This website is operated by hmv Ireland Online Limited ("hmv", "Us", "We" or "Our"), a company registered in the Republic of Ireland (company number 534703) whose registered address is Alexandra House, The Sweepstakes, Ballsbridge, Dublin 4, Ireland. Our VAT registration number is 3237447UH.
These Web Site Terms and Conditions (the "Terms"), which incorporate the Privacy Statement, govern your use of xtra-vision.co.uk and www.xtra-vision.ie (the "Site"). By accessing and browsing the Site you accept these Terms and the Privacy Statement. If you do not agree to them please do not use this Site.
1. Material on the Site
All materials (including all software, photographs, and any video clips, graphics, sound and/or audio recordings taken from films shown on the Site) and other content (together the "Content") contained in this Site are the property of hmv, its affiliates and/or licensors. The Content may not be used except as provided for in these Terms, without the written permission of hmv, its affiliates or such third party licensors. Where Content published on the Site is supplied by third parties We do not purport to endorse such Content in any way. All Content which is offered by third parties, is published in good faith but We do not (to the extent permitted by applicable law) accept any responsibility for the accuracy, reliability, timeliness, or otherwise of such Content (whether published on or offline) or for the use of such Content.
2. Your Use of the Site
This Site is provided to you free of charge, and this Site and the services provided through it are for your personal, non-commercial use. You may only make use of the Content to the extent necessary to allow you to use the Site and the services provided through it as is permitted by these Terms. You shall not use the Content /and or Site for any illegal or immoral purpose, or otherwise frame, link or deep-link this Site to any other web site without Our prior written consent. You agree that you will not:
3. Intellectual Property
The Content of the Site is protected by copyright, database right, trade mark law and other international intellectual property rights. The owner of these rights is hmv, its affiliates or other third party licensors. You acquire no rights or licences in or to the Site or any of its Content, other than the limited right to use the Site in accordance with these Terms or in order to use services available on the Site. All product and company names and logos mentioned in the Site are the trademarks or trading names of their respective owners, including Us. You may not modify, copy, reproduce, republish, disassemble, decompile, reverse engineer, create derivative works from, interfere with, display, circulate, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from the Site, including but not limited to text, graphics, video, messages, code and/or software without Our prior written consent, except where expressly invited to do so on the Site, for example, in order to complete any test or questionnaire.
4. Your Creative Materials
It is Our policy not to accept or consider creative materials, ideas or suggestions other than those We specifically request. This is to avoid any misunderstandings if your ideas are similar to those We have developed independently. If you transmit to Us by electronic mail or otherwise, any communication or material, you will be deemed to have granted Us and Our affiliates a perpetual, world-wide, royalty-free, irrevocable licence to use such communications or material in any way We deem fit, including granting sub-licences to third parties. hmv and its affiliates are free to use any ideas, concepts, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
Where you need to complete a registration process in connection with the Site you must provide current, complete and accurate information about yourself as prompted. If you need to change any of your personal details including for example, your credit or debit card details, you may amend such information by clicking on My Account. We will process your personal information in accordance with Our Privacy Statement.
When you register to use the Site, a new username and password will be created. You may not share these with any third parties. You are solely responsible for all use of and for protecting the confidentiality of any username, email verification and password used by you in connection with the Site. You must notify Us immediately of any unauthorised use of them or any other breach of security regarding the Site that comes to your attention.
Please see Our Cookies on this Website statement for information as to what Cookies are and why We use them on this Site.
7. Purchases from, and Services on, this Site
If you are interested in purchasing a product from the Site, please take the time to read the relevant terms and conditions (being the Online Product Sales Terms and Conditions). They will govern your purchases from the Site. You will be required to indicate your consent to the relevant terms and conditions before you can go on to make purchases.
From time to time We may run competitions on this Site. Your participation in such online competitions will be governed by specific competition terms and conditions, which you will be asked to agree to before you can enter a competition. In the event of any conflict between these Terms and the competition terms and conditions, the competition terms and conditions shall prevail to the extent that the conflict relates to your participation in any online competition.
9. Warranty and Liability
This Site, its Content, and any software products and services offered through it are provided on an "as is" and "as available" basis. We will carry out Our responsibilities in hosting the Site and its Content with reasonable skill and care, but We do not guarantee that it will be fault free or meet your requirements – if you identify a fault please report it to [email protected] or [email protected] so that We can attempt to correct it. We do not make any other promises or warranties about the Site, its Content, any software products and services offered through the Site, or Our performance of the responsibilities assigned to Us in these Terms.
You bear the risks associated with your use of the Internet. In particular, You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use, and is compatible with, the Site. We do not give any warranty that the Site or its servers are free from viruses, worms, cancelbots, "Trojan Horses" or anything else that has contaminating or destructive properties. We shall not be liable for any damage to, or viruses that may infect your computer equipment or other property following your access to, use of, or browsing on the Site or your downloading of any Content. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
Save in respect of death or personal injury resulting from Our negligence or fraud, neither hmv nor any of its directors, employees or other representatives will be liable for loss or damage (whether direct or indirect) howsoever arising out of or in connection with your use of the Site. We do not accept liability for any losses or claims arising from any inability to access the Site or any failure to complete a transaction.
10. Accuracy of Information
Whilst We use reasonable efforts to include accurate and up to date information in the Site, to the fullest extent permitted by law, We exclude all warranties, whether express or implied, or representations as to its accuracy, suitability, timeliness or completeness. We do not assume any liability or responsibility for any errors or omissions in the Content of the Site.
11. Linked Sites
In order to increase your enjoyment of the Site, We include links to websites and materials controlled by other individuals and organisations. We will act responsibly in including any such links on the Site, however We assume no responsibility for the contents or privacy practices of any other web sites to which the Site has links. We shall not be held responsible or liable for any loss or damages caused by use of or reliance on any content, goods or services available on such linked sites.
12. Consequences of Your breach of these Terms
You acknowledge that should you breach these Terms We may suffer loss and damage (which may or may not arise out of third party claims against Us due to any such breach committed by you). This may result in you being responsible under law for reimbursing Us all reasonable costs, losses and expenses (including any of Our lawyers’ fees) incurred by Us or by Our affiliates or licensors, if they are incurred as result of any breach by you of these Terms.
13. Severance and Waiver
Any failure or delay by Us in exercising any right or remedy under these Terms shall not prevent Us from being able to enforce that, or any other right or remedy at a later time. If any provision of these Terms is held to be invalid or unenforceable by any court or other competent authority, all other provisions will remain in full force and effect.
14. Termination and Assignment
We reserve the right to terminate your access to this Site at any time with or without cause or notice. If your access is suspended or terminated you must not use or re-register on the Site without Our prior consent.
We reserve the right to assign or sub-contract any or all of Our rights and obligations under these Terms. Where We do so, We will take steps to ensure that it does not affect your ability to rely on the rights that you may have under these Terms. These Terms are personal to you and are entered into by you for your own benefit and not for the benefit of any third party – you may only transfer or assign your rights under these Terms with Our prior consent, which We will not unreasonably withhold.
15. Failure to Perform
Neither of us will be liable to the other for any breach of these Terms due to causes beyond its reasonable control.
16. Use of Site by Children
Some of the sound or audio recording files contained on the Site may not be suitable for young children and parents are advised to supervise their children's use of the Site.
All sound and audio recordings taken from films on the Site are subject to copyright as owned by their respective film production companies. For the avoidance of doubt you may not copy, reproduce, download, modify or in any other way, electronically or otherwise, commercially exploit any, including any part of, the sound and audio recordings on this Site. Such extracts are provided on this Site for informational purposes only.
18. Complaints and Customer Queries
All If you have any complaints or queries concerning Our services, the rental or purchase of any products from Our Site, technical problems etc, you can contact our Service Team by:
19. Amendments to these Terms
We reserve the right to update these Terms at any time. When We do so, We shall take all reasonable and appropriate steps to make you aware of such changes, for example, We will publish the amended version on the Site home page. These amended Terms will take effect from the time they are first published on the Site, and from then on will govern your use of it. If you do not agree with the amended Terms, you must cease to use the Site.