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Terms and Conditions.
This is an Agreement between you and Harbours On Film.
Before using our online store www.harboursonfilm.com 'THE SERVICE', please read these
If you use 'THE SERVICE', you will be bound by the terms of this Agreement.
1. The Service
2. Registration
3. User Account, Password and Security
4. Usage Rules
5. Digital Content
6. Availability of website
7. Reservation of Rights
8. Territorial Restrictions
9. General
10. Links to Third Party Websites
11. Governing Law
12. Contact Information
1. The Service
The Service offers downloads of digitized versions of video in MP4 format, artwork and information relating to such video recordings
(individually and collectively, "Digital Content").
2. Registration
You can register to become a member on our website but you must be at least 18 years of age to agree to and enter into a contract on your own behalf and to register for use of the Service. If you are under 18 but at least 13 years of age, you must present these terms and conditions to your parent or legal guardian, and he or she may consent on your behalf.
3. User Account, Password and Security
3.1 Password Security
When you register on our website for the Service you will be required to complete the registration process by providing certain information and registering a username and password for use with the Service. You are responsible for maintaining the confidentiality of the username and password. You are fully responsible for any unauthorised person’s use of the Website/Services, including all financial charges and legal liability that he or she may incur. We recommend that you change your password from time to time for additional security. If you believe someone has accessed any Service using your user name and password without your authorisation, it is your responsibility to set up a new password.
3.2 Unauthorized Access
You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. In no event will Harbours On Film be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder. You agree that we will be entitled to assume that any person logging into the website using your username and password is either you or someone doing so with your permission.
4. Usage Rules
4.1 Trailers
A “Trailer” is a portion of a video, or in some cases, an entire video that you can play directly from and while you are logged on to the Service on a promotional basis at no cost to you. You may play as many Trailers as you like. You may not attempt (or support others’ attempts) to capture, copy, or download a Trailer other than by podcast.
4.2 Content Usage Rules
(i) You are authorized to use the Content only for personal, non-commercial use, and not for redistribution, transfer, assignment or sublicense, to the extent permitted by law.
(ii) The delivery of Content does not transfer to you any commercial or promotional use rights in the Products.
(iii) Our content is delivered in MP4 format and does not contain security technology that limits your usage of such Content and you may use them as reasonably necessary for personal, non-commercial use.
You agree that your purchase of Content constitutes your acceptance of and agreement to use such Content solely in accordance with the Usage Rules, and that any other use of the Content may constitute a copyright infringement. Harbours On Film reserves the right to modify the Usage Rules at any time.
5. Digital Content
5.1 License
Upon your payment of our fees for Digital Content, we grant you a non-exclusive, non-transferable license to use the Digital Content for your personal, non-commercial, entertainment use, subject to and in accordance with the terms of this Agreement. You may copy, store and transfer the Digital Content only for your personal, non-commercial, entertainment use.
5.2 Restrictions
You represent, warrant and agree that you will use the Service only for your personal, non-commercial, entertainment use and not for any redistribution of the Digital Content or other use restricted in this Section 5.2. You agree not to infringe the rights of the Digital Content's copyright owners and to comply with all applicable laws in your use of the Digital Content. Except as set forth in Section 5.1 above, you agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or otherwise transfer or use the Digital Content. You are not granted any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for the Digital Content. You acknowledge that the Digital Content embodies the intellectual property of a third party and is protected by law.
5.3 Refund Policy Digital Content
All sales of Digital Content are final. We do not accept returns of Digital Content. Once you have purchased Digital Content, we encourage you to download it promptly and to make back-up copies of it. If you are unable to complete a download after having reviewed our online ‘How It Works’ section, please contact Harbours On Film customer service. Where this is due to our own fault, we will replace the download. You bear all risk of loss after purchase and for any loss of Digital Content you have downloaded, including any loss due to a computer or hard drive crash. We may, from time to time, remove Digital Content from the Service without notice.
6. Availability of our service
Our aim is to ensure that you have available to you the best possible service. However we can make no assurances that our website will meet with your requirements, neither can we guarantee that the website will be completely fault free. If you are using our service and a fault occurs we encourage you to contact our Customer Services on email at :customerservice@harboursonfilm.com We will attempt to correct the fault as soon as reasonably possible. From time to time your access to the service may be restricted due to essential maintenance or introduction of new features. We will make every effort to ensure that disruption is kept to a minimum.
7. Reservation of Rights
Except for the rights explicitly granted to you in this Agreement, all right, title and interest in the Service, the Digital Content are reserved and retained by us. You do not acquire any ownership rights in the Digital Content as a result of downloading Digital Content.
8. Territorial Restrictions
Our content providers have placed no restrictions on where we can make the films available. You can view www.harboursonfilm.com from anywhere on the Internet. If you choose to access the service outside the United Kingdom you do so on your own initiative and you are solely responsible for compliance with the local laws.
9. General
9.1 Termination; Amendments
Your rights under this Agreement will automatically terminate without notice from us if you fail to comply with any of its terms. In case of such termination, you must cease all use of the Digital Content, and we may immediately revoke your access to the Service without notice to you and without refund of any fees. Our failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of our rights. We reserve the right, at our sole discretion, to change, amend, add, or remove portions of these terms and conditions at any time without prior notice. If we do this, we will update this page and will show the effective date at the top. If you do not agree to (or cannot comply with) the amended terms and conditions, your only option is to stop using the Service. You are responsible for regularly reviewing these terms and conditions so that you will be aware of any changes. Your continued use of the Service, the Digital Content after any such changes constitutes your acceptance of the new terms and conditions.
9.2 Termination of Service
We reserve the right to modify, suspend or discontinue the Service without notice to you and shall not be liable to you if we exercise these rights. Where reasonably practicable, we will try to give you reasonable notice of any discontinuation of the Service.
9.3 Third-Party Beneficiaries
Digital Content copyright owners are intended third-party beneficiaries under this Agreement and may enforce this Agreement against you.
10. Links to Third Party Websites
10.1 Links on the Website
We provide advertising on our website and may link to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that Harbours On Film is not responsible for the content or availability of any such sites.
11. Governing Law
These terms and conditions shall be governed by and construed in accordance with the laws of England and you hereby submit to the exclusive jurisdiction of the English courts.
12. Contact Information
For communications concerning this Agreement, please email Harbours On Film at info@harboursonfilm.com
Harbours On Film
Unit 10 Teignbridge Business Centre
Cavalier Road, Heathfield
Newton Abbot, Devon, UK
TQ12 6TZ
+44 (0)117 230 2882
Delivery & Returns Information (Non Digital Content Goods)
Delivery Information
We undertake to despatch goods from stock within two working days.
We use various Courier services as well as Royal Mail to deliver throughout the U.K, Europe, USA and the Rest of the World. A Courier service will require a signature on delivery and this may influence your choice of delivery address. Delivery charges are based on weight and are displayed in the shopping cart.
Stock Availability
Every product listed on ‘Harbours On Film' has a status of either "in-stock" or "out of stock".
If items are unavoidably out of stock, we will notify you of the anticipated delivery date. At certain times of the year, such as Christmas, we may take a little longer to turn round your order, but the delay will be kept to a minimum.
It is possible to order any of the products whether they are "in-stock or "out of stock".
VAT and Local Taxes
There is no VAT payable on most books and charts. If the delivery address of the goods is in the UK or another member country of the European Union, VAT is payable on all other items, such as software, videos, equipment and electronics. The prices quoted for these items on our product pages are inclusive of VAT where applicable.
Other Charges Added to Orders
Apart from the VAT (if applicable - see above) and delivery charges, no other charges are added to your order by harboursonfilm. However, if the delivery address of the goods is outside the UK, it may be that import duties or other taxes are applied by national or regional authorities. You are responsible for any such additional charges and taxes.
How To Make Payments
Harbours On Film, via PayPal, will accept payment from the following credit cards: VISA, MasterCard, Delta, Switch, and Solo.
You will only need to enter your credit card details after you have finished your selection and entered courier details and your name and address.
Your credit card details are entered on a secure page.
Q. Are my credit card details safe?
Yes, your credit card information is encrypted, processed and authorised by PayPal and ensures that the data cannot be viewed by others. Please note that it may take around 30-60 seconds to process your order so please DO NOT press 'STOP' on your browser during this time, otherwise payment may be taken twice.
Cancelling Orders
It is possible to cancel all or part of your order at any time following the placing of your order until the end of the seventh working day after the date of the receipt of the goods, provided, if you have already received the goods, that you have not altered or damaged them in any way, or, in the case of DVD’s or computer software, that you have not unsealed them from their shrink-wrap or cellophane packaging.
If you have not yet received the goods simply send an e-mail by pressing on this link customerservice@harboursonfilm.com and enter the title or item description, quantity and your order number and specify the fact that you wish to cancel your order. (You will find your order number on the Harbours On Film order confirmation sent to you by e-mail after your order was placed.) We will contact you to confirm the cancellation of your order, or if the goods have already been processed for dispatch, to confirm arrangements for return of the goods.
If you have already received the goods, simply send an e-mail as above and Harbours On Film shall issue a returns number and agree with you a method for the return of the unwanted goods. Please ensure that all goods to be returned are adequately packaged for their return journey. We recommend that a registered courier or insured registered mail service is used as any return items not received cannot be credited. Please include a copy of your Harbours On Film invoice and send to the following address:
Harbours On Film
RETURNS
Unit 3 Morecombe House
45 Fore Street
Kingskerswell
Newton Abbot
Devon
England UK
TQ12 5JA
Once you have notified Harbours On Film within the requisite time period that you are cancelling your order, provided any goods received by you are returned to Harbours On Film in the condition which they were delivered to you, we will re-credit your debit or credit card the amount previously debited for the goods in question.
The Return of Items Purchased From Harbours On Film
Provided that notice of your wish to return the goods in question is made by e-mail to customerservice@harboursonfilm.com within seven working days after the date of receipt of the goods and provided that the goods have not been altered or damaged in anyway items may be returned. (In the case of DVD’s or computer software, that the items have not been unsealed from their shrink-wrap or cellophane packaging) The procedure for obtaining a refund on returned goods is explained in the paragraph above.
Orders Damaged in Transit or Faulty Goods
Please e-mail customerservice@harboursonfilm.com within seven days of the delivery to you of the relevant goods and you will be advised what to do. Harbours On Film will either make good any shortage or non-delivery, or replace or repair any damaged or defective goods, or refund to you the amount debited to your credit card for the goods in question, together with any agreed return delivery charges.
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