Terms and Conditions

CONDITIONS OF USE

1. Use of the Services and Web Site

This website and the goods and services on it are offered to you for your personal and non-commercial use only. Commercial use of this website is strictly prohibited.

You agree to comply with all applicable laws, statutes and regulations in connection with the use of the website and goods or services obtained via the website. The Goods and Services are together referred to as the "Supplies".

By using the website, you unconditionally agree to be bound by these terms and conditions.

1.1 Restrictions on Use

As a condition of your use of this website and the Services you agree that you will not:

(a) reverse engineer or decompile (whether in whole or in part) any software available through the website (save to the extent expressly permitted by applicable law);

(b) remove, change or obscure any product identification or notices of proprietary rights or any restriction on or in the Supplies and/or the website;

(c) remove any copyright, trade mark or other intellectual property right notices contained in material on the website or Supplies;

(d) make copies, modify, reproduce, republish, post, transmit, distribute or alter (including the creation of HTML links to or from the website) all or any part of the website or any materials contained on it.

1.2 Unlawful or Improper Use

You must not use the website or the Supplies for any unlawful purposes. In particular, you must not:

(a) publish, post, upload, distribute, disseminate or otherwise transmit, information or pictures that are obscene or pornographic, threatening, menacing, racist, sectarian, sexist, offensive, defamatory, libellous, or are alleged to be, or are in the opinion of  SPL Banter, otherwise unlawful;

(b) upload files that contain software or other materials in breach of any intellectual property rights or in breach of confidence;

(c) download any file of materials posted by another user that you know, or reasonably should know cannot be copied or otherwise used legally;

(d) harass, stalk, threaten or otherwise infringe the rights of others;

(e) hack into any website, deliver viruses or forward chain letters, surveys, contests, pyramid schemes or engage in any other behaviour likely to inhibit any other user from using and enjoying the website or the Services or that is otherwise likely to damage or destroy the reputation of the website;

(f) advertise or offer to sell goods or services;

1.3 Monitoring and disclosure

SPL Banter  reserves the right to disclose any information or material which may be provided by you if required by law or regulations and to remove, refuse to post or to edit any such information or material and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions.

2. USERNAMES AND PASSWORDS

Following any registration by you, SPL Banter will deliver your user name and password to you. Delivery may be by any reasonable means (including electronic or postal delivery).

You must keep your user name and password confidential at all times. Any breach of these terms and conditions by anyone to whom you disclose your password will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these terms and conditions.

You must take appropriate security measures to prevent unauthorised disclosure of your user name and password and you must notify SPL Banter immediately info@splbanter.com  if your password becomes known to any unauthorised user.

You must notify SPL Banter of any changes to your registration details.

3. INTELLECTUAL PROPERTY RIGHTS

This website (including the software used to operate it) and the trademarks and any information or material used in connection with the website and the Supplies are owned by SPL Banter and/or its licensors. You are not granted any right or interest in these except as stated in these terms and conditions.

4. OPERATION OF THE SERVICES AND WEBSITE

SPL Banter may at its sole discretion from time to time without notice change the format and content of this website and/or the Services and suspend the operation of the website and/or the Services, for example, for repair or maintenance work, or in order to update or upgrade the contents or functionality of the website and/or the Services.

You are responsible for obtaining and updating your own web browser, and for all amounts payable in respect of connection to the internet including any telecommunications charges for time spent online in respect of use of the website.

You will comply with all directions and instructions given by SPL Banter in relation to the use of and access to the website and the Services. SPL Banter does not accept responsibility for the security or content of any information which you may supply through the website or the Services and will not be liable for the content of any communications or messages received by you from other users.

SPL Banter does not accept responsibility for the security or content of any information which you may supply through this website or the Services and will not be liable for the content of any communications or messages received by you from other users including any content posted by other users in chat rooms.

5. DISCLAIMER AND LIMITATIONS OF LIAIBILITY

SPL Banter does not exclude or limit liability for death or personal injury resulting from its negligence or any other liability which may not, by applicable law, be excluded or limited.

Subject to the paragraph above in this clause 5, in no event shall SPL Banter, its directors, employees or other representatives be liable (whether for breach of contract, negligence or for any other reason) for any loss of profits, loss of sales, loss of revenue, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, software or data, loss of or waste of management or other staff time, or for any indirect, consequential or special loss (howsoever arising).

Subject to the two paragraphs above in this clause 5, SPL Banter’s liability to you whether in contract, tort or howsoever arising is limited to the amount paid by you to SPLBanter in respect of the relevant Supplies.

You shall indemnify and keep indemnified SPL Banter against any loss or damage arising from your unauthorised use of the website or your disclosure of any password or username and from all actions, proceedings, claims, demands, costs (including legal costs), awards and damages howsoever arising, directly or indirectly as a result of any breach or non-performance by you of any of your obligations under these terms and conditions.

SPL Banter supplies this website and the Supplies "as is" and, to the fullest extent permitted by law, makes no representations or warranties (express or implied) of any kind, including but not limited to, the accuracy, quality, suitability, fitness for purpose or completeness of any information or materials made available on this website or the Supplies, or any third party web sites linked from this website. SPL Banter shall not be liable for any action taken by you as a result of your relying on any information provided in this website or the Supplies or third party web sites or for any loss or damage suffered by you as a result of you taking such action or as a result of you purchasing any Supplies from a third party.

SPL Banter does not accept responsibility for the security or content of any information which you may supply through this website or the Services and will not be liable for the content of any communications or messages received by you from other users including any content posted by other users in chat rooms.

You are solely responsible for your use of this website, Supplies, any username, password and any information made available on this website from time to time and for any consequences or effects (whether direct or indirect) of such use.

SPL Banter does not warrant that this website or the Supplies will be uninterrupted or error or defect free and shall not be responsible for the non-performance or interruption of this website or the Services or for any viruses transmitted through this website or the Services.

Any links from this website to third party web sites do not constitute an endorsement by SPL Banter of any products or services available on such web sites and SPL Banter does not necessarily support or approve of them. You use such links entirely at your own risk and SPL Banter accepts no responsibility for the content or use of such websites or information contained in them.

6. TERMINATION

SPL Banter reserves the right to terminate this agreement and your access to this website and the Services at any time and without notice, for any reason whatsoever. SPL Banter also reserves the right to bar anyone from using this website and the Services.

On termination, you will immediately stop using any username and password and the Services and will return any such username and password to SPL Banter within 5 days of such termination and destroy (so that they cannot be retrieved) all records or copies you may hold of the username and password and any information about or obtained from this website and the Services.

7. GENERAL

These terms and conditions shall be governed by and interpreted in accordance with the laws of England and you consent to the exclusive jurisdiction of the English Courts in all disputes arising out of or relating to the use of this website or the provision of Supplies by SPL Banter. This website is operated and controlled by SPL Banter from its offices in the United Kingdom. SPL Banter makes no representation that information or material contained at its website is appropriate for use in other jurisdictions. Users who access the website from other jurisdictions do so at their own initiative and are responsible for compliance with any local laws.

You agree that SPL Banter may sub-contract the performance of any of its obligations or may assign these terms and conditions or any of its rights or obligations under them without notice. SPL Banter may delay enforcing its rights under these terms and conditions without losing them. If any provision of these terms and conditions is found to be unenforceable this shall not affect the validity of any other provision. SPL Banter may amend, vary or supplement these terms and conditions at any time. SPL Banter will post a notice of any such amendments on this website and such amended terms and conditions will automatically be effective. These terms and conditions (as varied from time to time) form the entire agreement of the parties and supersede all previous agreements, understandings and representations relating to their subject matter.