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Terms of Use

Version date: September 2013.

Welcome to the Zygolex.com website, operated by Sirius Media Services. If You continue to browse and use the Site and/ or the related App You are agreeing to comply with and be bound by the following terms and conditions of use which, together with Our privacy policy, govern Our relationship with You in relation to the Site and the App. If You disagree with any of these terms and conditions please do not use this Site.

  1. Definitions
    • “Sirius”, “We”, “Us” or “Our” means Sirius Media Services Limited, whose registered office is at 37 Lower Brook Street, Ipswich IP4 1AQ. Our company registration number is 2168192 and our VAT number is 420 6895 49.
    • “You” or “Your” means any person who accesses, browses or uses the Site and/or the App.
    • “Site” means the Zygolex.com website.
    • “App” means the Zygolex application(s).
    • “Content” means all or part of any text, graphics, layout, logos, images, audio or film material, product details and/or software published or otherwise available on the Site or through the App.
  2. Variations to terms and conditions
    1. 2.1 We reserve the right to make changes from time to time to any part of the Site or the App and to vary these terms and conditions. If We do make any changes to these terms and conditions We will also change the ‘Version date’ above.
    2. 2.2 We encourage You to revisit this document periodically to ensure that You are at all times fully aware of its contents. Your continued use of the Site and/or the App constitutes Your acceptance of the changes in terms and conditions.
  3. Registration
    1. 3.1 Access to the Site or certain areas of the Site may require that You register. In the event that You are required to register You must provide accurate and complete registration information, and it is Your responsibility to ensure that such information (including Your email address) is kept up-to-date and accurate.
    2. 3.2 If You register with Us and choose, or are provided with, a password as part of the registration process You must treat Your password as confidential and must not disclose it to any third party.
    3. 3.3 Registration is at Your own risk and We will not be liable for any unauthorised activity made using Your user name or password.
    4. 3.4 We reserve the right to refuse to accept any user name which duplicates another user name or is deemed (at Our sole discretion) to be inappropriate or offensive.
  4. Intellectual Property
    1. 4.1 We are the owner or the licensee of all intellectual property rights in the Site, the App and the Content, all of which are protected by copyright, trademark, patent and other laws.
    2. 4.2 Subject to these terms and conditions We grant You a limited, temporary, revocable and non-exclusive licence to access, browse and use the Site, the App and the Content (excluding any software code) for Your personal use only. The licence may not be assigned, transferred or sub-licensed (in whole or in part) without Our prior written consent.
    3. 4.3 You may only copy, download and reproduce the Content for Your own personal use. You may only store such downloaded Content on Your own personal computer (but not on any server or other storage device connected to a network). You must not use it for reproduction on any other website or in any other way for commercial purposes or financial gain unless You first obtain Our written consent.
    4. 4.4 You may not impose on the Site any metatags, hyperlinks or other forms of linkage whatsoever to any other website unless You first obtain Our written consent.
  5. Exclusions and limitations of liability
    1. 5.1 Neither Sirius nor any of Our data providers gives any warranty or guarantee relating to the availability of the Site or that the Site, the App, the Content or the server(s) that make the Site and the App available are free of error, virus or other harmful components or that your use of the Site and the Content will be uninterrupted.
    2. 5.2 From time to time the Site and/or the App may include links to other websites. These are provided for Your convenience and to provide further information. The presence of these links does not signify that We endorse such linked website(s) and We have no responsibility for the content of such linked website(s).
    3. 5.3 You agree that Sirius, Our directors, employees, agents, representatives or data providers will not be liable (whether in contract, tort or otherwise) under any circumstances for any loss or damage that may result to You arising from or connected in any way to interruption of business, data corruption or destruction, computer viruses, system failures or malfunctions, inaccuracies or omissions in the Content or events beyond Our reasonable control.
    4. 5.4 Notwithstanding any provision of Clause 5.3. We do not exclude or limit Our liability for death or personal injury caused by Our negligence or that of any of Our directors, employees or agents, fraudulent misrepresentation occasioned by any of Our directors, employees or agents or any liability which it is not lawful to exclude either now or in the future.
  6. Indemnity
    1. 6.5 You will indemnify and will keep indemnified Sirius and Our data providers against all claims, costs, proceedings, demands, losses, damages, expenses or liability whatsoever arising directly or indirectly as a result of any breach by You of these terms, Your use of any data gathering and extraction tools or any other action You take that imposes an unreasonable burden or load on Our data handling infrastructure (whether owned by, leased by or licensed to Us) or on that of any of Our suppliers.
  7. General
    1. 7.1 Should You be required to register to use the Site or any areas of the Site any contractual or legal relationship between You and Us will be concluded in English.
    2. 7.2 All notice shall be given by email to Us at info@zygolex.com and to You at the email address you provide during the registration process. Notice will be deemed received 24 hours after the email is sent.
    3. 7.3 If any part of any provision of these terms is or becomes invalid, void or unenforceable for any reason that shall in no way affect the validity or enforceability of any other provisions.
    4. 7.4 No waiver by us of any breach of these terms shall constitute a waiver of any other prior or subsequent breach.
    5. 7.5 These terms are not intended to create and shall not create any rights, entitlements, claims or benefits enforceable by any third party by virtue of the Contracts (Rights of Third Parties) Act 1999.
    6. 7.6 These terms and/or Your use of the site shall be governed by and construed in accordance with English law, and the English courts shall have exclusive jurisdiction over any dispute which may arise.
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