| Level Best Website
Terms And Conditions
NATS Ltd (company
number 3155567) ("NATS", “we”, “us” or “our”) provides the information
set out on the www.levelbust.com website (the "Website")
solely for information purposes.
Your use of this Website is governed by these Terms and Conditions. By
using any part of this Website, completing any registration with us
and/or submitting any information to us on the Website, you agree:
(a) to be bound by these Terms and
Conditions; and
(b) that your personal information
obtained through this Website may be held and processed in accordance
with the Privacy Policy.
1. DISCLAIMER
WE ATTEMPT TO BE AS ACCURATE AS POSSIBLE WHEN
PUBLISHING INFORMATION ON THE WEBSITE. HOWEVER, TO THE EXTENT
PERMITTED BY APPLICABLE LAW, WE DO NOT WARRANT THAT ANY CONTENT
AVAILABLE ON THE WEBSITE IS ACCURATE, ADEQUATE, FIT FOR ANY PARTICULAR
PURPOSE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
2. Use of the Website
2.1 About NATS
Our address is Fifth Floor, Brettenham House
South, Lancaster Place, London WC2E 7EN. Our VAT number is GB-440379456.
2.2 Privacy
Any details which you provide to us from which
we can identify you are held and processed in accordance with our
Privacy Policy.
2.3 Language
Any contractual or legal relationship between
you and NATS shall be concluded in English.
3. Complaints
If you wish to complain about any matter in
respect of the Website please email
level.bust@nats.co.uk.
4. Intellectual Property
4.1 All content available on the Website
including, but not limited to, text, graphics, logos, button icons,
images, audio clips, data compilations and software, and the
compilation thereof (the “Content”) is the property of NATS, our Group
Companies (that is NATS Ltd, any
subsidiary, holding or associated companies and any other companies in
which NATS Ltd has an interest) or our
licensors and is protected by UK and international copyright laws.
4.2 The trade marks, logos, and service marks
displayed on the Website (collectively, the “Trade Marks”) are the
registered and unregistered marks of NATS, our Group Companies or our
licensors in the UK and other countries, and are protected by UK and
international trade mark laws. Any other Trade Marks not owned by NATS,
our Group Companies or our licensors that may appear on the Website
are the property of their respective owners who may or may not be
affiliated with or connected to us.
4.3 Except as set forth in the limited licence
in Section 5 below, or as required under applicable law, neither the
Content, Trade Marks, nor any other portion of the Website may be
used, reproduced, duplicated, copied, sold, resold, accessed,
modified, or otherwise exploited, in full or in part, for any purpose
without our prior written consent.
5. Limited Licence
5.1 We grant you a limited, revocable, and
non-exclusive licence to access and make personal use of the Website.
5.2 You may not frame or utilise framing
techniques to enclose the Website or any portion thereof without our
prior written consent.
5.3 The limited licence set forth in this
Section 5 does not include the right to:
(a) modify the Website or its Contents; or
(b) make any use of the Website or its
Content other than for personal use; or
(b) reproduce, duplicate or copy the
Content, Trade Marks or any portion of the Website (in whole or in
part) for any purpose unless otherwise expressly stated on the
Website; or
(c) create any derivative work based upon
either the Website or its Content; or
(d) sell, resell or otherwise exploit the
Website or its Content; or
(d) collect information for the benefit of
another party; or
(e) use any meta tags or any other “hidden
text” utilising our name or the Trade Marks without our express
written consent; or
(f) use software robots, spiders,
crawlers, or similar data gathering and extraction tools, or take any
other action that may impose an unreasonable burden or load on our
infrastructure.
5.4 You are granted a limited, revocable, and
non-exclusive right to create a hyperlink to the home page of the
Website for personal, non-commercial use only. A website that links to
our Website:
(a) may link to, but not replicate, our
Content; but
(b) may not imply that we are endorsing
such website or its services or products; and
(c) may not misrepresent its relationship
with us; and
(d) may not contain Content that could be
construed as distasteful, obscene, offensive or controversial, and may
contain only Content appropriate for all ages; and
(e) may not portray us or our services, in
a false, misleading, derogatory, or otherwise offensive or
objectionable manner, or associate us with undesirable products,
services, or opinions; and
(f) may not use any Trade Mark without
express written permission; and
(g) may not link to any page of the
Website other than the home page. We may, in our sole discretion,
request that you remove any link to the Website, and upon receipt of
such request, you shall immediately remove such link.
5.5 Any unauthorised use by you of the Website
terminates the limited licence set forth in this Section 5 without
prejudice to any other remedy provided by applicable law.
6. Third Party Links
6.1 Links to third party websites on the Website
are provided solely for your information and convenience. If you use
these links you will leave the Website. We do not control and are not
responsible for these third party websites or their content.
Therefore, we do not endorse or make any representations about them,
or any material found on them, or any results that may be obtained by
using them. If you decide to access any of the third party websites
linked to the Website, you do so entirely at your own risk.
6.2 We are not responsible for the use of your
personal information by third party websites accessible via the
Website. You should carefully review the privacy policies of all such
websites before providing any personal information.
7. Representations, Warranties and Limitation
of Liability
7.1 You agree that NATS, any other party
(whether or not involved in creating, producing, maintaining or
delivering the Website), and any Group Company and the officers,
directors, employees, shareholders or agents of any of them, will not
be responsible or liable (whether in contract, tort or otherwise),
under any circumstances for any amount or kind of loss or damage
(including without limitation, any direct, indirect, punitive or
consequential loss or damages, or any anticipated loss of profit, loss
of profit, loss of opportunity, loss of data, costs and fines and/or
any special or incidental damages of any kind) that may result to you
or a third party arising from or connected in any way to:
(a) interruption of business; or
(b) access delays or access interruptions
to the Website; or
(c) data non-delivery, mis-delivery,
corruption, destruction or other modification; or
(d) dealings with or the presence of third
party website links on the Website; or
(e) reliance on the information contained
on the Website; or
(f) computer viruses, system failure or
malfunction which may occur in connection with your use of the
Website, including during hyperlink to or from third party websites;
you accordingly acknowledge that it is your responsibility to take
precautions to ensure that this Website and whatever third party
website(s) you select for your use is (are) free of viruses, worms,
trojan horses and other items of a destructive nature; or
(g) any inaccuracies, omissions or
misleading, false or deceptive statement in the Content; or
(h) events beyond our reasonable control.
7.3 Nothing in these Terms and Conditions shall
exclude or restrict our liability for:
(a) death or personal injury caused by our
negligence; or
(b) fraud; or
(c) misrepresentation as to a fundamental
matter; or
(d) any liability which cannot be excluded
or limited under applicable law.
8. Indemnity
You agree to defend, indemnify and hold us
harmless for any loss, damages or costs, including reasonable legal
fees, resulting from any third party claim, action, or demand
resulting from your use of the Website or the creation of a hyperlink
to the Website. You also agree to indemnify us for any loss, damages,
or costs, including reasonable legal fees, resulting from your use of
software robots, spiders, crawlers, or similar data gathering and
extraction tools, or any other action you take that imposes an
unreasonable burden or load on our infrastructure.
9. General
9.1 You acknowledge and agree that these Terms
and Conditions, together with our Privacy Policy, constitute the
complete and exclusive agreement between us concerning your use of the
Website and supersede and govern all prior proposals, agreements, or
other communications.
9.2 If any provision of these Terms and
Conditions is held to be illegal, invalid or unenforceable in whole or
in part, then these Terms and Conditions shall continue to be valid as
to the other provisions and the remainder of the affected provision.
Any waiver of any of the provisions of these Terms and Conditions by
us shall not be deemed a waiver of any subsequent breach or default
and shall in no way affect the other provisions of these Terms and
Conditions.
9.3 No failure to exercise and no delay on the
part of either party in exercising any right, remedy, power or
privilege of that party under these Terms and Conditions and no course
of dealing between the parties shall be construed or operate as a
waiver thereof, nor shall any single or partial exercise of any right,
remedy, power or privilege preclude any other or further exercise
thereof or the exercise of any other right, remedy, power or
privilege. The rights and remedies provided by these Terms and
Conditions are cumulative and are not exclusive of any rights or
remedies provided by law.
9.4 Nothing contained in these Terms and
Conditions shall be construed as creating any agency, partnership, or
other form of joint enterprise between us.
9.5 We reserve the right to change these Terms
and Conditions at any time and we encourage you to revisit these Terms
and Conditions periodically to ensure that you are at all times fully
aware of our Terms and Conditions. Any changes are effective
immediately upon posting to the Website. Your continued use of the
Website constitutes your agreement to all such Terms and Conditions.
9.6 We may, with or without prior notice,
terminate any of the rights granted by these Terms and Conditions. You
shall comply immediately with any termination or other notice,
including, as applicable, by ceasing all use of the Website.
9.7 We reserve the right to remove or edit any
materials or content on the Website at any time. We will not be liable
to you or any third party by reason of our removing or editing content
on the Website; refusing to process a submission or suspending any
processing of any submission after processing has begun.
9.8 Your use of this Website shall be governed
by English law, and by accessing the Website you submit to the
exclusive jurisdiction of the English Courts.
9.9 If you have any questions regarding these
Terms and Conditions please contact
level.bust@nats.co.uk.
07 April 2003 |