Pages and Content
- 24. The Sites may contain links or access to other websites (for example, Internet radio stations). We have no control over and accept no responsibility for the content of such linked or accessible sites or services. The links and access are provided "as is" with no warranty, express or implied, for the information provided within such sites or services.
- 25. In addition, the Sites and websites and services provided by third parties through the Sites may contain advertising content provided by third parties. We have no control over and accept no responsibility for that content. Those adverts are the responsibility of the advertisers. We make no warranty, express or implied, for the information or content within those adverts.
- 26. You must not without our permission frame any of the Sites onto your own or another person's website.
- 27.We hereby grant to you a revocable, non-exclusive, royalty-free right to provide a link from your website to the home page of a Site, provided that you do so in a fair and legal way without damaging our reputation or taking advantage of it. In particular:
- 27.1 you shall not make any warranties or representations about us or our affiliates or our products, services or policies except with our prior express authorisation;
- 27.2 you shall not say anything that is false, misleading, derogatory or offensive about us or our affiliates or our products, services or policies; and
- 27.3 you shall not suggest expressly or impliedly that we have endorsed your site or are associated with it where this is not the case.
Use of User Access Names and Passwords
- 28. You may need to use a user access name (or email address) and password for your access to, or enabling you to access, restricted areas of the Sites, in which case this section of the Site Terms applies to you.
- 29. You must at all times keep your user access name and password strictly confidential and secure.
- 30. You should not choose a password which can be readily guessed.
- 31. You should not disclose or allow others to have access to your user access names or passwords without our prior permission, unless you are the authorised user or the authorised employee acting on behalf of the authorised user.
- 32. If you think you may have lost or allowed a third party to see or use your user access names or passwords, you must inform us immediately.
- 33. You shall be responsible for all use of the Sites made under your user access names and passwords.
- 34. We may require that your user access names or passwords are changed from time to time.
- 35. You can change your personal information preferences and/or details at any time by contacting us by email at firstname.lastname@example.org, by telephone at 0845 148 9001, by fax at 0845 148 9003 or by post to Pure, Imagination Technologies, Home Park Estate, Kings Langley, Herts, WD4 8LZ, United Kingdom. You will ALWAYS be given a straightforward way to opt out from our direct marketing each time you receive a communication from us.
Copyright notice and Privacy Statement
- 36. You agree to be bound by the Copyright Notice and Privacy Statement currently in force. Severability
- 37. If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Site Terms shall survive, remain in full force and effect and continue to be binding and enforceable. Contacting us
- 38. If you want to contact us for any reason, please contact us by email at email@example.com, by telephone at 0845 148 9001, by fax at 0845 148 9003 or by post at the address above. English law and jurisdiction
- 39. These Site Terms shall be governed by and construed in accordance with English law. You submit to the jurisdiction of the English courts. You irrevocably agree that the English courts shall have exclusive jurisdiction over any claim or matter brought by you in relation to these Site Terms. We shall also have the right to bring a claim against you in the jurisdiction in which you are based and any other court of competent jurisdiction.