THE USE OF THE NOELGALLAGHER.COM WEBSITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS AND ANYONE USING THE WEBSITE SHALL BE DEEMED TO HAVE READ AND AGREED TO THESE TERMS AND CONDITIONS
This website http://www.noelgallagher.com is operated by Sour Mash Records Ltd. ("We", "Us", "Our" or as the context requires).
ACCESSING THIS WEBSITE
Access to this website is permitted on a temporary basis, and We reserve the right to withdraw or amend the service We provide on this website without notice. We will not be liable if for any reason this website is unavailable at any time or for any period.
From time to time, We may restrict access to some parts or all parts of this website to users who have registered to use certain services. Terms and conditions relating to use of these restricted services are set out below. We presently do not charge a fee for providing such services, although We reserve the right to do so in the future, provided that users will in such event be given the option not to receive the services from such time as a fee may be introduced.
You may use this website only for lawful purposes and in particular must not use it:
in any way that breaches any applicable local, national or international law or regulation or that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
for the purpose of harming or attempting to harm minors in any way;
to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below;
to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
You also agree not to access without authority, interfere with, damage or disrupt: any part of this website; any equipment or network on which this website is stored; any software used in the provision of this website; or any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on this website, including, without limitation Chat rooms and Bulletin boards (interactive services).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on this website, and We will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, We are under no obligation to oversee, monitor or moderate any interactive service We provide on this website, and We expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by any person under the age of 18 is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them. Where we do moderate an interactive service, We will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to this website (Contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contribution as well as to its whole.
Where they state facts - be accurate.
Where they state opinions - be genuinely held.
Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
Contain any material which is defamatory of any person.
Contain any material which is obscene, offensive, hateful or inflammatory.
Promote sexually explicit material.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right or trademark of any other person.
Be likely to deceive any person.
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal activity.
Be threatening, abuse or invade another person's privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass alarm or annoy any other person.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Give the impression that they emanate from Us, if this is not the case.
Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Seek to sell or solicit orders for any products of any nature.
By submitting a Contribution to this website, you grant to Us a non-exclusive licence to use that Contribution. Although you will still own the copyright in your Contribution, We will have the right to freely use, edit, alter, reproduce, publish and/or distribute the material contained in your Contribution. This licence will be free of charge, perpetual and capable of sub-licence. We may exercise all copyright and publicity rights in the material contained in your Contribution in all jurisdictions, to their full extent and for the full period for which any such rights exist in that material. Please also note that, in accordance with the content standards above, you must ensure that your Contribution does not infringe any copyright, database right or trade mark of any other person. By submitting your Contribution to this website, you warrant that you have the right to grant Us the licence described above. If you are not in a position to grant such a licence, please do not submit the Contribution. By submitting a Contribution you grant a right for other users to access and view that Contribution.
SUSPENSION AND TERMINATION
Immediate, temporary or permanent withdrawal of your right to use this website;
Immediate, temporary or permanent removal of any posting or material uploaded by you to this website;
Issue a warning to you;
Legal proceedings against you;
Disclosing such information to law enforcement authorities as we reasonably feel is necessary.
You consent to Us posting comments received from you relating to Our service on this website and to attributing them to you.
Where this website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. In respect of goods that you may purchase through any such sites or resources, we disclaim any warranties whatsoever in respect of such goods. This disclaimer does not affect any statutory rights you may have against the third party seller.
We do not guarantee that any links to third party websites contained on this website will function correctly.
You may link to the home page of this website, provided you do so in a way that is fair and legal and does not damage Our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where none exists. You must not establish a link from any website that is not owned by you.
This website must not be framed on any other site, nor may you create a link to any part of this website other than the home page. We reserve the right to withdraw linking permission without notice.
OUR INTELLECTUAL PROPERTY
All rights in the website design, text, pictures, graphics, audio-visual and sound materials, and the selection and arrangement of them and all software compilations, coding, underlying source code, software and all other material on this website are owned by Us or Our licensors unless otherwise acknowledged. ALL RIGHTS ARE RESERVED. Infringement of such rights may lead to criminal and/or civil sanctions in the UK, US and other countries. Where applicable, trade mark rights of third parties are acknowledged on this website.
Permission is granted to you to access the materials contained in this website solely for the purpose of using the services offered. Except as may be permitted by law, any other use of the materials on this website, including modification, copying, distribution or republication, is strictly prohibited.
In addition, you must not use any part of the materials on this website for commercial purposes without obtaining a licence to do so from Us or Our licensors.
If you believe that any content of this website in any way infringes intellectual property rights belonging to you or any third party, please contact Us immediately at the address provided below.
Viruses, Hacking and other Offences
Please note that viruses and similar destructive programs are an inherent risk of communication via the Internet.
We will use our reasonable endeavors to prevent contamination of any material sent to you with any virus or similar destructive code.
Neither We nor Our agents or contractors will be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.
It is your responsibility to scan any material you download from this website to ensure that it is free of such items as viruses, worms, trojan horses and other similar destructive code.
You must not misuse this website by knowingly introducing viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to this website, the server on which this website is stored or any server, computer or database connected to it. You must not attack this website via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use this website will cease immediately.
The material displayed on this website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, We, Our agents, contractors and third parties connected to us hereby expressly exclude:
all conditions, warranties and other terms which might otherwise be implied by statute or law;
any liability for any direct or indirect loss or damage incurred by you in connection with this website or in connection with your use, inability to use, or results of the use of this website, any websites linked to it and any materials posted on it, including, without limitation, any loss of income or revenue suffered by you in connection with this website or in connection with your use, inability to use, or results of the use of this website, any websites linked to it and any materials posted on it or for any other losses that We could not foresee as likely to be suffered by you at the date you first used this website.
This does not affect our liability for death or personal injury arising from our negligence, or for fraud or any other liability which cannot be excluded or limited under applicable law.
This website changes regularly.
We aim to update this website regularly, and may change the content at any time. If the need arises, We may suspend access to this website, or close it indefinitely. Any of the material on this website may be out of date at any given time, and We are under no obligation to update such material.
Jurisdiction and applicable law
If you wish to contact us, or have any concerns about material which appears on this website, please contact us at email@example.com
http://www.noelgallagher.com ("the Website") is an information service for fans of the artist Noel Galagher and Noel Gallagher's High Flying Birds provided free of charge. The Website is managed, controlled and administered by and on behalf of Sour Mash Records Ltd (SMRL). Every attempt is made to ensure that the contents of the Website are accurate. However, due to the nature of the content of the site it is impossible to ensure 100% accuracy and no liability will be accepted for any errors or omissions contained in the Website. Any complaints regarding the content of the site should be addressed in the first instance to firstname.lastname@example.org and sent via email.
Visitors to the Website are reminded touring schedules are subject to change at short notice and potential ticket purchasers are strongly advised to check the accuracy of information provided with local media and continue checking for any changes. Except where stated otherwise Neither the Website nor SMRL are agents for any ticket sales which are all provided via links to third party websites where details of the agents will be displayed. Whilst every effort will be made to update the Website at the earliest opportunity regarding cancelled, relocated or rescheduled concerts no liability will be accepted for any loss relating thereto. Visitors to the Website are advised of the risks of purchasing tickets to concerts involving international travel.
The Website and its contents are subject to copyright. Unless otherwise stated the copyright in and to the Website and its contents is the property of SMRL, Noel Gallagher or the originator of the item concerned, details of whom will be provided on request. Neither the Website nor any part of it may be reproduced without consent.
Please refer to our Competition Terms & Conditions for terms and conditions of competitions run on the Website.
THIRD PARTY WEBSITES
From time to time for the convenience of visitors to the Website links are provided to third party websites. SMRL are not responsible for the content of any third party websites and no warranties are made in respect to them.
The Website includes a bulletin or message board. Visitors to the site are referred to the Message Board Terms & Conditions of use should they wish to enter or read the bulletin board.
SUBMISSIONS TO SITE
Submissions to the Website must not infringe the rights of any third parties, contain any material that is offensive or inflammatory in any way or contain any material that is reproduced in breach of copyright legislation.
The Website is governed by the laws of England and Wales and any disputes shall be subject to the jurisdiction of the courts of England and Wales.
COMPETITION TERMS & CONDITIONS
The Competitions are only open to individuals registered on the Noel Galagher mailing list.
The Competitions are NOT open to employees of Sour Mash Records, Big Brother Recordings, Ignition, Oasis, Sony Music or any company or agency connected with these companies or their family members.
No purchase is necessary to enter the Competitions.
Entry into one of the Competitions will be deemed as acceptance of these terms and conditions.
Generally, the Competitions are open to all ages. If however by nature of the prizes in a specific competition we have to set a minimum age this will be stated on the competition web page. If a minimum age is stated then you must be of the minimum age or over to enter.
Only one entry per person can be accepted.
No cash alternative to the stated prizes are available. The judges' decision is final and no correspondence will be entered into.
The closing date for each Competition is as stated on the competition web page and only entries submitted via the form on the competition page by that date will be considered. The judges cannot accept responsibility for late entries. Proof of sending email is not proof of receipt of entry. Entry cannot be accepted if all details are not provided. Winners will be notified by email. If an entrant is drawn as a winner and the information provided is invalid, not accurate, the email bounces or is not replied to within 30 days then another winner will be chosen.
Entrants acknowledge that their entries may be released or displayed to the public by Sour Mash Records Ltd or any agency connected with the competition and assign all rights necessary for promotion, publication or of such entries to Sour Mash Records Ltd. Winners agree to grant Sour Mash Records Ltd or any agency connected with the competition the right to use their name and likeness for advertising and publicity purposes without further consultation or any additional compensation.
The Competitions shall be governed by the laws of England and Wales. Amended 29 January 2004.
MESSAGE BOARD TERMS & CONDITIONS
While the administrators and moderators of this forum will attempt to remove or edit any generally objectionable material as quickly as possible, it is impossible to review every message. Therefore you acknowledge that all posts made to these forums express the views and opinions of the author and not the administrators, moderators or webmaster (except for posts by these people) and hence will not be held liable.
You agree not to post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-oriented or any other material that may violate any applicable laws. Doing so may lead to you being immediately and permanently banned (and your service provider being informed). The IP address of all posts is recorded to aid in enforcing these conditions. You agree that the webmaster, administrator and moderators of this forum have the right to remove, edit, move or close any topic at any time should they see fit. As a user you agree to any information you have entered above being stored in a database. While this information will not be disclosed to any third party without your consent the webmaster, administrator and moderators cannot be held responsible for any hacking attempt that may lead to the data being compromised.
By registering for this forum you agree to be bound by these conditions.
STORE TERMS & CONDITIONS
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE
All Web site design, text, graphics, the selection and arrangement thereof, and all software compilations, underlying source code, software (including applets) and all other material on this Web site are copyright Sour Mash, and its affiliates, or their content and technology providers. ALL RIGHTS RESERVED.
Permission is granted to electronically copy and to print in hard copy portions of this Web site for the sole purpose of placing an order with Noel Gallagher or using this Web site as a shopping resource. Any other use of materials on this Web site--including reproduction for purposes other than those noted above, modification, distribution, or republication--without the prior written permission of Noel Gallagher is strictly prohibited.
Noel Gallagher and/or other Noel Gallagher services referenced on this Web site are either trademarks or registered trademarks of Noel Gallagher in the U.K. and/or other countries. Other product and company names mentioned on this Web site may be the trademarks or registered trademarks of their respective owners.
CONDITIONS OF WEB SITE USE GOVERNING LAW AND CONTRACT FORMATION
No contract will subsist between you and Noel Gallagher for the sale by it to you of any product unless and until Noel Gallagher accepts your order by email confirming that it has shipped your product. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time Noel Gallagher sends the email to you (whether or not you receive that email). For the avoidance of doubt, any such contract will be deemed to have been concluded in the United Kingdom. Further, any such contract will be interpreted, construed and enforced in all respects in accordance with the laws of England, and you and Noel Gallagher irrevocably submit to the non-exclusive jurisdiction of the English Courts. For the avoidance of doubt, no contracts are formed between consumers and Noel Gallagher via transactions conducted on this Web site or otherwise.
TO THE FULLEST EXTENT PERMITTED AT LAW, NOEL GALLAGHER IS PROVIDING THIS WEB SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEB SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, NOEL GALLAGHER DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEB SITE IS ACCURATE, COMPLETE OR CURRENT.
Price and availability information is subject to change without notice.
Except as specifically stated on this Web site, to the fullest extent permitted at law, neither Noel Gallagher nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this Web site or the information, content, materials or products included on this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. For the avoidance of doubt, Noel Gallagher does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of Noel Gallagher, its affiliates, directors, employees or other representatives.
Customers who access this web site from locations outside the United Kingdom do so at their own risk and on their own initiative and are responsible for compliance with local laws, to the extent that any local laws are applicable. All terms and conditions contained on this web site shall be governed by and construed in accordance with English law. By using this web site, you hereby submit to the exclusive jurisdiction of the courts of England and Wales for the resolution of any dispute arising under or in connection with these Terms or your use of this web site. Nothing in these Terms shall in any way be deemed to restrict or affect your statutory rights under English law.