Terms and Conditions
Please read this carefully. By accessing the MegaStar web site at www.megastar.co.uk (the "site") you are agreeing to the terms that appear below, whether or not you register your details with MegaStar to enter competitions or take advantage of any promotions.
1. Introduction
This site is owned and operated by Epic Digital Media ("MegaStar.co.uk"). The site may also include materials owned by third parties and posted on the site by virtue of a licence, grant or some other form of agreement between the third party and MegaStar. As a user, you will be able to access material on most areas of the site without going through the registration process. Certain areas of the site are only open to you if you register.
MegaStar is a trademark of Epic Digital Media. This trademark together with any other owned by MegaStar may not be reproduced, translated, adapted, used or distributed without prior permission.
2. MegaStar Content
All material on the site including, without limitation, any text, graphics, logos, photographs, audio or video materials or stills from audiovisual material available on the site (the "Content") belongs to MegaStar or its licensors. You may retrieve and display Content from the site on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk (but not on any server or other storage device connected to a network) for your personal, non-commercial use.
Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the Content. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without prior written permission from MegaStar :
Redistribute any of the Content (including by using it as part of any library, archive or similar service);
Remove the copyright or trade mark notice from any copies of Content made under these Terms;
Create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content.
Creating works or materials that derive from or are based on the materials contained in the site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, online postcards and greetings cards and unlicenced merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.
Requests to republish or redistribute Content should be made by contacting MegaStar in writing at:
MegaStar
c/o edpic,
Sixth Floor, Elizabeth House
39 York Rd,
London SE1 7NQ
or by email to editor@epicdigitalmedia.com
3. Unsolicited Submissions
MegaStar does not knowingly accept unsolicited submissions including, without limitation, submissions of scripts, storylines, articles, fan fiction, characters, drawings, information, suggestions, ideas or concepts. MegaStar's policy is to simply delete any such submission without reading it or forwarding it to other MegaStar staff. Therefore, any similarity between an unsolicited submission and any elements in any MegaStar creative work including, without limitation, a film, series, story, title or concept would be purely coincidental.
If unsolicited submissions are sent to MegaStar via the site, however, these submissions become the property of MegaStar and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as MegaStar sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against MegaStar, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
4. Bulletin Boards and Chat Rooms
Provided that you are aged 13 or over, you are welcome to post, transmit or submit messages and other materials (which include uploading files, inputting data or any other materials or engaging in any form of communication in connection with the site) (collectively "Messages") to bulletin boards, chat rooms or other public areas within, or in connection with, the site (collectively "Forums"). However, MegaStar accepts no responsibility whatsoever in connection with or arising from such Messages. Children under the age of 13 may not submit Messages to the Forums.
MegaStar does not endorse and has no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not necessarily reviewed by MegaStar prior to posting and do not necessarily reflect the opinions or policies of MegaStar. MegaStar makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, MegaStar reserves the right to prevent you from submitting Materials to Forums and to edit, restrict or remove such Messages for any reason at any time.
MegaStar assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time MegaStar chooses, in its sole discretion, to monitor the Forums, MegaStar nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that MegaStar accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages. You also agree to permit any other user of this site to access, view, store or reproduce the material for that other user's personal use and not to restrict or inhibit the use of the site by any other person.
You are solely responsible for the content of your Messages. You must comply with any rules posted by MegaStar on a Forum. You may not:
Post, link to or otherwise publish any Messages containing any form of advertising or promotion for goods and services or any chain Messages or "spam";
Post, link to or otherwise publish any Messages with recommendations to buy or refrain from buying a particular security or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any security;
- Post, link to or otherwise publish any Messages that are unlawful, threatening, abusive, libellous, indecent, infringe copyright or other rights of third parties or which contain any other form of illegal content;
- Post or otherwise publish any Messages that contain a virus or other harmful component; Disguise the origin of any Messages Impersonate any person or entity or misrepresent any affiliation with any person or entity;
- Post or otherwise publish any messages unrelated to the Forum or the Forum's topic;
- Post or transmit any Messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the site or any computer software or equipment;
- Collect or store other users' personal data; Restrict or inhibit any other user from using the Forums.
By submitting messages to any Forum you agree to indemnify and hold harmless MegaStar from all claims, costs and expenses (including legal expenses) arising out of any Messages posted or published by you that are in breach of this section 4.
By submitting Messages to any Forums you are granting MegaStar a perpetual royalty free non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-license the Message in whole or in part and in form. This may include personal information such as your user name and alias and your expressions of opinion. MegaStar reserves the right to contact you by email with regard to your use of the Forums.
5. Disclaimer of Warranties and Liability
While MegaStar does its best to ensure the optimal performance of the site, you agree that you use the site and rely on material contained in this site at your own risk.
No Warranties
MegaStar does not give any warranties in respect of the site, content, software or services available through the site (collectively, "site services"). In particular, the site services are provided on an "as is", "with all faults" and "as available" basis. To the extent allowed by applicable law, MegaStar hereby disclaims all warranties, conditions or duties of every nature whatsoever (except any duties of good faith), including without limitation, any implied warranties of merchantability or of fitness for a particular purpose, any express or statutory warranties, and any warranties or duties regarding accuracy, timeliness, completeness, performance, lack or negligence or of workmanlike effort. Additionally, MegaStar makes no warranty that the site services are year 2000 compliant or free from infection by viruses or anything else that has contaminating or destructive properties.
Also, MegaStar does not provide any warranty against infringement or of title or quiet enjoyment and makes no express warranties.
No Incidental or Consequential Damages
To the full extent allowed by applicable law, you agree that MegaStar will not be liable to you and/or any third party for any consequential or incidental damages (including but not limited to lost profits, loss of privacy or for failure to meet any duty including but not limited to any duty of good faith, lack of negligence or of workmanlike effort) or for any other indirect, special, or punitive damages whatsoever that arise out of or are related to the site services or to any breach of the terms by MegaStar, even if MegaStar has been advised of the possibility of such damages and even in the event of fault, tort (including negligence) or strict liability.
Limitation on Damages; Exclusive Remedy
You agree that your only recovery for any damages that you incur, and your exclusive remedy, shall be limited to the direct damages you actually incur in reasonable reliance on the applicable site service up to a limit of the following, at MegaStar's election: (1) a refund of the amount you paid (if any) in total during the month in which the damage is first incurred, less any reasonable allowance for complying services, or (2) correction or replacement of the service. All limitations will apply to all legal and equitable theories.
Indemnity
You agree to indemnify and hold MegaStar and its subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable attorneies' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of these Terms, or your violation of any rights of another.
Links
The site contains links to other World Wide Web sites provided by independent third parties ("Third Party sites"), either directly or through frames. Where possible, MegaStar will make clear where such links are being made, though Third Party sites may be co-branded with MegaStar and so include MegaStar's trademark. MegaStar is not responsible for the availability or content of Third Party sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party sites.
Notwithstanding the provisions of this Section 5, MegaStar's liability will not be limited in the case of death or personal injury directly caused by Megastar's negligence.
6. Changes to the Terms
Due to its policy of updating and improving the site, MegaStar may wish to change these Terms (including those relating to your use of the Content). MegaStar reserves the right to modify these Terms without notice at any time. It is therefore important that you read this page regularly to ensure you are updated as to any changes.
7. Termination
MegaStar reserves the right to immediately terminate your use of, or access to, the site at any time if MegaStar decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that MegaStar considers to be inappropriate or unacceptable.
8. Advertising and Sponsorship
Part of the site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the site complies with international and national law. MegaStar will not be responsible for any error or inaccuracy in advertising material.
9. Competitions and Prizes
From time to time MegaStar will run competitions, free prize draws and promotions on the site. These are subject to additional terms.
10. Privacy Policy
The information that you provide about yourself to MegaStar will only be used by MegaStar in accordance with its Privacy Policy Statement. The Privacy Policy Statement does not apply to Third Party sites.
11. Country of Jurisdiction
These Terms shall be governed by, and construed in accordance with, English law.
The parties irrevocably agree that the courts of England shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.
For the exclusive benefit of MegaStar, MegaStar shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.
12. Other
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
Failure by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy. Headings in these Terms are for convenience only and will have no legal meaning or effect.
