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Terms and conditions
General Terms and Conditions
*1. Introduction*
Welcome to the terms and conditions for jazzgreatsonline.com
These terms and conditions explain your rights and obligations. Please read them carefully as your continued use of this website indicates that you accept these terms and conditions. Please contact us with any enquiries, comments, or complaints.
*1.1. Definitions*
Our website is operated by Octavian Direct Ltd. The terms, "we", "us", or "our", refer to Octavian Direct Ltd.
The terms “download” and “downloads” refer to material provided by us to our subscribers and includes any free material provided prior to subscription.
Octavian Direct Ltd. is registered in England, company registration number 6255626. (VAT registration no. GB928 1390 16), registered office 30-34 New Bridge Street, London, EC4V 6BJ.
*1.2. Complete agreement and privacy*
The Octavian Direct Ltd privacy policy forms part of these terms and conditions, and together they contain all of the terms relating to the use of our websites.
*1.3. Variation of terms and conditions*
We reserve the right to change these terms and conditions from time to time, and the amended terms will be posted on our websites.
*2. Purchasing and ordering*
To buy goods or services from us you must be over 18.
*3. Materials in site and software rights*
3.1. All copyrights, trademarks, patents, design rights, and other intellectual property rights relating to our websites (including, but not limited to, the underlying software, the design, graphics, layout, feel, and structure of our websites) will be and remain the sole property of us and our licensors.
3.2. You may view, use, download, and store the material on this website for personal and research use only. Commercial use is not permitted. Redistributing, republishing, copying, adapting or otherwise making material on this website available to third parties is prohibited. This incudes (but is not limited to) the pdf and mp3 files.
3.3. Unauthorised use of our website may give rise to a claim for damages and/or be a criminal offence.
3.4. The information in this website is given in good faith and for general information and interest only. It is subject to change without notice. We make every effort to ensure that the information on our websites is correct but we cannot guarantee that it is 100% free of inaccuracies, errors and omissions.
*4. Copyright*
4.1. All of the jazzgreatsonline content provided by us (including any downloads and such content in any member forums) is protected by English and International copyright laws and that copyright is owned or controlled by Octavian Direct Ltd. Unless otherwise stated, we reserve all rights in that copyright. This means, for example, that you may not copy, issue copies to the public, perform, show, broadcast or make any adaptation of any of that content without our permission.
4.2. Much of the content to which you will have access on the Internet is protected by copyright laws and by other laws relating, for example, to trade marks. These laws are designed to protect the suppliers of that content and you should be aware that you may breach those rights if you use that content in a way which contravenes any restrictions imposed by those suppliers. You take full responsibility if you do breach those rights.
4.3. Whenever you submit content to a Member's forum or any other area to which subscribers have general access (not including members' webspace), you are deemed automatically to have granted to Octavian Direct Ltd. a licence to use that content in any way that it wishes. That licence is perpetual, irrevocable and royalty free. You are also deemed to have waived any moral rights which you may have had in that content and to have warranted to Octavian Direct Ltd. that you are the owner of any copyright or similar rights in that content, and that any moral rights in that content belonging to another person have been waived.
*5. Our liability*
5.1. Users of this website are responsible for any decisions they take based on information provided on the site. We do not accept liability (as far as permitted) for any loss arising from using or relying on information or links included in this site.
5.2. Arrangements made between you and any third party named or referred to on the website are entirely at your sole risk and responsibility.
5.3. You agree to indemnify and hold us harmless from any liability, loss, claim, and expense (including reasonable legal fees) related to any breach by you of these terms and conditions or arising from your use of our website.
5.4. Except as set out in clause 5.5, we shall not be liable to you in connection with this Agreement for losses that are not a reasonably foreseeable consequence of our actions. You shall not use our website for commercial purposes. Octavian Direct Ltd. shall not be liable for any loss of profits, loss of contracts, loss or corruption of data, or other economic loss arising in connection with this Agreement.
5.5. These terms and conditions do not exclude our liability (if any) to you for personal injury or death resulting from our negligence, or for any matter which it would be illegal for Octavian Direct Ltd. to attempt to exclude its liability and do not affect your statutory rights.
5.6. Except as set out in clauses 5.4 and 5.5, our liability to you is limited to £10,000 for any event or related series of events and £20,000 for all events in any period of 12 months.
5.7. Our website may contain links to other sites, which are outside our control and are not covered by these terms and conditions.
5.8. If you access other sites using the links provided, we cannot be responsible for the content of those sites or for the way in which they deal with you or use any information they may acquire about you.
5.9. Octavian Direct Ltd. tries to meet AAA standards of accessibility, but cannot guarantee that this website or any downloads from it will be compatible with all hardware and software that may be used by subscribers to the site.
5.10. As we rely on you to provide us with up-to-date and accurate contact details, we shall not be liable to you for any loss or claim arising from your failure to provide us with accurate and/or up to date contact details.
*6. Your liability*
You shall compensate us in full if we incur any losses or if any claims or legal proceedings are brought or threatened against us by any other person arising from your use of our website.
*7. Acceptance of these terms*
This Agreement is deemed to be made in England and is subject to English law and the exclusive jurisdiction of the English courts.
*8. Matters beyond reasonable control*
Neither party is liable for any breach of this Agreement that is caused by a matter beyond its reasonable control, including acts of God, fire, lightning, explosion, war, flood, industrial disputes, sabotage, extremely severe weather, or acts of local or central Government or other competent authorities.
*9. Linking policy*
9.1 Octavian Direct Ltd. is completely independent. We do not take funding from Government or companies and we do not display advertising on any of our websites. We will only link to:
* specific pages, documents and sites which are relevant to a particular piece of content on our site.
* sites which we genuinely believe to be of interest to our customers
9.2 We welcome links to our websites. If you want to display the content of our website surrounded or framed by material not originating from Octavian Direct Ltd. you must obtain prior written permission from Octavian Direct Ltd. Please contact editor@octavian-direct.com for such permission.
9.3 Any link to our website must comply with the following conditions:
(i) the link must consist of the following text only: jazzgreatsonline.com and the URL
(ii) the link must not create the impression that your organisation or
any of its products or services is recommended by or associated in
any way with jazzgreatsonline.com
(iii) the existence of the link, its position, appearance or any other
aspect of it must not damage or be likely to damage the name or
reputation of jazzgreatsonline.com or Octavian Direct Ltd.
(iv) selection of the link by a user must display our website as a full
screen and not within a frame on the website on which the link appears.
(v) you shall take all reasonable precautions to ensure that the use and
existence of the link does not cause the transmission to our
website of viruses or other deleterious programming routines.
9.4 We reserve the right to require the removal of any link to our website at any time (whether or not previous consent to such link has been given).
*10. Purchasing of a jazzgreatsonline.com subscription*
10.1. The subscription is for 80 issues delivered weekly.
10.2. Each issue will be supplied via a link delivered by email. You must have a functioning email account to receive the product.
10.3. The price that you pay for your first issue is guaranteed to be the price you will pay for each subsequent issue until your subscription ends.
10.4. Each issue can only be downloaded once. The link will expire once this has been done.
10.5. The price paid is for 4 x the issue price for your country, in advance. You will automatically be charged for each subsequent 4 issues as they become due. You will not normally be asked to re-authorize each monthly payment. 20 monthly payments will be taken in total. You do not need to cancel the payments when you have completed the collection.
10.6. If you wish to cancel at any time, we require on months’ notice of cancellation and no refunds can be made of money already paid. All parts remaining will be delivered as usual during the cancellation period. Please email cancellation@octavian-direct.com to cancel your subscription or write to Octavian Direct Ltd. 25 Denmark St. London WC2H 8NJ
10.7. All prices include VAT where payable at the current rates.
10.8. All orders are subject to acceptance and product availability. By submitting your order you are offering to buy the products at the price set out in the order and allowing us to use your personal details to supply the products.
10.9. We aim to process your order within 4 hours, but please allow up to 48 hours for delivery.
10.10. You can pay by credit or charge card. We accept Amex, MasterCard, Visa, and Maestro. Or you can pay directly via your PayPal account. Payments will show on your bank/credit card statement as being made to Octavian Direct Ltd.
10.11. All credit, charge-card holders and PayPal account holders are subject to validation checks and authorisation by the card issuer and/or PayPal.
10.12 If the issuer of your payment card refuses to authorise payment to us, we will not confirm acceptance of the order, no contract will be formed, and we will not be liable for any delay or non-delivery. You do not own the goods until we receive payment in full.
10.13. We are not obliged to supply the products you have ordered until we have confirmed that we have accepted your order. No contract will exist until we have accepted your order.
10.14. Please note that your statutory rights are not affected.
*11. Provision of and access to jazzgreatsonline.com*
11.1. We will allocate you a username and password promptly once we have accepted your application to receive access to jazzgreatsonline.com and the downloads.
11.2 Your login will be your user name.
11.3. You are entitled to use and access jazzgreatsonline.com in accordance with these terms and conditions from the time you receive a username and password until your subscription is terminated in accordance with these terms and conditions.
11.4. Your right to use and access jazzgreatsonline.com is personal to you, and you must not allow any other person to gain access to our site using your username and password. You must keep your username and password confidential.
11.5. We reserve the right to update, suspend, vary, withdraw or reintroduce jazzgreatsonline or any part of it as we believe most appropriate for us and our clients.
*12. Your personal information*
We will collect personal information in connection with the service we provide. The Octavian Direct Ltd. privacy policy http://www.jazzgreatsonline.com/privacy-policy.php has details on what information we collect, what we do with that information, and other related matters such as cookies.
*13. Member Forums*
13.1 Octavian Direct Ltd. staff will positively encourage the lawful use of and
contribution to Member forums. Forums will come into existence by
various means including editorial contribution and subscriber
suggestions. The forums will be the primary means of enabling
subscriber-to-subscriber advice and groups of like-minded subscribers,
to co-operate and achieve common aims.
13.2 We reserve the right to monitor the use of these forums to ensure
lawful use, but we have no obligation to do so.
13.3 Steps which we have the right to take:
* Octavian Direct Ltd. staff are trained to identify unlawful use of the forums and take appropriate action where necessary, but they are not obliged to monitor postings for the purpose of moderation. With the likelihood of many thousands of subscribers contributing to the Member forums, it would not be possible for Octavian Direct Ltd. staff to monitor all postings * Octavian Direct Ltd. may operate a search facility within the Member forums to identify postings containing key words likely to indicate that material contained within that posting would be unlawful or offensive. The judgement as to what is offensive will rest with the Editor of jazzgreatsonline and will take full account of the views expressed by subscribers * We reserve the right, in appropriate cases, to access or provide access to the content of Member forums and to private e-mail communications between or involving subscribers to the courts, the police and similar authorities where we are required to do so or where, in our discretion, we consider that such disclosure is necessary.
As the legal position develops, we will review our policy.
*14. Forums rules*
14.1. We offer jazzgreatsonline subscribers access to the Forums. The Forums are a place where subscribers can post and read messages. There is no extra charge for using the Forums.
14.2. You may use the Forums to discuss the jazzgreatsonline issues and other jazz related matters with other subscribers. Subject to the following restrictions, you will be free to post messages about issues of interest and/or concern.
14.3. If you choose to post a message you may disclose personal data about yourself to other subscribers to jazzgreatsonlne (who may be outside the European Economic Area), but you must not, through using the Forums, collect, store, or otherwise process personal data about other subscribers to jazzgreatsonline.
14.4. We reserve the right to remove any message posted on the Forums.
14.5. If, while using jazzgreatsonline, you discover anyone in breach of clauses 16 and 17 below, you shall inform us straight away.
14.6. We shall not have any liability to you in respect of any messages posted by other subscribers to jazzgreatsonline.
*15. Unlawful Material And Material Likely To Cause Offence*
15.1 We reserve the right to monitor the material within jazzgreatsonline to verify that the site contents comply with UK law, advice from agencies (such as the Police and DTI) and that the content complies with best practice, as agreed by trade associations and other relevant bodies. Further, we will work with all of these bodies to identify and implement improvements to jazzgreatsonline.
15.2 However, we are under no obligation to monitor the jazzgreatsonline web site (other than material provided directly by us), and are not liable for any contravention of the law resulting from subscribers' use of jazzgreatsonline.
15.3 Steps which we have the right to take:
* Access and/or remove any material which is in breach of the Terms and Conditions;
* Co-operate with the above bodies and/or the courts to access and/or remove, where appropriate, any material which is in breach of the Terms and Conditions.
*16. Your obligations for use of the Forum*
16.1. You must comply with any laws local to you wherever you are physically present when you access the Forums or post or read a message.
16.2. You must treat everything you read or post as private and confidential to the Forums and other subscribers to jazzgreatsonline.
16.3. You are responsible for ensuring that any message that you post on the Forums is free from any error.
16.4 In order that all subscribers can gain maximum benefit and enjoyment from jazzgreatsonline, it is imperative that we all use the service in a legal, sensible and courteous manner. Please bear this in mind both in relation to those you are communicating with and those who are the subject of your communication. The following are examples of actions and material which would be unacceptable:
* using jazzgreatsonline for unlawful purposes - for example, sending or posting material which is indecent, racist or defamatory
* harassing other subscribers;
* any use which is intended to disrupt or vandalise the Service;
* breaching any person's copyright or moral rights;
* unsolicited advertising, pyramid selling, chain letters.
16.5 For these reasons, you must read and agree to our Terms and Conditions before subscribing to jazzgreatsonline. If you have any queries about the Terms and Conditions you should contact us.
16.6 Inevitably, we cannot monitor the information made available to you either by other subscribers or as a result of your access to the Internet. Accordingly, we accept no responsibility for screening, policing, censoring or editing any such content and we have no liability to you for that content. We rely on you to observe these guidelines and comply with the Terms and Conditions. If we find that you are not using the service properly we reserve the right to terminate your use of the service immediately and, if necessary, take legal action against you.
16.7 To ensure the continuing quality of our service, telephone calls and/or emails to our Technical Support and Customer Support may be monitored or recorded for training purposes.
16.8 With regard to our policies in particular areas of the Service, we refer you to the Policy Statements: Unlawful Material and Material likely to cause offence; Member forums; Internet access; E-mail; Copyright.
*17. Prohibitions for use of the Forum*
17.1. You must not publish, post, distribute, disseminate, or otherwise transmit anything that: offends common standards of courtesy or decency; is reasonably likely to breach technology export restrictions or financial services laws or to be invasive of privacy; is defamatory, obscene, pornographic, blasphemous, seditious, objectionable; or is unlawful, offensive, or regarded as such for racial, ethnic, or sexual reasons; any use which is intended to disrupt or vandalise the service.
17.2. Advertising, chain messages, spam, and press releases are prohibited on the Forums.
17.3. You must not use the Forums to infringe the rights of any third party, including, but not limited to, any patent or trade mark or trade secret, or to break any copyright restrictions on anything said or repeated on the Forums.
17.4. You must not use the Forums to: access and/or use confidential information; attempt to discover and/or use the password and account details of another subscriber; or attempt to impersonate any other person.
*18. Name*
18.1. You confirm that you are the owner of, or that you have been authorised by the owner to use, any trade mark or name requested by or allocated to you.
18.2. We cannot guarantee that any name requested by you will be available or approved for use.
18.3. If we have reasonable grounds for thinking that the name you have chosen is in breach of clause 17.1 above, we may ask you to choose a replacement name.
*19. Duration of service*
19.1. Your use of jazzgreatsonline shall continue until terminated by either you or us. Any notice of cancellation you send us takes effect on the last day of the month it is received by us.
19.2. If you or we give notice in accordance with 19.1 above, this Agreement shall continue up to the date that the notice expires.
*20. Assignment*
20.1. You shall not assign or otherwise transfer this Agreement to any other person without obtaining our prior written consent.
20.2. We reserve the right to assign all or part of this Agreement at any time to any company or person.
*21. Default*
21.1. If you do any of the following, we may terminate this Agreement immediately;
* do not pay the charges as they become due
* breach this Agreement in any other way
* become the subject of bankruptcy or insolvency proceedings
21.2. If the Agreement is terminated under this clause, you will still be liable for all charges that you owe us up to the date of termination.
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