Welcome to www.bedlamandmayhem.com (the "Website") which is provided to you by Bedlam
& Mayhem Ltd.
(hereinafter either "we" or us").
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. YOU AGREE THAT YOUR AFFIRMATIVE
ACT OF ACCESSING AND USING THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THE TERMS
AND CONDITIONS OF THIS AGREEMENT, WHICH MAY BE AMENDED FROM TIME TO TIME ("AGREEMENT").
YOU FURTHER AGREE THAT YOUR AND USE OF THE WEBSITE CONSTITUTES YOUR ACKNOWLEDGEMENT
THAT YOU HAVE READ THIS AGREEMENT AND HAVE RETAINED A COPY FOR YOUR RECORDS.
To retain an electronic copy of this Agreement simply highlight the text of this
Agreement, and copy the text using the copy command. You should then open an application
such as Microsoft® Word or Notepad and use the paste command to paste the text of
the Agreement into the application. Please ensure that you save the Agreement to
a file of your choice.
2. Privacy Statement. The Privacy Statement explains the practices that apply to your
personal and other information we collect when you use the Website. Your ongoing
use of Website signifies your consent to the information practices disclosed in our
Privacy Statement. You can review the Privacy Statement by clicking on the "Privacy
Statement" link located on the homepage of Website.
3. Website Content. We may discontinue or change any service or feature on Website
at any time and without notice. The Website may include links to third party websites.
You acknowledge and agree that we are not responsible or liable for any content or
other materials on these third party sites.
1. Scope; Amendments; and Termination. These Terms and Conditions of Use govern your
use of the information and content provided through the Website. Nothing contained
in the Website shall be construed as granting you any right or license to any content
or information displayed, transmitted or otherwise communicated through the Website.
The actual sale of products and/or grant of rights and license is governed by the
terms of terms and conditions of sale executed by and between you and us ("Sales
Agreement"). We may change these Terms & Conditions of Use at any time. You are responsible
for checking these terms periodically for changes. If you continue to use Website
the new terms. Your right to use the Website automatically terminates if you violate
these Terms & Conditions of Use or our Sales Agreement, or upon expiration or termination
of our Sales Agreement for any reason whatsoever. We also reserve the right, in our
sole discretion, to terminate your access to all or part of Website, for any reason,
with or without notice.
10. No Waiver. We shall not be deemed to have waived any of its rights or remedies
hereunder unless such waiver is in writing and signed by us. No delay or omission
on the part of us in exercising any rights or remedies shall operate as a waiver
of such rights or remedies or any other rights or remedies. A waiver on any one occasion
shall not be construed as a bar or waiver of any rights or remedies on future occasions.
13. Notices. You agree that we may provide to you required notices, agreements and
other information concerning the Website electronically. If you want to withdraw
your consent to receive notices electronically, you must discontinue your use of
14. Entire Agreement. These Terms & Conditions of Use constitute the entire agreement
between you and us regarding the use of the Website and supersedes all previous written
or oral agreements. If any part of these Terms & Conditions of Use is held invalid
or unenforceable, that portion shall be deleted and the remaining portions shall
remain in full force and effect.
4. Obligations. You may not use the Website or any content or information contained
therein for unlawful purposes. You may not submit or transmit through Website any
material, or otherwise engage in any conduct that: violates or infringes the rights
of others including, without limitation, patent, trademark, trade secret, copyright,
publicity or other proprietary rights; is unlawful, threatening, abusive, harassing,
defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortuous,
or contains explicit or graphic descriptions, or accounts of, sexual acts; victimizes,
harasses, degrades, or intimidates an individual or group of individuals on the basis
of religion, gender, sexual orientation, race, ethnicity, age, or disability; impersonates
any person, business or entity, including their employees and agents; contains viruses
or any other computer code, files or programs that interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications equipment,
or otherwise permit the unauthorized use of a computer or computer network; encourages
conduct that would constitute a criminal offence, or that gives rise to civil liability;
with the use of Website by others. You may not use Website in any manner that could
damage, disable, overburden, or impair our servers or networks, or interfere with
any other party's use and enjoyment of the Website. You may not attempt to gain unauthorized
access to any information, user accounts, computer systems or networks, through hacking,
password mining or any other means. We may take any legal and technical remedies
to prevent the violation of this provision and to enforce these Terms & Conditions
5. Proprietary Rights. We and our suppliers own any and all of the copyrights, trademarks,
service marks, and other intellectual property rights ("IP") displayed, communicated
or otherwise transmitted on the Website. No right or license to the IP is granted
to you through these Terms & Conditions of Use or the Website. The IP is protected
by international treaties, and by copyright, trademark, patent, trade secret and
other laws, both foreign and domestic.
6. Warranty Disclaimer. We provide the Website "as is", "with all faults" and "as
available." We and our suppliers make no express warranties or guarantees about the
Website or any information, content or other material displayed, communicated or
otherwise transmitted through the Website. TO THE EXTENT PERMITTED BY LAW, WE AND
OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE WEBSITE AND ALL CONTENT DISPLAYED
THROUGH THE WEBSITE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY,
FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT
THE WEBSITE WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION
OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE WEBSITE, INCLUDING ANY PRODUCT OR SERVICES, WILL BE EFFECTIVE,
RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE
ABLE TO ACCESS OR USE THE WEBSITE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS)
AT TIMES OR LOCATIONS OF YOUR CHOOSING.
9. Assignment. We may assign or delegate its rights under this Agreement to any third
party. You may not assign this Agreement without our prior written consent. Any derogation
of the foregoing shall be deemed null and void.
11. Captions. The captions of sections hereof are for convenience only and shall not
control or affect the meaning or construction of any of the provisions of this Agreement.
12. Governing Law. The proper law governing this agreement shall be English and the
forum for settling any disputes under this Agreement shall be the English courts.
MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING
YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE
IN, STATE OR FEDERAL COURTS IN THE STATE OF NEW YORK OVER ANY DISPUTES OR CLAIMS
YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS
LOCATED IN THE STATE OF NEW YORK FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR
7. Limitation of Liability WE AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR
USE OF, INABILITY TO USE, OR RELIANCE UPON THE WEBSITE. THESE EXCLUSIONS APPLY TO
ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW
OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR
PARENT AND SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. YOUR SOLE
AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF
8. Indemnification. Upon a request by us, you agree to defend, indemnify, and hold
harmless us and our parent and other affiliated companies, and our respective employees,
contractors, officers, directors, and agents from all liabilities, claims, and expenses,
including attorney's fees that arise from your use or misuse of Website. We reserve
the right, at our own expense, to assume the exclusive defence and control of any
matter otherwise subject to indemnification by you, in which event you will cooperate
with us in asserting any available defences.