|
|
| |
KONTRABAND.COM - Terms and Conditions.
Welcome to the Kontraband's web site. We allow you access to this site
subject to the terms and conditions set out in more detail in this Policy. We
explain what you can and cannot do when using this site and what our obligations
and liabilities are to you. By using the site you agree to be bound by the terms
of this Policy and we therefore encourage you to scroll down to read the terms
in full.
If you do not agree with any of this Policy please do not use
Kontraband. Where we ask you to register we will ask you to provide us with
information which is personal to you. We may wish to pass this information to
third parties so please see our Privacy Policy set out below
for more details about what we will and will not do with the information which
you give us. This web site is directed only at United Kingdom residents. We make
no representation that the content or materials in Kontraband are appropriate or
available for use in other locations and other countries. If you choose to
access Kontraband from other locations you do so at your own risk and USERS are
responsible for compliance with local laws, if and to the extent local laws are
applicable.
|
|
 |
|
 |
| |
OUR LEGAL DISCLAIMER
* Third Party Content
Much of the information on our site is received from third parties. We
cannot be responsible for ensuring that the information they provide us is
accurate or that it does not infringe the rights of someone else.
* Links to Third Party Sites
Where we provide a link to the site of an advertiser or a merchant, we
cannot be responsible for the content or information on that third party's site
which can be accessed from us. Any terms, conditions, warranties or
representations made by them are solely between you and that third party. We
exclude all liability of any kind other than liability for death or personal
injury arising from your ability to access sites of third parties from our site.
* What you use our site for
We have no control over how you use our site and what you use it for or what
you use the content or information on our site for. We therefore exclude all
liability other than liability for death or personal injury arising from your
use of the site, its information or content.
* Goods or Services used on our site
We make no warrany whatsoever about the reliability or quality of any goods
or services you have obtained or purchased or which have been offered to you
through our site, whether directly from the site or through a link to the site
of a third party. We exclude all liability of any kind other than liability for
death or personal injury of any kind in relation to the goods or services
offered through our site.
* The Service
Kontraband also assumes no responsibility and shall not be liable for any
damages to or viruses that may infect your computer equipment or other property
on account of your access to, use of, or browsing in Kontraband or your
downloading of any materials, data, text, images, video or audio from
Kontraband. While we take all reasonable steps to ensure a fast and reliable
service we will not be held responsible for the security of Kontraband or for
any disruption of Kontraband however caused, loss of or corruption of any
material in transit, or loss of or corruption of material or data when
downloaded onto any computer system. You will remain responsible and liable for
material you upload on to or access from Kontraband and you will indemnify us in
the manner set out below in the Terms in relation to your accessing or
uploading.
* Rights of Kontraband
Except where we are permitted to use content or information owned by third
parties, the rights including without limitation copyright in all information
and material on our site is generally speaking someone elses. Kontraband is a
trade mark of Kontraband Limited. Any content on our site is provided to you for
your personal use only. You may not use any material or content for any
commercial purpose without contacting us at or the people/companies whose The
trade marks, logos and service marks (collectively the "Trade Marks") displayed
on Kontraband are registered and unregistered Trademarks of Kontraband Limited
and others. Nothing contained on Kontraband should be construed as granting, by
implication, or otherwise any licence or right to use any trade mark displayed
on Kontraband without our written permission or the permission of any such third
party that may own the trade marks displayed on Kontraband. Your misuse of the
trade marks displayed on Kontraband or any other content on Kontraband, except
as provided in this Policy, is strictly prohibited.
YOUR USE OF KONTRABAND
* You agree:
* to abide by all applicable laws, regulations and codes of conduct and to be
solely responsible for all things arising from your use of Kontraband
* not to infringe any third party rights through your use of Kontraband, or
your activities conducted from Kontraband, including without limitation, the
intellectual property rights of others. You further agree not to use in any way
any of our trade marks or other intellectual property, or in any way to
represent yourself or your site or the activities on your site as connected with
us, or link to Kontraband in any manner whatsoever without our express prior
written consent;
* not to damage, interfere with or disrupt
access to Kontraband or do anything that may interrupt or impair its
functionality
* to provide true, accurate, complete and current information when
asked to register your information
* (to be entirely responsible
for and maintain the confidentiality of your password and notify us immediately
of any unauthorised use of your password or other security breach which you
become aware of;)
* not to publish, post, disseminate, distribute
or otherwise transmit any defamatory, offensive, infringing, obscene, indecent
or otherwise unlawful or objectionable material or information through
Kontraband including but not limited to, illegal material in the form of text,
graphics, video, programs or audio;
* not to threaten, harass,
stalk, abuse, disrupt or otherwise violate the rights of others, including
rights of publicity and privacy; and not to use Kontraband for distributing,
disseminating or posting any chain letters, junk mail, 'spamming' material or
any other form of bulk communication.
* Indemnity -
You agree to indemnify, keep indemnified, defend and hold Kontraband Limited
and its parent companies, subsidiaries, affiliates and their respective
officers, directors, employees, owners, agents, information providers and
licensors (collectively the "Indemnified Parties") harmless from and against any
and all claims, damages, liability, losses, costs and expenses (including legal
fees) (whether or not foreseeable or avoidable) incurred or suffered by any
Indemnified Party and any claims or legal proceedings which are brought or
threatened arising from your use of, connection with or conduct on Kontraband or
any breach by you of this Policy. Kontraband Limited reserves the right, at its
own expense, to assume the exclusive defence and control of any matter otherwise
subject to indemnification by you, and in such case, you agree to co-operate
with our defence of such claim.
|
|
|
|
|
| |
DIGITAL MILLENIUM COPYRIGHT ACT
It is our policy to respond to clear notices of alleged copyright infringement. This page describes the information that should be present in these notices.
Regardless of whether we may be liable for such infringement under local country law or United States law, our response to these notices may include, removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification. We may also document notices of alleged infringement on which we act. As with all legal notices, a copy of the notice may be sent to one or more third parties who may make it available to the public.
Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. See http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/ for more information.
If you are a copyright owner or an agent thereof and believe that any file or other content or link infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) which is incorporated by reference):
* A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
* Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
* Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
* Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
* A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
* A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Kontraband’s designated DMCA Copyright Agent to receive notifications of claimed infringement is:
Richard Spalding
Kontraband
5 Calvert Avenue
London, E5 7JP
Fax: :+44(0)20 7729 6914
For clarity, only DMCA notices should go to the DMCA Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
In some instances and where feasible one may supply a counter-notification as indicated on the form below. The administrator of an affected site or the provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.
Account Termination
Many Kontraband Services do not have account holders or subscribers. For Services that do, Kontraband will, in appropriate circumstances, terminate repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact Kontraband and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.
Here is a DMCA form you may use for efficiency:
* Identify in sufficient detail the copyrighted work that you believe has been infringed upon (for example, "The copyrighted work at issue is the text that appears on http://www.samplewebsite.com/sample_page.html") or other information sufficient to specify the copyrighted work being infringed (for example, "The copyrighted work at issue is the “ABC Guide” by John Doe, published by Jones Publishing, ISBN #0123456789").
* Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
FOR WEB OR INTERNET SEARCH, YOU MUST IDENTIFY EACH SEARCH RESULT THAT DIRECTLY LINKS TO A WEB PAGE OR FILE THAT ALLEGEDLY CONTAINS INFRINGING MATERIAL. This requires you to provide (a) the search query that you used, and (b) the URL for each allegedly infringing search result.
For example, suppose (hypothetically) that you conducted a search on Kontraband.com using the query "ABC", and found that the third and fourth results directly link to a web page or file that you believe infringes the copyrighted text you identified in item #1 above. In this case, you would provide the following information:
Search Query: ABC
Infringing Web Pages/Files: www.infringingwebsite.com/abcsample.kontraband
directory.infringingwebsite.com
If you are sending a large number of URLs in one removal request, please also send an electronic copy of the notice to info@kontraband.com
* Provide information reasonably sufficient to permit Kontraband to contact you (email address is preferred).
* Provide information, if possible, sufficient to permit Kontraband to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
* Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
* Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
* Sign the paper.
* Send the written communication to the following address:
Kontraband
5 Calvert Avenue
London, E5 7JP
Counter Notification
The administrator of an affected site or the provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.
To file a counter notification with us, you must provide a written communication (by fax or regular mail or by email) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. A sample counter notification may be found at www.chillingeffects.org/dmca/counter512.pdf.
To expedite our ability to process your counter notification, please use the following format (including section numbers):
* Identify the specific URLs or other unique identifying information of material that Kontraband has removed or to which Kontraband has disabled access.
* Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (United Kingdom, if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
* Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result, message, or other item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown."
* Sign the paper.
* Send the written communication to the following address:
Kontraband
5 Calvert Avenue
London, E5 7JP
Fax: :+44(0)20 7729 6914
|
|
|
|
|
|
| |
PRIVACY POLICY
The following information explains what we do with the information you give
us. All information you give us is held on computers under the control of
Kontraband Limited. If at any time you have a question about anything contained
in this statement or a general query on privacy please do not hesitate to
contact us at: Kontraband Limited fill out contact details
* How we collect information from you
* Registration
You will see when you fill in our registration forms that we ask for some
personal details from you which we need to have in order to provide you with
information on products or events or other information on celebrities, people in
the news and other information we think you might like. Please make sure your
details are correct and up to date so that we can provide you with this
information efficiently. Some of the information we have marked with an asterisk
(*) and we would like you to make sure you have filled in these bits. If you
don't want to tell us who you are, don't bother. We only talk to people who want
to hear from us. We also ask for extra bits of information which you do not have
to provide us. We would love it if you did so that we can spam you to death with
really relevant offers and information. For some parts of our site we provide
you with a password so that you do not have to keep filling in the form each
time. The way this works is by using cookies and we explain more about these
below. Finally, you don't have to give us any information if you don't want to
but you might not be able to get the full benefit of our site if you leave
certain pieces of information out of the registration forms.
* Entering our site
To a computer your email address is just a set of numbers. Unless you tell
us what your email address is we won't know who you are. We record these numbers
when you visit our site but we don't know who it is who is visiting. We do this
to check our computers are working properly and we can also tell how long
someone has spent on our site, which bits they looked at, where they have come
from and who their internet service provider is. We do not match these numbers
with any information you give us if you register but there may be a time where
we may try to identify you from these numbers because it is the law or so that
we can protect our services and other visitors to our site. Or we might do it to
make sure you are complying with our terms and conditions. We sometimes give the
information we record to any advertisers on our site and business partners.
* Cookies
Many people use cookies. Cookies are small files of information which are
stored on your computer. Web sites you visit ask your computer to store this
information and retrieve it from your computer so that they can keep track of
things like other web sites you visit. We will use them to store your password
so that you don't have to keep filling in a registration form every time you
want to log in. We may use them to study things such as places on our web site
where you visit and which bits of our site you like best. We may also use them
to make sure that any advertisements on our site aren't always the same when you
visit each time and that you see advertising which you might like more than
others. If you click on an advertisement to go through to the advertiser's site,
they may also use cookies and unfortunately we don't have any control over what
they use their cookies for. If you don't want to receive cookies there are
things you can do on your computer to stop them being used but you may find that
some bits of our website don't function properly or are slower. You might also
have to keep entering registration information each time. It also means we would
find it difficult to give you any other information which you might be
particularly interested in because we would not be able to recognise that it was
you visiting our site.
* How we look after your information
We make sure that all the information we hold on you is as safe as possible.
You should be responsible when giving out your information on the internet. Make
sure that you are careful when you visit our site in a public place like an
internet cafe. We can only be responsible for your information when it is
received on our computers not whilst it is in any intermediate environment.
* When do we give information you provide us to other people?
Unless you let us, we never give your information to anyone outside
|
|
 |
 |
|
|
|
|
|
