Terms & Conditions
Please read these Terms & Conditions of Use before using this site.
Welcome to davidianproductions.com, the official website for David Ian Productions.
From time to time we may supplement these Terms with additional Terms relevant to specific content or events (“Additional Terms”). These Additional Terms may be placed on this site to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms.
Restrictions on Use of Materials
This site is owned and operated by David Ian Productions (referred to as “David Ian Productions,” “we,” “us,” or “our” herein). No material from this website may be copied, reproduced, republished, amended, modified, revised, edited, changed, added to, deleted, uploaded, posted, transmitted, or distributed in any way, without our express written permission. You may download one copy of the materials displayed on the site for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of David Ian Productions’s copyright and other proprietary rights. All trademarks, service marks, and trade names are proprietary to David Ian Productions are to be kept intact.
In the event you download any material from the site, the material, including any software, files, images, graphics or text are licensed to you by David Ian Productions. David Ian Productions do not transfer title to such material to you. You own the medium on which the material is recorded, but David Ian Productions retains full and complete title to the material at all times, and all intellectual property rights therein. You may not add, delete, distort, or otherwise modify the contents on the sites. Any unauthorised attempts to modify any Online Material, to defeat or circumvent our security features, or to utilise the site for anything other than its intended purpose is prohibited.
Any communication or material, which is transmitted by you to the site by electronic mail or otherwise, will be treated as non-confidential and non-proprietary. Accordingly, anything you transmit or post may be used by us or our affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcasting and posting. Furthermore, we shall be free to use any ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products or events using such information.
Forums and Public Communication
“Forum” means a chat area, bulletin board, or e-mail function offered as part of davidianproductions.com You alone are responsible for the content of your messages and the consequences of such messages, which you submit to the site. You shall not upload to, distribute through, or otherwise publish through davidianproductions.com any content which in the opinion of David Ian Productions:
- may constitute libel, defamation, invasion of privacy, or is obscene, pornographic, abusive, or threatening;
- may infringe any intellectual property or other right of any entity or person;
- may violate any applicable law or advocates illegal activity;
- advertises or otherwise solicits funds or is a solicitation for goods, services, advertisers or sponsors or otherwise engages in commercial activity;
- includes programs which may contain viruses, worms, trojan horses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication;
- contains links to other sites that contain the kind of content which falls within the descriptions set out in (A) to (F) above.
You shall not use the site for distributing, disseminating or posting any chain letters, junk mail, ‘spamming’ material or any other form of bulk communication and you specifically acknowledge that soliciting other davidianproductions.com guests to join or become members of any commercial online service or other organisation is expressly prohibited.
By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, communicate, perform, display and distribute such materials (in whole or in part) or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe for the full term of any rights that may exist in such material. In addition, you warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the licence stated above. You also permit any other member/subscriber to access, display, view, store and reproduce such material for personal use.
You shall not infringe any third party rights through your use of the site, or your activities conducted from the site, including without limitation, the intellectual property rights of others. You further agree not to use in any way any of our trademarks or other intellectual property, or in any way to represent yourself or your site or the activities on your site as connected with us, or link to the site in any manner whatsoever without our express prior written consent and not to damage, interfere with or disrupt access to the site or do anything that may interrupt or impair its functionality.
These Terms are effective until terminated by either party. You may terminate these Terms at any time by destroying all materials obtained from this site and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. These Terms will terminate immediately without notice from David Ian Productions if in David Ian Productions‘s sole discretion you fail to comply with any of these Terms. Upon termination, you must destroy all materials obtained from this site and all copies thereof, whether made under these Terms or otherwise.
From time to time we will make available to you links from the site to third party sites. These sites are not in any way approved, checked, edited, vetted or endorsed by us and you agree that we shall not be responsible or liable in any way for the content, advertising or products available from such sites, the quality, functionality, suitability or legality of such sites or for any dealings that you may have, or the consequences of such dealings, with such third party site operators. You also agree that any dealings you have with such third party site operators shall be on the terms and conditions (if any) of the third party operator and you hereby waive any claim you might have against us with respect to such sites. You agree that we are not liable in any way for and you agree to indemnify us in the manner referred to below in these Terms in relation to such dealings. Any arrangements made between you and any third party named on the site are at your sole risk and responsibility.
From time to time third parties may link to our site without our express consent or knowledge. David Ian Productions is not responsible in any way for any dealings which you may have with these unauthorised sites or any content which may be displayed or linked to by these third parties. If you do come across any link which is offensive or otherwise unsuitable or inappropriate to David Ian Productions or our users please let us know.
Limitation of Liability
You expressly agree that your use of and browsing of the site are at your own risk. Neither David Ian Productions nor any other party involved in creating, producing or delivering the site is liable for any direct, incidental, special, consequential, indirect or punitive damages arising out of your access to, or use of, or inability to use the site or for the cost of procurement of substitute goods or services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the site or resulting from any unauthorized access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible property, even if David Ian Productions has been advised of the possibility of such damages.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall David Ian Productions total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this site.
You agree to indemnify, keep indemnified, defend and hold David Ian Productions and its parent companies, subsidiaries, affiliates and their respective officers, directors, employees, owners, agents, information providers and licensors harmless from and against any and all claims, damages, liability, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any of these parties and any claims or legal proceedings which are brought or threatened arising from your use of, connection with or conduct on the site or any breach by you of these Terms. David Ian Productions reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to co-operate with our defence of such claim.
Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting the product and associated products, events and services of David Ian Productions. This site is controlled and operated by David Ian Productions from its offices within the UK. David Ian Productions makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so at their own risk and are responsible for compliance with local laws, if and to the extent local laws are applicable.
In the event that any provision of these Terms conflicts with the law under which the Terms are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms will remain in full force and effect.
These Terms shall be governed by and construed in accordance with the laws of England and Wales. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and any Additional Terms constitute the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
LAST UPDATED: 29 July 2014