MPC-Forums.com - General Terms & Conditions
PLEASE READ THESE TERMS CAREFULLY. These are the general terms and conditions ("Terms") governing your access and use of the services and content offered to you on this web site, MPC-Forums.com ("Site"). The Site contains a discussion forum that comprises of messages submitted by third parties ("Posts"). This Site is operated by Beat Box Digital LTD t/a MPC-Samples (hereinafter referred to as "we", "us", "our" or "MPC-Samples"). Beat Box Digital LTD is a company registered in England and Wales, company number 06810062.
Any reference to "you", "yours" and "Users" is referring to you, the user of the Site. By using the Site, you accept the Terms and agree to be bound by them. We may amend the Terms at any time by posting the amended terms on the Site, and all amendments shall supercede this Agreement and be effective regarding your use of the Site immediately upon entering it. As such, you should check the Terms each time you use the Site.
You agree to use this site for lawful purposes only. You shall not post or transmit through this site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, confidential, vulgar, obscene, profane, pornographic or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. You will not use the Site to impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or disguise the origin of any content, to 'stalk' or otherwise harass another or to collect or store personal data about other users. You will not advertise or offer to sell goods or services without express permission from MPC-Samples. You will not infringe any intellectual property rights, including copyright. You will not use the Site to harvest information about other users of the Site or to post unauthorised or unsolicited advertising ("spam").
During registration you will be asked for a password to access any pages for which registration is required. You are solely responsible for all actions that occur as a result of access to the Site via your password. It is your sole responsibility to ensure the security of your password. Any breaches of these Terms by someone to whom you disclose your password to will be treated as a breach by you. If your password becomes known to any unauthorised user you must notify us immediately. We reserve the right to change your password and account name at any time in our sole and absolute discretion.
You agree that any user name, avatar or posting signature you choose will not be obscene, menacing, racist, offensive, threatening, derogatory, defamatory or in violation of any intellectual property or proprietary rights of any third party; if we consider that the user name, avatar to posting signature selected by you is inappropriate, we reserve the right to amend it, or remove the offending account from the Site.
You remain personally responsible for the content of your Posts submitted to the Site (even if it is by another person using your access to the Site), and you agree to indemnify and hold harmless MPC-Samples and their agents with respect to any claim based upon transmission of your Posts.We reserve the right to remove, edit or refuse to accept any material that you or other third parties place or attempt to place on the Site, to block or suspend your access to the Site and to take such other action as we in our sole and absolute discretion consider necessary to prevent or remedy any breach of these Terms.
MPC-Samples does not and cannot review Posts submitted to the Site and is not responsible for the content of any Posts. We do not vouch for or warrant the accuracy, completeness or usefulness of any Posts, and are not responsible for the contents of any Posts. The Posts express the views of the author of the Post, not the views of MPC-Samples or any entity associated with the Site. If you wish to notify us of any Posts or activity on the Site that you reasonably believe is in breach of these Terms then you can do so by clicking on the 'Report Post' icon or by emailing firstname.lastname@example.org. We are not responsible for any failure to remove, or delay in removing, any Post or third party material from the Site or for any good faith but wrongful removal of third party material.
Users agree not to adapt, alter or create a derivative work from any of the material contained in this site or use it for any other purpose other than for your personal non-commercial use.
Users grant to us a world-wide, royalty-free, irrevocable, non-exclusive licence (including the right to sub-license) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any Posts (in whole or part) submitted by the User and/or to incorporate such content in other works in any form, media or technology now known or developed.
Users shall not submit, upload, post or otherwise make available on this site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright or that such permission has been obtained rests with the User. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission and agree to indemnify us and keep us indemnified against any damage, harm or loss resulting from such a submission.
MPC-Samples reserves the right at all times to disclose any information as MPC-Samples deems necessary to satisfy any applicable law, regulation, legal process or government request.
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 from these Terms and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
Disclaimers & Limitation of Liability
The Site is supplied to you on an "as is" basis and we make no warranties, express or implied, with respect to the Site whatsoever (including without limitation regarding their satisfactory quality, fitness for a particular purpose, suitability, reliability, timeliness, accuracy, completeness, security or that they are free from error) unless specifically set out in these Terms.
We are unable to guarantee error-free use or access to any part of the Site.
Your access to the Site and any action you carry out on the basis of data or information you obtain from or via the Site (including any transaction you make with a third party for the supply of goods or services to you) is carried out entirely at your own risk and we accept no liability for any losses that you may suffer as a result. The inclusion of links on the Site to third party sites not controlled by us does not imply any endorsement by us of such sites. We do not control such web sites, and are not responsible for their content. Users access these third-party sites at their own risk.
We shall not be liable for any loss of use, profits or data or any indirect, special or consequential damages or losses, whether such losses or damages arise in contract, negligence or tort, including without limitation to the foregoing any losses in relation to:
- your use of, reliance upon or inability to use the Site;
- the deletion with or without notice or cause of any of your data or information stored on the Site;
- any loss of your data or material resulting from delays, non-deliveries, missed deliveries, service interruptions or a failure, suspension or withdrawal of all or part of the Site at any time; or
- the removal from the Site of any material sent or posted by you on or via the Site and/or the blocking or suspension of your access to the Site or any part of it in accordance with these Terms.
We reserve the right to impose limits on the size of storage space that we in our discretion provide you for the storage of private messages. However, we have no obligation to store such materials for you and will not be responsible if stored messages are lost or deleted. We do not warrant and shall not be liable for any delay or failure to send, receive or process private messages. We accept no liability for any loss or damage resulting from the receipt of any private messages.
If you are dissatisfied with any part of the Site or with any of these Terms, your sole and exclusive remedy is to discontinue using this Site. Nothing in these Terms affects the statutory rights of the consumer.
You acknowledge that we are unable to exercise control over the security or subject matter of third party content transmitted or accessible via the Site and we exclude all liability of any kind for the transmission or reception of illegal or unlawful content. The Site may contains links to other web sites either within Posts or Advertisements. We accept no responsibility for their content or services, or otherwise in respect of these. We endeavour to ensure the security of your communications; however your communications pass over third party networks over which we have no control. There is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. The Internet is not a secure environment. Unwanted programs or material may be downloaded without your knowledge, which may give unauthorised persons access to information stored on your computer. These programs may perform actions that you have not authorised, possibly without your knowledge. We accept no liability for any loss or damage resulting from your use of the Internet and/or third party web sites or content accessed via the Site.
Indemnity By You
You irrevocably agree to indemnify us fully against and to hold us harmless on demand from all losses, costs, proceedings, damages, expenses (including reasonable legal costs and expenses) or liabilities howsoever incurred by us as a result of any claim by a third party resulting from your use of the Site (or use of the Site by anyone who accesses the Site via your password) in breach or non-observance of these Terms. We shall notify you of any claim that we receive and you hereby provide us with full authority to defend, compromise or settle such claims and shall provide us with all reasonable assistance necessary to defend such claims, at your sole expense.
Suspension & Termination
We may suspend the operation of the Site at any time, for any reason. If we suspend your access to the Site to investigate or prevent a potential breach of these Terms, these Terms shall continue to apply during any period of suspension.
We may terminate your access to the Site at any time and for any reason we see fit in our sole and absolute discretion. If we terminate your access to the Site, we may delete all information, private messages and other data that you have stored on the Site. Termination shall not affect the accrued rights and liabilities of either you or us.
These Terms shall be governed and interpreted in accordance with English law and you and we both consent to the non-exclusive jurisdiction of the English courts.