It is your responsibility to read these Terms and Condition before using the
The Filter website ("Website"). By using the Website you signify your
consent and agreement to these Terms and Conditions.
Please check these Terms and Conditions periodically for any changes. The
continued use of the Website following the posting of changes to these Terms
and Conditions will mean that you accept such changes.
1. Ownership
The Website is owned by Exabre Limited. The content and service provided on
the Website including graphics, code, text products, software, audio, music and
design is owned or licensed by Exabre Ltd. Certain third party copyright
materials and works are included on the Website including those works or
materials belonging to licensors of Exabre Ltd. You agree that the tracks,
musical works, compositions and other materials ("Exabre Ltd Materials")
are protected by international intellectual property law.
AMG reserves all rights in the AMG Services, including all ownership rights.
To the extent that the End User provides any information or original works of
authorship to be added to AMG Databases, you represent and warrant that you are
the sole author of such work(s) and further hereby assign to AMG all rights of
copyright therein, including the right to register the copyright in such
work(s) as part of the AMG Database.all rights in the AMG Services, including
all ownership rights.
2. Use of the Website
You are granted a limited, personal, non-exclusive, revocable, licence to
use the Website and to receive, by stream, tracks and video clips made
available through The Filter Website. You agree that you may not download,
reproduce, modify, display, perform, transfer, distribute or otherwise use Exabre
Ltd Materials, except as provided under these Terms and Conditions, and you
agree to take all reasonable steps to prevent the unauthorised use of Exabre
Ltd Materials.
No material from The Filter website may be modified, copied, reproduced,
re-published, uploaded, posted, broadcasted, publicly performed, transmitted,
re-transmitted or distributed in any way. Any such use is strictly prohibited
and will constitute an infringement of the copyright and other intellectual
property rights of Exabre Ltd or in the case of material licensed to Exabre Ltd
the owner of such materials. You agree not to delete, change or modify in any
way the copyright notices or trade marks contained on the Website.
For the avoidance of doubt you will not obtain any ownership interest in Exabre
Ltd Materials, The Filter Service or any other materials contained on the
Website, whether through these Terms and Conditions or otherwise. You agree
that your use of The Filter service is for your own personal use and must not
be used for any commercial purpose.
You agree not to place any libellous, defamatory, illegal or offensive
material on the Website.
3. Control
Exabre Ltd uses reasonable endeavours to monitor the Website but cannot be
held responsible for the accuracy or reliability of any statement, opinion, or
advice made on the Website or for any libellous, defamatory, illegal or
offensive conduct by any customer. You agree to Exabre Ltd of any such conduct
which comes to your notice. You agree that Exabre Ltd including any appointed
personnel may at any time without notice:
- move or suspend the Website
in whole or in part; and
- disclose any material or
content contained on the Website if it considers it necessary to enforce
these Terms and Conditions.
We do our best to ensure that information on the site is
correct but in no circumstance do we accept any liability whatsoever for error
or omission.
4. Indemnity
You agree to indemnify, defend and hold harmless Exabre Ltd (including its
successors, subsidiaries, agents, affiliates, partners and licensors) against
all claims, damages, costs or other expenses which arise directly or indirectly
out of or from your unauthorised use of the Website, Exabre Ltd Materials, The
Filter Service and any other materials contained on the Website.
5. Termination
Your right to use the Website will be suspended or terminated immediately
without notice by Exabre Ltd if in its sole discretion you fail to comply with
any term or provision of these Terms and Conditions. On termination you must
destroy all materials and associated documentation obtained from the Website
and all copies of such materials.
6. Miscellaneous
There will be occasions when the Website will be interrupted whether for
maintenance, upgrades and emergency repairs or otherwise and you agree that
Exabre Ltd shall not be liable to you or any third party for any modification,
suspension or discontinuance of the Website. Exabre Ltd is not responsible for
any disruption whatever inherent in the operation of the Internet and World
Wide Web including viruses or otherwise.
These Terms and Conditions (as revised from time to time) and associated
information contained on the Website contain the full and complete
understanding between the parties and supersede all prior arrangements and
understandings whether written or oral appertaining to the subject matter of
these Terms and Conditions. Exabre Ltd reserves the right to amend and/or vary
these Terms and Conditions from time to time in its entire discretion.
These Terms and Conditions and all representations, obligations,
undertakings and warranties contained in it shall ensure for the benefit of any
successor and assignees of Exabre Ltd.
7. Use of Your Personal Data
We take your privacy very seriously and collection and use of personal
information is governed by our Privacy Policy. For full details of how we
intend to use your personal data, our Privacy Policy in full follows these
Terms and conditions.
8. Infringement of Intellectual Property Rights
At Exabre Ltd, we aim to respect the intellectual property rights of others.
If you believe that your work has been copied by Exabre Ltd in a way that
constitutes infringement of your intellectual property, please provide our
copyright agent with the following written information: (a) a physical or electronic
signature of a person authorized to act on behalf of the owner of the work that
is allegedly infringed; (b) identification of the copyright work claimed to
have been infringed; (c) identification of the material that is claimed to be
infringing or to be the subject of infringing activity and information reasonably
sufficient to enable Exabre Ltd to locate the material; (d)your full name,
email address, postal address and a telephone number on which you can be
contacted; (e) a statement by you that you have a good-faith belief that use of
the material in the manner complained of is not authorized by the copyright
owner, its agent, or the law; and (f) a statement that the information in the
notification is accurate, and under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of the work or right that is
allegedly infringed.
Exabre Ltd’s agent for notice of claims of copyright infringement on or
regarding the Website can be reached as follows:
By mail:
Attn: Copyright Agent
The Filter (Exabre Ltd)
17 Gay Street
Bath, BA1 2PH.
By email:
infringementcomplaint [at] thefilter.com
If you are unsure about your rights in respect of material, or whether there
has been an infringement of your rights, we suggest you take legal advice.
If you have a complaint concerning any video content provided by a third
party on the Website, or if you believe that your work is available on the player
in a way that constitutes copyright infringement, please contact the relevant
supplier (youtube, veoh, digg and break) in accordance with their own copyright
policy at:
http://www.youtube.com/t/terms
http://www.veoh.com/static/corporate/copyright.html
http://digg.com/tos
http://info.break.com/static/live/v1/pages/terms.html
9. Third Party Content and Information
The Website contains content that is provided for your convenience and
enjoyment. Third parties provide some of the content on the Website. You should
be aware that content on the Website might contain errors, omissions,
inaccuracies, outdated information, and inadequacies and that the content may
be subject to terms and conditions which may be found on the Website or in the
documents and policies of third parties. Exabre Ltd makes no representations or
warranties as to the completeness, accuracy, adequacy, currency or reliability
of any content on the Website and will not be liable for any lack of the
foregoing.
In addition, third party advertisers may offer goods, services and other
materials to you on the Website. Your correspondence and business dealings with
others found on or through the Website including, without limitation, the
payment and delivery of products and services, the delivery of videos, and any
terms, conditions, warranties and representations associated with such
dealings, are solely between you and the relevant advertiser. You agree that
Exabre Ltd will not be responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings or the offering of such products,
services, and other content on the Website. Under certain circumstances, we may
permit third party users to upload content, in which event you may be exposed
to offensive, indecent or objectionable content.
Descriptions of, or references to, products, services or publications within
the Web Sites do not imply endorsement of that product, service or publication.
10.
The Filter plug-in license agreement and warranty
Please read this software license agreement carefully before installing the
software. By installing the software you acknowledge that you have read this
agreement, understand it and agree to be bound by its terms and conditions. You
further agree that it is the complete and exclusive statement of the agreement
between AMG, Exabre Ltd and the end user and supersedes any proposal or prior
agreement. You further agree that if either AMG or Exabre Limited is required
to engage in any proceeding, legal or otherwise, to enforce its rights under
this agreement, AMG and Exabre Ltd shall be entitled to recover from licensee,
in addition to any other sums due, reasonable attorney fees, costs and
disbursements.
This license permits you to:
Install and use one copy of this software on one computer system at a time.
The rights granted herein are limited to Exabre's intellectual property rights
in The Filter Software and do not include any other patents or intellectual
property rights.
Use and access information from proprietary AMG databases, located on AMG
servers. AMG grants you a limited, non-exclusive, non-transferable, and non-sub
licensable right and license to access and use AMG Services only by means of
the intended End User functions of this application. You agree to only use the
AMG Services for your own personal non-commercial use.
You are not permitted to:
Make modifications to any portion of this software product.
1) Merge this software product or any portion of it into another program or
product.
2) Decompile, reverse engineer, disassemble, or otherwise reduce the
software to a human-perceivable form.
3) Rent, lease, loan, distribute or create derivative works based in whole,
or in part, upon the software.
4) Copy the software, except as an essential step in its use in conjunction
with a computer as permitted above, or for backup or archival purposes.
5) Copy, transfer to third parties or exploit AMG Data and Services, except
as expressly permitted herein; you may not remove any copyright, trademark,
trade names, logos or other intellectual property notices in AMG Services.
Copyright
All intellectual property rights in the Product and Documentation are owned
by Exabre Limited and are protected by United Kingdom copyright laws and
international treaty provisions.
Exabre Limited retains all rights not expressly granted. AMG reserves all
rights in the AMG Services, including all ownership rights. To the extent that
the End User provides any information or original works of authorship to be
added to AMG Databases, you represent and warrant that you are the sole author
of such work(s) and further hereby assign to AMG all rights of copyright
therein, including the right to register the copyright in such work(s) as part
of the AMG Database.
Limited Warranty and Limitation of
Liability
Exabre Limited warrants the media on which the software is furnished to be
free of defects in materials and workmanship under normal use for a period of
thirty (30) days from the date of shipment.
Users' exclusive remedy shall be the replacement of defective media that is
returned to Exabre Limited. Exabre Limited does not warrant that the operation
of the program will meet your requirements or that the operation of the
software will be uninterrupted, be error free, or that defects in software will
be corrected. The program is provided 'AS IS' without warranty of any kind. The
entire risk as to the quality and performance of the program is with the user.
If the program proves defective or inadequate, user assumes the entire cost of
servicing or repair. No oral or written information or advice given by an
Exabre Limited representative shall create a warranty or in any way increase
the scope of this warranty.
The AMG services and components thereof are provided to you "as
is". AMG makes no representations or warranties, express or implied
regarding the accuracy of the AMG services including and without limitation the
implied warranties of merchantability fitness for a particular purpose, title
and non-infringement. AMG does not warrant, guarantee or make any
representations regarding the correctness, accuracy, reliability or currentness
of the results that will be obtained by your use of the AMG services. Exabre
Limited makes no other warranty, either expressed or implied, with respect to
this product.
Exabre Limited specifically disclaims the implied warranties of
merchantability and fitness for a particular purpose.
The remedies provided herein are customer's sole and exclusive remedies.
Under no circumstances (including negligence), shall Exabre Limited or AMG be
liable for any lost profits, direct, indirect, special, incidental, or
consequential damages, whether based on contract, tort, or any other legal
theory, even if Exabre Limited or AMG has been advised of the possibility of
such damages. In no event shall Exabre Limited's total liability for damages,
losses and causes of action, whether in contract, tort (including negligence),
or otherwise, exceed the amount paid by you for the software.
Controlling Law
This license shall be governed by and construed in accordance with the laws
of England.
Termination
This license, your right to use this software and right to access AMG
Services shall automatically terminate if you fail to comply with any provision
of this license and warranty agreement. If your license terminates, you agree
to cease any and all use of the AMG Services immediately.
Complete Agreement
This License constitutes the entire agreement between the parties with
respect to the use of The Filter Software licensed hereunder and supersedes all
prior or contemporaneous understandings regarding such subject matter. No
amendment to or modification of this License will be binding unless in writing
and signed by Exabre Limited. Any translation of this License is done for local
requirements and in the event of a dispute between the English and any
non-English versions, the English version of this License shall govern.
11. Governing Law
These Terms and Conditions and any contracts made under them shall be
governed and construed in accordance with the laws of England and Wales whose courts shall be the
non-exclusive courts of competent jurisdiction.
