Terms and Conditions

 

Terms of Use

 

Home / English – Doom and Gloom at the Last Chance Saloon® Terms of Use Terms of Use Last Updated: 29/8/2016

 

Doom and Gloom at the Last Chance Saloon® is pleased to provide to you its site, content, products and services. These terms govern your use and our provision of Doom and Gloom at the Last Chance Saloon® on which these terms are posted, including what we may make available on third-party sites and platforms if these terms are disclosed to you in connection with your use of content from Doom and Gloom at the Last Chance Saloon®.

 

PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY CONTENT FROM DOOM AND GLOOM AT THE LAST CHANCE SALOON (a UK registered trade mark). ANY DISPUTE BETWEEN YOU AND US MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.

 

NOTHING IN THESE TERMS IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE. IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THESE TERMS, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.

 

1. Contract between You and Us

 

This is a contract between you and Doom and Gloom at the Last Chance Saloon, a United Kingdom partnership located at Chapel End, Keys Lane, Priors Marston, Southam, Warwickshire, CV47 7SA, or between you and any different service provider identified for a particular content, product or service from Doom and Gloom at the Last Chance Saloon. You must read and agree to these terms before using Doom and Gloom at the Last Chance Saloon. If you do not agree, you may not use any content, produce or service from Doom and Gloom at the Last Chance Saloon. These terms describe the limited basis on which Doom and Gloom at the Last Chance Saloon is available and supersede prior agreements or arrangements.

Supplemental terms and conditions may apply, such as rules for a particular competition, service or other activity, or terms that may accompany certain content or software accessible through Doom and Gloom at the Last Chance Saloon. Supplemental terms and conditions will be disclosed to you in connection with such competition, service or activity. Any supplemental terms and conditions are in addition to these terms and, in the event of a conflict, prevail over these terms. We may amend these terms. Any such amendment will be effective thirty (30) days following either our dispatch of a notice to you or our posting of the amendment on Doom and Gloom at the Last Chance Saloon. If you do not agree to any change to these terms, you must discontinue using Doom and Gloom at the Last Chance Saloon. Our customer service representatives are not authorised to modify any provision of these terms, either verbally or in writing. We may immediately terminate this contract with respect to you (including your access to Doom and Gloom at the Last Chance Saloon) if you fail to comply with any provision of these terms.

 

2. The Doom and Gloom Services

 

Doom and Gloom Services at the Last Chance Saloon is for your personal, noncommercial use and intended for informational and entertainment purposes only. It does not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes. To support smooth operation of the Doom and Gloom Services across wide geographic areas, aspects of certain activities, such as game play, may be simulated to avoid delays.

 

Doom and Gloom Services at the Last Chance Saloon is our copyrighted property or the copyrighted property of our licensors or licensees and all trademarks, service marks, trade names, trade dress and other intellectual property rights of Doom and Gloom at the Last Chance Saloon are owned by us or our licensors or licensees. Except when we specifically agree in writing, no element of Doom and Gloom at the Last Chance Saloon may be used or exploited in any way other than as part of Doom and Gloom at the Last Chance Saloon offered to you. You may own the physical media on which elements of Doom and Gloom at the Last Chance Saloon are delivered to you, but we retain full and complete ownership of Doom and Gloom at the Last Chance Saloon. We do not transfer title to any portion of Doom and Gloom at the Last Chance Saloon to you.

 

Content and Software License

 

If Doom and Gloom at the Last Chance Saloon is configured to enable the use of software, content, virtual items or other materials owned or licensed by us, we grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use such software, content, virtual item or other material for your personal, noncommercial use only. You may not circumvent or disable any content protection system or digital rights management technology used with any content, product, or service of Doom and Gloom at the Last Chance Saloon; decompile, reverse engineer, disassemble or otherwise reduce any part of Doom and Gloom at the Last Chance Saloon to a human-readable form; remove identification, copyright or other proprietary notices; or access or use any part of Doom and Gloom at the Last Chance Saloon in an unlawful or unauthorised manner or in a manner that suggests an association with our products, services or brands. You may not access or use any part of Doom and Gloom at the Last Chance Saloon in violation of United Kingdom export control and economic sanctions requirements. By acquiring services, content or software through Doom and Gloom at the Last Chance Saloon, you represent and warrant that your access to and use of the services, content or software will comply with those requirements.

 

Disclaimers and Limitation on Liability

 

DOOM AND GLOOM AT THE LAST CHANCE SALOON IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS.

 

WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE THOUSAND POUNDS STERLING (£1,000). THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.

 

Changes to Doom and Gloom at the Last Chance Saloon.

 

Doom and Gloom at the Last Chance Saloon is constantly evolving and will change over time. If we make a material change, we will provide you with reasonable notice and you will be entitled to terminate this contract.

 

Additional Restrictions on Use of the Doom and Gloom Services

 

We do not allow uses of Doom and Gloom at the Last Chance Saloon that are commercial or business related, or that advertise or offer to sell products or services (whether or not for profit), or that solicit others (including solicitations for contributions or donations). You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage any part of Doom and Gloom a at the Last Chance Saloon or connected network, or interfere with any person or entity’s use or enjoyment of any part of Doom and Gloom at the Last Chance Saloon. You agree not to use any software or device that allows automated gameplay, expedited gameplay, or other manipulation of gameplay or game client and you agree not to cheat or otherwise modify Doom and Gloom at the Last Chance Saloon or game experience to create an advantage for one user over another. Additionally, you agree not to access, monitor or copy, or permit another person or entity to access, monitor or copy, any element of Doom and Gloom at the Last Chance Saloon using a robot, spider, scraper or other automated means or manual process without our express written permission.

 

Third-Party Services and Content

 

Doom and Gloom at the Last Chance Saloon may integrate, be integrated into, or be provided in connection with third-party services and content. We do not control those third- party services and content. You should read the terms of use agreements and privacy policies that apply to such third-party services and content. If you access Doom and Gloom at the Last Chance Saloon using an Apple iOS, Android or Microsoft Windows-powered device or Microsoft Xbox One, Apple Inc., Google, Inc. or Microsoft Corporation, respectively, shall be a third-party beneficiary to this contract. However, these third-party beneficiaries are not a party to this contract and are not responsible for the provision or support of Doom and Gloom at the Last Chance Saloon. You agree that your access to Doom and Gloom at the Last Chance Saloon using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.

 

Mobile Networks

 

When you access Doom and Gloom at the Last Chance Saloon through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain elements of Doom and Gloom at the Last Chance Saloon may be prohibited or restricted by your network provider and not all Doom and Gloom Services may work with your network provider or device.

 

3. Your Content and Account

 

User Generated Content

 

Doom and Gloom at the Last Chance Saloon may allow you to communicate, submit, upload or otherwise make available text, images, audio, video, competition entries or other content (“User Generated Content”), which may be accessible and viewable by the public. Access to these features may be subject to age restrictions. You may not submit or upload User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.

We do not claim ownership to your User Generated Content; however, you grant us a nonexclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with Doom and Gloom at the Last Chance Saloon and on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.

 

You represent and warrant that your User Generated Content conforms to these terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorise us to use and exploit, your User Generated Content in all manners contemplated by these terms. You agree to indemnify and hold us and our subsidiary and affiliated companies, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorised users, and agree to procure the same agreement not to enforce from others who may possess such rights.

To the extent that we authorise you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of our copyrighted works, we grant you a non-exclusive license to create a derivative work using our copyrighted works as required for the purpose of creating the materials, provided that such license shall be conditioned upon your assignment to us of all rights in the work you create. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.

We have the right but not the obligation to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through Doom and Gloom at the Last Chance Saloon, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to these terms, without prior notice to you. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.

 

Accounts

 

Some sections of Doom and Gloom at the Last Chance Saloon permit or require you to create an account to participate or to secure additional benefits. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us and your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian.

 

We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of copyright. In addition, we may suspend or terminate your account and your ability to use Doom and Gloom at the Last Chance Saloon if you engage in, encourage or advocate for illegal conduct, or if you fail to comply with these terms or any supplemental terms.

 

Passwords and Security

 

You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorised use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or Doom and Gloom at the Last Chance Saloon.

The security, integrity and confidentiality of your information are extremely important to us. We have implemented technical, administrative and physical security measures that are designed to protect your information from unauthorised access, disclosure, use and modification.

 

4. Paid Transactions

 

Identity of Seller

 

Sales are made by Doom and Gloom at the Last Chance Saloon or the seller identified at the time of sale, if different. If you have questions about your order, please contact the seller at the address provided and they will assist you. Some storefronts on Doom and Gloom at the Last Chance Saloon may be operated by third parties and, in that case, different or additional sale terms may apply, which you should read when they are presented to you.

Digital Content and Virtual Items

We may make applications, games, software or other digital content available through Doom and Gloom at the Last Chance Saloon for you to license for a one-time fee. When purchasing a license to access such material from Doom and Gloom at the Last Chance Saloon, charges will be disclosed to you before you complete the license purchase.

Your purchase of a virtual item or in-game currency is a payment for a limited, nonassignable license to access and use such content or functionality of Doom and Gloom at the Last Chance Saloon. Virtual items (including characters and character names) or in- game currency purchased or available to you in Doom and Gloom at the Last Chance Saloon can only be used in connection with Doom and Gloom at the Last Chance Saloon where you obtained them or where they were developed by you as a result of game play. These items are not redeemable or subject to refund and cannot be traded outside of Doom and Gloom at the Last Chance Saloon for money or other items for value. We may modify or discontinue virtual items or in-game currency at any time.

 

Subscriptions

 

Some parts of Doom and Gloom at the Last Chance Saloon require paid subscriptions to access. By signing up for a subscription, you agree that your subscription will be automatically renewed and, unless you cancel your subscription, you authorise us to charge your payment method for the renewal term. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you at the time of sale. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify you of a rate change prior to your auto-renewal.

From time to time, we may offer a free trial subscription for Doom and Gloom at the Last Chance Saloon. If you register for a free trial subscription, we will begin to bill your account when the free trial subscription expires, unless you cancel your subscription before that time.

 

The Order Process

 

You will have the opportunity to review and confirm your order, including delivery address (if applicable), payment method and product details. We will send to you a notice when we accept your order and our acceptance will be deemed complete and for all purposes to have been effectively communicated to you at the time we send the notice. At such time, the contract for sale will be made and become binding on both you and us. The risk of loss in any goods you purchase and the responsibility to insure them passes to you when the relevant goods are delivered.

We reserve the right to refuse or cancel any order prior to delivery. Some situations that may result in your order being cancelled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments. We also may require additional verification or information before accepting an order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after we have processed your payment but prior to delivery, we will refund your payment.

 

Payments and Billing

 

When you provide payment information, you represent and warrant that the information is accurate, that you are authorised to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilise third party credit card updating services to obtain current expiration dates on credit cards.

 

Right of Cancellation; Return of Goods

 

When you subscribe to Doom and Gloom at the Last Chance Saloon, you have the right to cancel your contract within fourteen (14) days after your receipt and acceptance of these terms and you will receive a full refund of the subscription fee paid. For semi-annual and annual subscriptions, if notice of cancellation is received within the first thirty (30) days following the first day of initial billing, you will receive a refund of the subscription fee paid. If we refund your subscription fee, you will still be obligated to pay other charges incurred. When you purchase a license to access digital content or virtual items, you will be given an opportunity to consent to delivery at the time of purchase. By consenting to delivery, you acknowledge that you have lost the right to cancel and the license purchase fee is non- refundable.

You have the right, within thirty (30) days from the date of your receipt of physical goods, to cancel our contract with you and return the goods. This right does not apply to goods stated by us at Doom and Gloom Services at the Last Chance Saloon to be non- returnable, including audio and video recordings, computer software, and CD’s, DVD’s or other physical media that have been unsealed. If you are returning goods that are not faulty, you may be required to pay for the cost of returning the goods to us and we may deduct a reasonable amount if you use the goods.

If you wish to cancel, you must do so by following the cancellation instructions for the particular element of Doom and Gloom at the Last Chance Saloon.

 

Personalised Goods

 

Please note that the rights of cancellation and return do not apply for personalised goods. Cancellations and changes to personalised goods cannot be made once you have submitted your order and personalised items cannot be returned unless there is a manufacturing error or product defect. We reserve the right to refuse personalised orders at our discretion. Inappropriate use of our personalisation service will cause your order to be cancelled and any payment refunded.

 

Pricing; Taxes

 

We may revise the pricing for products and services we offer. If you pay a periodic subscription fee for Doom and Gloom at the Last Chance Saloon, we will provide you with reasonable notice of changes to the fees or billing methods in advance of their effective date and you will be able to cancel your subscription prior to such change. When you place your order, we estimate the tax and include that estimate in the total for your convenience. The actual tax amount that will be applied to your order and charged to your payment method is based on calculations on the date of shipment, regardless of when the order was placed.

 

International Shipping; Customs

 

When ordering goods for delivery to countries other than the country where the seller is located, you may have to pay import duties and taxes levied. These and any additional charges for customs clearance must be borne by you. For goods shipped internationally, please note that any manufacturer warranty may not be valid; manufacturer service options may not be available; manuals, instructions and safety warnings may not be in destination country languages; the goods and accompanying materials may not be designed in accordance with destination country standards, specifications, and labelling requirements; and the goods may not conform to destination country voltage (requiring use of an adapter or converter). You are responsible for assuring the goods can be lawfully imported to the destination country. When ordering from us, the recipient is the importer of record and must comply with all laws and regulations of the destination country.

 

5. Competitions

 

Competitions that you enter connected with Doom and Gloom at the Last Chance Saloon may have supplemental rules and conditions, but the following general rules apply absent contrary terms in any supplemental rules or conditions for the competition.

 

Entries

 

Your competition entry is User Generated Content and subject to all provisions of these terms that govern your submission and our use of your User Generated Content. We may disqualify entries that are late, misdirected, incomplete, corrupted, lost, illegible or invalid or where appropriate parental consent was not provided. Competition entries are limited to one per person and entries via agents or third parties or the use of multiple identities are not permitted. Use of automated entries, votes or other programs is prohibited and all such entries (or votes) will be disqualified.

We reserve the right to modify, suspend, cancel or terminate a competition or extend or resume the entry period or disqualify any participant or entry at any time without giving advance notice. We will do so if it cannot be guaranteed the competition can be carried out fairly or correctly for technical, legal or other reasons, or if we suspect that any person has manipulated entries or results, provided false information or acted unethically. If we cancel or terminate a competition, prizes may be awarded in any manner we deem fair and appropriate consistent with local laws governing the competition.

 

Eligibility

 

To enter a competition, you must be a registered user of Doom and Gloom at the Last Chance Saloon and have an active account with current contact information. No purchase is necessary to enter a competition and a purchase will not improve your chances of winning. Competitions are not open to our employees (or their immediate families) or anyone else professionally associated with the competition. If you are under age 18 (or the age of majority under applicable law) and the competition is open to you, we may need your parent or guardian’s consent before we can accept your entry. We reserve the right to request proof of identity or to verify eligibility conditions and potential winning entries, and to award any prize to a winner in person. Competitions are void where prohibited or restricted by law. Potential winners who are residents in jurisdictions where competitions require an element of skill may be required to answer a mathematical test in order to be eligible to win a prize.

 

Prizes

 

No cash or alternative prizes are available, except that we (or the party providing a prize) reserve the right to substitute a similar prize of equal or greater value. Prizes cannot be transferred (except to a child or other family member) or sold by winners. Only the number of prizes stated for the competition is available to be won and all prizes will be awarded provided a sufficient number of eligible entries are received and prizes are validly claimed by the date provided in connection with the competition, after which no alternate winners will be selected or unclaimed prizes awarded. Unless otherwise disclosed in the prize description prior to entry, winners are responsible for all costs and expenses associated

 with claiming a prize. All taxes are solely the responsibility of each winner, although we reserve the right to withhold applicable taxes and each winner agrees to complete any required tax forms.

Your acceptance of a prize constitutes agreement to participate in reasonable publicity related to the competition and grants us an unconditional right to us to use your name, town or city and county, or country, likeness, prize information and statements by you about the competition for publicity, advertising and promotional purposes and to comply with applicable law and regulations, all without additional permission or compensation. As a condition of receiving a prize, winners (or their parents or guardians) may be required to sign and return an affidavit of eligibility, liability release and publicity release.

 

6. Additional Provisions

 

Submissions and Unsolicited Ideas Policies

 

Our company policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. In connection with anything you submit to us – whether or not solicited by us – you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type.

 

Claims of Copyright Infringement

 

Notifications of claimed copyright infringement and counter notices must be sent to our designated agent:

Roderick Thomas Wilson-Ramsay

C/O Doom and Gloom at the Last Chance Saloon
Chapel End, Keys Lane, Priors Marston, Southam, Warwickshire, CV47 7SA]

00 44 (0) 7-814-613-140 Email: doom@doomandgloom.tv

 

We are only able to accept notices in the languages into which these terms are made available by us.

 

We will respond expeditiously to claims of copyright infringement committed using Doom and Gloom at the Last Chance Saloon that are reported to our Designated Copyright Agent, identified above, in accordance with the U.K. Copyright, Designs and Patents Act of 1988 or, as applicable, other laws. With respect to Doom and Gloom at the Last Chance Saloon hosted in the United States, these notices must include the required information set forth in the U.K. Copyright, Designs and Patents Act of 1988 and described in detail here.

 

Binding Arbitration and Class Action Waiver

 

You and Doom and Gloom at the Last Chance Saloon agree to arbitrate all disputes between you and Doom and Gloom at the Last Chance Saloon or its affiliates, except disputes relating to the enforcement of Doom and Gloom at the Last Chance Saloon or its affiliates’ intellectual property rights. “Dispute” includes any dispute, action or other controversy between you and us concerning the Doom and Gloom Services or these terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis. You and Doom and Gloom at the Last Chance Saloon empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable.

In the event of a dispute, you or Doom and Gloom at the Last Chance Saloon must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute to Doom and Gloom at the Last Chance Saloon, Chapel End, Keys Lane, Priors Marston, Southam, Warwickshire, CV47 7SA] United Kingdom.

 

Attention: Legal/Arbitration Notice.

 

We will send any notice of dispute to you at the contact information we have for you. You and Doom and Gloom at the Last Chance Saloon will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or we may commence arbitration. You may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first. If you and Doom and Gloom Last Chance Saloon do not resolve a dispute by informal negotiation then an attempt at arbitration should be commenced under an Alternative Dispute Resolution (ADR).

ADR uses an independent arbitrator, usually from the Chartered Institute of Arbitrators (CIArb) to make a decision about your complaint. This is based on the paper evidence you and the trader send in. The decision the arbitrator makes is legally binding. You will not be able to go to court later if you don't agree with the outcome. Some arbitration schemes are free to use. If you have to pay a fee to use arbitration, it will be based on the value of the amount of money you're claiming. But it's still usually cheaper than going to court.

For more information, visit: https://www.citizensadvice.org.uk/consumer/alternative- dispute-resolution/settling-out-of-court/who-offers-alternative-dispute-resolution-adr/

If the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected (or if we did not make a settlement offer before an arbitrator was selected), then we will pay you the amount of the award or £1,000 (one thousand pounds sterling), whichever is greater.

 

PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS.

 

Neither you nor Doom and Gloom Last Chance Saloon will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.

 

7. Use of Website

 

7.1 When you use the Website and/or send us an e-mail, you are communicating with us electronically (please see our Terms of Website Use), you consent to all communications being sent to you electronically via the e-mail address that you provide to us. You agree that such communications will satisfy any legal requirement for the communication to be in writing.

 

8. Use of your Personal Information

 

8.1 We will not collect any personal information about you unless you choose to provide us with it.

8.2 Any personal data processed by us will be processed in accordance with any data protection legislation and your instructions and will not be disclosed to any third party without your prior consent. Please see our privacy policy on the Website for full details.

8.3 We will use information you provide to us to process your order and to send to you material relating to Goods in which you have expressed an interest and may send you further material in future about similar Goods and services that we believe may be of interest to you. Such material may be sent by post, telephone, fax, email or SMS messaging.

8.4 You have a right at any time to prevent us from sending marketing material to you. If you wish us to stop sending marketing material to you, please notify us in writing.

 

9. Limitations on Liability

 

9.1 We shall have no Liability for any matters that are outside our reasonable control.

9.2 We shall have no Liability in respect of any acts and/or omissions by PAYPAL Limited including but not limited to Liability for the security of information that is passed by you to PAYPAL Limited.

9.3 We shall use our reasonable endeavours to ensure the security of our Website. We shall have no Liability where the security of our Website is breached due to acts and/or omissions by you and/or where we have taken reasonable steps to protect the security and integrity of the Website.

9.4 Nothing in these Conditions shall limit or exclude our liability for:

a. death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;

b. fraud or fraudulent misrepresentation;

c. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);

d. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

e. defective products under the Consumer Protection Act 1987.

Subject to clause 9.1

a. we shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract ; and

b. our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed five times price you paid for the Goods.

 

10. General

 

10.1 Waiver. No waiver by us of any breach of this Contract shall be considered as a waiver of any breach of the same provision or other provision.

10.2 Severance. If any provision of this Contract is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Contract and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.

10.3 Events outside our Control. We shall have no Liability to you for any delay in performance of this Contract to the extent that such delay is due to any event outside our reasonable control including but not limited to acts to war, flood, fire, labour disputes, subcontractor delays, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events. If we are affected by any such event then time for performance shall be extended for a period equal to the period that such event or events delayed such performance.

10.4 Your Indemnity to us. *You agree to indemnify and keep indemnified ourselves against any and all losses, lost profits, damages, claims, costs (including legal costs on a full indemnity basis), actions and any other losses and/or liabilities suffered by us and arising from or due to any breach of contract, any tortious/delictual act and/or omission and/or any breach of statutory duty by You.

10.5 Third Parties. All third party rights are excluded and no third party shall have any right to enforce this Contract.

10.6 Governing Law. And Jurisdiction. This Contract is governed by and interpreted in accordance with English law and the parties agree to submit to the non-exclusive jurisdiction of the English courts. English is the only language offered for the conclusion of the Contract.

10.7 Variation. Except as set in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions shall be effective unless it is agreed in writing and signed by us.

10.8 No partnership or agency. Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, nor constitute either party the agent of another party for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.

 

11. Notices

 

11.1 Any notice or other communication given to us under or in connection with this Contract shall be in writing, addressed to us at our principal place of business or such other address as that we may have specified to you in writing in accordance with this clause, and shall be delivered personally or sent by prepaid first-class post or other next working day delivery service, or by commercial courier, fax or e-mail.

11.2 A notice shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 6; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by fax or e-mail, one Business Day after transmission.

11.3 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

 

12. Our Details

 

12.1. Registered Office: Chapel End, Keys Lane, Priors Marston, Southam, Warwickshire, CV47 7SA]

12.2 Principle Place of Business: Chapel End, Keys Lane, Priors Marston, Southam, Warwickshire, CV47 7SA,

Doom and Gloom at the Last Chance Saloon is a partnership Registered in England and Wales.

 

 

The Website, www.doomandgloom.tv is owned by Doom and Gloom at the Last chance Saloon®.

 

 

 

 

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