1. General

By using this site and software, including the software made in conjunction with this site and the software contained within it by the Third Party, (“the Website”) you agree to be bound by the following terms and conditions (“the Terms and Conditions”).

Point Blank Ltd is registered in England & Wales under company number 2963163 with a registered office at c/o Jack Ross & Co, Barnfield House, The Approach, Blackfriars Road, Manchester, M3 7BX.

The Terms and Conditions shall be governed by and construed in accordance with the law of England and Wales. Disputes arising herefrom are subject to the jurisdiction of the courts of England and Wales.  However, we retain the right to bring proceedings against you for breach of the Terms and Conditions in your country of residence or any other relevant country.  If you do not fully accept the Terms and Conditions of use, or you are accessing the Website in a country or other territory where use of the Website is not permitted, you must cease using the site immediately.
Point Blank reserve the right to revise, update and/or change the Terms and Conditions at any time by posting changes online.  It is your responsibility to comply with them and your continued use of the Website after changes are posted constitutes your acceptance of the modified terms and conditions. Accordingly, when you use the Website, you should check the date of the Terms and Conditions (which appears at the top right hand corner). Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the Website.
Point Blank may update the Website and change the content at any time.  Any of the material on the Website may be outdated at any given time, and we are under no obligation to update such material. We may terminate, change, suspend or discontinue any aspect of this site, including the availability of any features of the Website, at any time without notice or liability.

2.  Privacy policy

By using our site, you consent to such processing and confirm that all data provided by you is accurate.   Full details of our privacy policy can be found at www.pointblanklondon.com and this privacy policy forms part of the Terms and conditions.  In addition we may collect and process the following data about you:

• Details about which areas of the Site you are accessing;
• Information that you have provided by filling out forms on websites operated by Point Blank Ltd. This also covers information obtained on registration as well as on entering a competition or promotion sponsored by a Company as well as when you report a problem with any of Our Sites;
• The correct country or other territory in which you are located or are accessing Our Sites and your correct date of birth as well as a record of any correspondence that you have with us;
• We may also ask you to complete surveys to be used for research purposes, however you are not obligated to respond;
• Details of any transactions you carry out through any of Our Sites and of the fulfilment of any orders by you as well as details of your visits to our Site, including traffic data, location data, web logs and other communication data.
• Information about your computer; including, where available, your IP address, operating system and browser type.  Be assured that this data is statistical, only concerning our users' browsing actions and patterns, and does not identify any individual. The number of visitors to our Sites may also be recorded as well as the duration of the stay.

3.  Using the Website

The Website is made available to you for personal and non-commercial use only.  You are only permitted to use the Website for lawful purposes and we reserve the right, in our sole discretion, to discontinue your use of the site.

You are not permitted to use the Website in any of the following ways:

• In any unlawful or fraudulent way, or for any unlawful or fraudulent means
• In any way that breaches any applicable regulation or law (local, national or international).
• For the purpose of harming or attempting to harm minors in any way.
• To transmit, or procure the sending of any SPAM; meaning unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation.
• To knowingly transmit, send or upload any harmful or ‘Malicious’ material, with the purpose of adversely affecting the operation of any computer software or hardware.  This includes material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or similar computer code designed for the same or similar purposes.
• By using the Website, you are bound by our contents standards and must comply with them.  Therefore, you are not permitted to send, knowingly receive, upload, download, use or re-use any Material which does not comply with our content standards.

4.  Intellectual property rights

By using the Website you agree that Point Blank is the owner or licensee of all intellectual property rights in the site (except the music publishing copyrights in the music loops contained in the mixer which are the property of the Third Party) and in the materials published on it, including but not limited to trade marks, designs, logos, text, images, audio and video materials and software (including code, interface and website structure) except in the instances where recording artists have agreed to submit their material for use in the site. In these instances, all copyrights remain with said artists.

Our status as the holders of rights in the materials on our Site, and that of the recording artists previously mentioned, must always be acknowledged.  Unless otherwise specified, you are not permitted to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from it. You must not use any part of the materials on the Website for commercial purposes without first obtaining a license to do so from us and, where applicable, our licensors.  The materials are protected by intellectual property laws and treaties, which are applicable Worldwide.  All such rights are reserved and you may not remove any copyright or other proprietary notices from any materials on the Website.

We reserve the right to copy-protect any of the materials on the Website. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print a reasonable number of hard copy portions of the material from the different areas of the Website solely for your own lawful, personal and non-commercial use. Any other use of materials on this site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this site, without prior written permission of Point Blank is strictly prohibited. Unless otherwise explicitly authorised by us, in the form of clear instructions such as “Click Here to Enlarge this Image”, you must not modify the paper or copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or proprietary notice. Similarly, all other copying, in any form, including reproduction, transmission, public performance, distribution, commercial exploitation, adaptation, translation, modification, bundling, merging, sharing or making available to any person, or creation of any derivative works of the Website or the Materials on the Website is prohibited and may breach intellectual property laws and other laws worldwide.

If you print off, copy or download any part of the Website in breach of these terms of use, your use of the Website will be instantly terminated and if we choose to request the return or destruction of any copies of the Materials you have made, you must comply.

5.  Accessing the Website

Access to the Website is permitted on a temporary basis.  Therefore, we reserve the right to withdraw, alter, adjourn or cancel the Website without notice.  We will not accept liability if for any reason the Website is unavailable at any time or for any period.  We may occasionally restrict access to some parts of or the entire site, both to visitors and to users who have registered with us.
If you choose or are provided with, a user identification code, password or any other piece of information as part of a registration scheme or a security procedure, you must treat the information as confidential.  You must not disclose it to any third party and we will not accept any form of responsibility or liability for loss or damage of any kind that is incurred as a result of, or in connection with, your failure to comply with this section of the Terms and Conditions. We also reserve the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if we believe that you have failed to comply with any of the provisions of these terms of use.

6.  Interactive services

For the interactive services provided by Point Blank the Website, we will provide clear information, detailing what kind of service is offered.  We will clearly state whether it is moderated and specify the form of moderation that is used; including whether it is human or technical.  The interactive services that may be provided on the Website include, but are not limited to chat rooms, forums, bulletin boards, music mix rooms and image/video upload features.
We continue to make reasonable efforts to recognize any possible risks for users from third parties when they use any interactive service provided on the Website in deciding on the appropriate form of moderation to use for each. However, we are not obligated to oversee, monitor or moderate any of them.  Therefore, whether a service is moderated or not, we will not accept any kind of liability or responsibility for any loss or damage arising from the use of any of the interactive services by a user in contravention of our content standards.  For the interactive services that are moderated, it is our usual practice to provide you with a means of contacting the moderator, should any concerns, problems or difficulties arise.

7.  Uploading material to the Website

Any material that you transmit or upload to the Website will be non-confidential and shall belong absolutely to Point Blank, unless otherwise specified in the Terms and Conditions.  Unless otherwise agreed in writing between us,  we have the right to use the material, in whole or in part, for any purpose including, but not limited to, reproduction, disclosure to third parties, broadcasting, transmission, posting or otherwise at our absolute discretion (according to and subject to The Data Protection Act).  If we believe that you have uploaded or posted any material that constitutes a violation of the intellectual property rights or privacy rights of a third party, we reserve the right to disclose your identity to said third party.  You waive any moral rights in respect of any material you upload to the Website.

You are responsible for the content of the material that you upload onto the Website thus we will not be held responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website.

We reserve the right to remove any material posted that we feel does not comply with the content standards that are set out below.

8.  Content standards

All material which you contribute to the Website must comply with the following content standards. The standards apply to each part of any contribution as well as to its whole.
Your contributions must:

• Be accurate in stating facts or factual-based information
• Be cited if they are quotations or have been taken from other sources
• Be genuinely held where they state opinions
• Comply with applicable law in any country from which they are posted

Your contributions must not:

• Contain any obscene, offensive hateful or inflammatory material
• Contain material which is defamatory of any person
• Contain sexually explicit material.
• Harm, or attempt to harm, minors in any way.
• Promote, encourage, condone, promote or glamourise, irresponsible, immoral or illegal behaviour or activity.
• Promote violence
• Promote discrimination of any kind, including but not restricted to sexual, religious, nationality, disability, sexual orientation or age discrimination.
• Infringe any copyright, database right, trade mark or other proprietary right of any other person, company or party
• Aim to or be likely to deceive any person, company or party
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence
• Be threatening, abuse or impinge upon another’s privacy, or enjoyment of using the Website or any other website.
• Be used as a means to impersonate anybody, or to misrepresent your identity or affiliation with any person.
• Give the impression that they emanate from us, if this is not the case.

9.  Disclaimer/ limitation of our liability

The purpose of the commentary and other materials posted on the Website is not to act as advice on which reliance should be placed. You acknowledge that any reliance upon any statement or information shall be at your sole risk. Accordingly, we disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.  This site and the material on it is provided "AS IS" and on an "AS AVAILABLE" basis without any representation or endorsement being made and without warranty of any kind, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

The information and other materials included on this site may contain inaccuracies and typographical errors.  Point Blank reserves the right, to correct any errors or omissions in any part of the site and to make changes not only to the Website itself but also to the materials, products, programs, services or prices described in the Site at any time without notice.  We will accept neither the responsibility nor liability for any damages incurred by any user in connection with our site, its material, the use of or inability to use it or results from the use of it or any websites linked to it.  This includes, but is not limited to, indirect or consequential damages or any damages including, but not limited to, errors or omissions, indirect or consequential damages or any damages whatsoever arising from use, loss of use, data or profits, whether in action of contract, negligence or other action, arising out of or in connection with the use of the Site.

Point Blank do not warrants that the functions contained in this site will be uninterrupted or error free or that defects will be corrected or that this site or the server that makes it available are free of viruses or bugs.  We do not represent the full functionality, accuracy or reliability of any material.

We will not be liable to you if we are unable to perform an obligation under the Terms and Conditions to you which arises from a factor outside of our control, including but not limited to Acts of God, industrial action, default or failure of a third party, war , terrorist act, governmental action or by any act or decision made by a court or competent  jurisdiction.

10.  Links to the Website

Links to this site must not be viewed within the pages of any other site other than www.pointblanklondon.com or sites owned or controlled by Point Blank. For this reason you are prohibited from establishing a link from any website to any page in our Site or frame our Site on any other site.  We disclaim all liability for any legal or other consequences (including for infringement of third party rights) of links made to this site.  Moreover, you may not suggest or even imply any form of association, approval of any website on our behalf unless otherwise sanctioned by us, in writing.  Please note that links cannot be taken as an implication that Point Blank endorses, is affiliated or associated with any linked site, or is legally obligated to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorised to use any trademark, trade name, logo or copyright symbol of Point Blank or any of its affiliates or subsidiaries.

11.  Links from the Website

We do not accept responsibility for the availability or content of any third party websites or material you access through this site. Your decision to visit any linked site is taken at your own risk and it is your responsibility to implement the necessary protective measures that are needed to guard against viruses, pop-ups and other destructive elements.  We have no control over the content of third party sites and therefore can neither endorse nor accept responsibility or liability for their content or for any damage, loss or offence caused by or, in connection with, any content, advertising, products, services or information available on such websites or material. Any terms, conditions, warranties or representations associated with such dealings, are solely between you and the relevant provider of the service.

12.  Malicious code, hacking and other offences

You are prohibited from attempting to gain unauthorised access to the Website.  This includes attempts to access the server on which the Website is stored or any server, computer or database connected to the Website. You must not misuse the Website by knowingly introducing any Malicious Code.

13.  Indemnity

You agree to indemnify and keep Point Blank indemnified from and against all claims, damages, expenses, costs and liabilities arising in any manner from your entry to and use of the Website any of its services or any information accessible over or through the site, other than in accordance with these terms and conditions.  You will also indemnify us against any claims that information or material which you have submitted to us is in violation of any law or in breach of any third party rights. We reserve the right exclusively to defend and control any claims arising from the above and you are obligated to cooperate fully with us in any such defenses.

14. Competition

• Point Blank reserves the right to offer a free online music course each month for the best mix created using the Remix Machine.
• The winner will be given a selection of courses to choose from at www.pointblankonline.net . Courses are taught online and are therefore available to students anywhere in the world.
• The winning entry will be selected from the top ten tracks as rated by Remix Machine users. So recommend the site and encourage your friends to rate your track.
• The judges decision is final. Winning entries are selected entirely at the discretion of Point Blank.
• Monthly winners will be notified via email and announced via the Point Blank website.
• It is the student’s responsibility to provide their own equipment and software on which to take the course.
• The course cannot be exchanged for cash or any other product offered by Point Blank.

15.  Entire agreement

These terms and conditions combined with the privacy policy referred to in clause   2 above form the entire agreement between you and us in relation to your use of the Website. To the extent that software or other downloadable technology is expressly made available to you through the Website, such software may be subject to a license agreement that is distributed or included with such software and you agree to abide by the terms and conditions of any such license agreements. If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the law of any country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction in which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from that clause and the remaining terms and conditions shall survive and continue to be binding and enforceable.