These are the official Terms and Conditions of Use (the “Terms and Conditions”) for www.redordead.com, an internet website brought to you by Red or Dead Limited (“RoD”, “we”, or “us”). We are registered in England under company number 3208653, and have our registered office at 8 Manchester Square, London W1U 3PH. Our principal place of business is at Squires Lane, Finchley, London N3 2QL. All rights, including copyright, in the content of these www.redordead.com (the “Website”) web pages are owned or controlled by RoD.

These Terms and Conditions govern the content, features and activities related to the Website, so we ask all our visitors to read carefully.

If you have any comments or queries relating to this Website, please contact us via email at info@redordead.com or by post at: Red or Dead, Lakeside, Squires Lane, London, N3 2QL, England.

1. What do I agree to by entering the Website?

You are invited to use the Website on the basis of the terms and conditions of use set out below.

By entering the Website and using its Features (as defined below) you are deemed to have read and accepted these Terms and Conditions. If you do not accept these Terms and Conditions or any part of them, you should not enter or use the Website.

RoD may modify or update these Terms and Conditions from time to time. If you continue to use this Website after any changes, this means you agree to be bound by the modified Terms and Conditions.

If we do make a change to the Terms and Conditions we will post it at the top of this page, together with the date of the change, so you can easily find it.

These Terms and Conditions regarding your use of the Website constitute a legally binding agreement between you and RoD.

These Terms and Conditions will remain in full force and effect as long as you are a user of the Website and in the event of termination of any membership, service or feature, you will still be bound by your obligations under these Terms and Conditions, the Privacy Policy, any additional terms or rules featured in the Website, including any indemnifications, warranties and limitations of liability.

2. Registration

We may require you to have a unique user name and password combination in order to access and use certain features or functions of the Website and may also, from time to time, provide you with additional codes or passwords necessary to access and use certain features or functions of the Website. Please read our Privacy Policy, which describes the personally identifiable information we collect, use, disclose, manage and store. As part of the registration process for the feature or function, you will choose a user name and password (or we may assign an initial password which we will give you the option to change). Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your user name or password or any other need to deactivate your user name or password due to security concerns.

3. The Features

The Website may offer the following features to you: voting, competitions, prize draws, video clips, downloading of screensavers, desktops and sound files (the “Features”). The Website may also provide rules of participation for certain Features including, but not limited to competitions and prize draws, membership clubs, and email services.

4. Conditions of Using Features on the Website

You agree to use the Features in this Website in good faith and in the spirit in which they are made available to you. In particular you agree:

  • Not to send or resend any content which is obscene or vulgar, offensive, abusive, harmful, threatening, libellous, defamatory, invasive of anothers’ privacy, racially or ethically or religiously insulting or otherwise unlawful;
  • Not to use Features on the Website for any purpose that is illegal or which is or may be damaging to the rights or interests of any other user of the Website or other party;
  • If you or any other party has any issues or concerns with the content of any communications generated via the Website, you should contact the website moderator as soon as possible;
  • That all Features will be used entirely at your own risk and RoD accepts no responsibility for any losses or consequences suffered by you as a result of your use of the Website.

If RoD is informed or has any reason to believe that any of the Features on our Website are being used by a user other than in accordance with these Terms and Conditions, RoD reserves the right to suspend or permanently prevent access by that user to the Features and shall have no liability to the user whatsoever in such event.

5. Sending Us Information

Whenever you make use of a feature that allows you to upload material such as ideas, opinions, suggestions, mini-polls, surveys, videos, pictures or anything else (the “Material”) to our site, you must comply with the content standards set out in our Permitted Use policy as set out in paragraph 7 below. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, create derivative works from, distribute and disclose to third parties any such material for any purpose. By submitting Material to this Website you warrant that you have the right to make it available to RoD, the Material is not defamatory and the Material does not infringe any law or rights or interests of any third party in any country of the world, in particular that the Material does not plagiarise or infringe on the rights of third parties including copyright, trade mark, trade secret, privacy, personal publicity or proprietary rights in accordance with our Permitted Use policy as set out in paragraph 7 below. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our Permitted Use policy as set out in paragraph 7 below.

You agree to indemnify RoD against all legal fees, damages and other expenses that may be incurred by RoD as a result of your breach of the above warranty. You also agree to waive any moral rights in the Material for the purposes of its submission to and publication on the Website and the other purposes specified above.

6. Privacy Policy

Please ensure that you read our Privacy Policy to learn about what personal information we collect at this site, how we handle it and for what purposes we use it.

7. Website Content – Accuracy and Permitted Use

RELIANCE ON INFORMATION POSTED

RoD makes every effort to ensure that the content of the Website is accurate and up-to-date, but RoD does not offer any warranties (whether express, implied or otherwise) as to the reliability, accuracy or completeness of the information appearing on the Website. RoD disclaims all liability and responsibility arising from any reliance placed upon the content of the Website by any visitor to the Website, or by anyone who may be informed of any of the contents of the Website.

This Website is intended to provide amongst other things, information relating to Red or Dead products and is designed for personal, non-commercial use only.

You may not use this Website, or any of the material appearing on the Website from time to time to further any commercial purpose, including (but not limited to) selling on of any products purchased from the Website to Ebay or any other auction site advertising or to promote or encourage traffic to any other website.

RoD does not verify, endorse, or have any responsibility for any third party websites, their business practices, or any goods or services associated with or obtained in connection with any such website which is linked to or from this website. For the avoidance of doubt, RoD is not responsible for the content in any such third party website.

PROHIBITED USES

You may use our site only for lawful purposes. You may not use our site:

  • In any way that breaches any applicable local, national or international law or regulation;
  • In any way 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;
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of Website use;
  • Not to access without authority, interfere with, damage or disrupt:
    • any part of our site;
    • any equipment or network on which our site is stored;
    • any software used in the provision of our site; or
    • any equipment or network or software owned or used by any third party.

INTERACTIVE SERVICES

We may from time to time provide interactive services on our site, including, without limitation:

  • Chat rooms
  • Bulletin boards
  • Focus groups
  • Surveys
  • Mini-polls
  • Photo and video upload functions
  • Access to videos and photos from other people and /or websites

(“Interactive Services”).

Where we do provide any Interactive Service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

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 our site, 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 our site, 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.

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.

CONTENT STANDARDS

These content standards apply to any and all material which you contribute to our site (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.

Contributions must:

  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • 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 violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark 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’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.

SUSPENSION AND TERMINATION

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our site.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

CHANGES TO THE ACCEPTABLE USE POLICY

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.

8. Intellectual Property Rights

You acknowledge and agree that all copyright, rights in data, databases, trade marks, names, images, logos and other intellectual property rights in the Website content, software and all HTML and other code involved in this Website (“Intellectual Property Rights”), shall remain at all times vested in RoD and that these are protected by copyright and other laws and international treaty provisions.

You may not, other than in accordance with these Terms and Conditions, modify, copy, distribute, transmit, display, redistribute, transfer, or sell in whole or in part, the Website or any of the Intellectual Property Rights relating thereto, without first obtaining written permission from RoD to do so.

All trade marks appearing on the Website are used by RoD with permission from the relevant trade mark owners and nothing contained in this Website shall be construed as conferring by implication or otherwise any licence or right to use any of the Intellectual Property Rights displayed or subsisting on or in this Website other than in accordance with these Terms and Conditions.

9. Limitation of Liability

The Internet is by its nature an unreliable medium. Consequently, you accept that this Website is offered on an “as is” and “as available” basis.

While RoD takes all reasonable steps to ensure that the Website is properly functioning at all times, RoD does not warrant that this Website will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of software viruses or bugs or other defects.

RoD has no control over, and disclaims all responsibility for, any content you encounter, or events which may occur as a result of your use of the Features and RoD shall not be liable for any damages or other losses of any type whatsoever incurred by you as a result of your use of the Website or the Features.

RoD does not exclude liability for death or personal injury. However, by accepting these Terms and Conditions, you accept that RoD cannot be liable to you for any loss or damage you suffer as a result of visiting this Website or making use of the Features or information available on the Website. You must take your own precautions (including but not limited to installing adequate protective measures to guard against software viruses and ensuring that you retain up-to-date copies of all data) to protect yourself against loss or damage.

10. Viruses, Hacking and Other Offences

You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Webiste is stored or any server, computer or database connected to the Website. You must not attack the Webiste 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 the Website will cease immediately.

We will not 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 the Website or to your downloading of any material posted on it, or on any website linked to it.

11. Governing Law

These terms and your use of this Website shall be governed by and construed in accordance with English Law.

By accepting these Terms and Conditions and using the Website, you accept that any dispute under these Terms and Conditions or arising out of use of this Website shall be subject to the exclusive jurisdiction of the English courts and by using this Website you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts.

This Website is not intended for use of access by any person or company in any jurisdiction other than England and Wales. Those who choose to use or access this Website from other jurisdictions do so at their own risk and on their own initiative and are responsible for compliance with local laws, to the extent any local laws are applicable.

RED OR DEAD and the R device are registered trade marks of Red or Dead Limited.
© Red or Dead Limited, 2013

LEGAL NOTICE

All text, images, animation, videos, music, sounds, website design graphics, text selections, arrangements and all software are copyright © Red or Dead Limited 2013, unless stated otherwise.

RED OR DEAD, the R device and all other trade marks are registered trade marks of Red or Dead Limited unless stated otherwise.

The product images used on this Website are for reference purposes only. They are representations of apparel, footwear and accessory styles and we reserve the right to alter styles or colours without prior notice.

www.redordead.com is a registered domain name of Red or Dead Limited.

For further details email Red or Dead at:
enquiries@redordead.com

You may also write to us at:
Website Moderator
Marketing Department
Red or Dead
Lakeside
Squires Lane
London
N3 2QL