This Site "Surgemusic" is owned and operated by Valtex Limited.
Please read this carefully. By accessing the Surge Music web site at www.surgemusic.com (the "Site") you are agreeing to the terms that appear below, whether or not you register as a user. If you have any questions, please contact firstname.lastname@example.org
These terms are subject strictly to the terms of any agreement evidenced in writing and entered into by Valtex Limited and the User or any other person or body on behalf of the User or contracting for services which permit access to Surge Music to be given to the User but to the extent that any such agreement does not apply these terms shall apply in full.
These Terms were last updated on 1st June 2005
All or any of the following services may be supplied depending on the service package selected by you or for you:
(i) A database of information covering areas of music, artists and venues.
(ii) A news bulletin ("the Bulletin")
(being collectively referred to as "the Services")
All material contained in the site ("Content") belongs to Valtex Limited 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 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 Valtex Limited:
Whilst every effort has been taken to ensure the accuracy of the information contained in the Services it is presented for your general information and use only and is not intended to address your particular requirements. In particular, the Content does not constitute any form of advice, recommendation or arrangement by Valtex Limited and is not intended to be relied upon by users in making (or refraining from making) any specific decision. Any arrangements made between you and any third party named on this Site are at your sole risk and responsibility.
The User acknowledges that the Services have not been prepared to meet individual requirements and that it is the responsibility of the User to ensure that the facilities and functions of the Services meet the User's individual needs. Content and format of the Services may be changed from time to time at the Supplier's discretion. The Services may not always provide facilities or functions specified in these terms. The Supplier makes no warranty as to the accuracy of Services or the performance of the Services, and does not warrant that the operation of the Services will be uninterrupted or error free. Risk in the Services passes to the User on use of the Services.
4.2 NO WARRANTIES
BECAUSE OF THE NUMBER OF SOURCES FROM WHICH Valtex Limited OBTAINS
CONTENT AND THE NATURE OF ELECTRONIC DISTRIBUTION VIA THE INTERNET, Valtex Limited 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, Valtex Limited 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, Valtex Limited MAKES NO WARRANTY THAT THE
SITE SERVICES ARE YEAR 2000 COMPLIANT OR FREE FROM INFECTION BY VIRUS OR ANYTHING
ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
ALSO, Valtex Limited DOES NOT PROVIDE ANY WARRANTY AGAINST INFRINGEMENT OF TITLE OR QUIET ENJOYMENT AND MAKES NO EXPRESS WARRANTIES.
4.3 NO INCIDENTAL OR CONSEQUENTIAL DAMAGES
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT Valtex Limited 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 Valtex Limited, EVEN IF Valtex Limited HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY.
4.4 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 Valtex Limited'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.
The Site contains links to other World Wide Web sites provided by independent third parties ("Third Party Sites"), either directly or through frames. Valtex Limited 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.
Valtex Limited reserves the right, at its discretion, to make changes to any part of the Site. Due to its policy of updating and improving the site, Valtex Limited may wish to change these Terms (including those relating to your use of the Content). When terms are changed, Valtex Limited will notify you by publishing details of those changes by including them at the end of these Terms. If you use the Site after Valtex Limited has published or notified you of the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site any further after they are published at the end of these Terms or after you receive notice of them.
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. Valtex Limited will not be responsible for any error or inaccuracy in advertising material.
From time to time Valtex Limited will run competitions, free prize draws and promotions on the Site. These are subject to additional terms that will be made available at the time of such competitions.
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 Valtex Limited, Valtex Limited 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.
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.
Valtex Limited is a company
registered in England and Wales under number 04152154 whose registered office
is at 12 Meriden Avenue, Stourbridge, West Midlands, DY8 4QN