Terms and Conditions


Terms & Conditions

This document governs the relationship between you and Urban Outfitters UK Limited when you use our online services.

TERMS OF SERVICE

We provide our service to you subject to the following terms and conditions. You must read the terms and conditions of this contract before using the service. By using the service you agree to be bound by the terms and conditions set out below which may be updated by us from time to time. In addition, when using particular services or entering competitions, you shall be subject to any applicable guidelines and rules applicable to such services which may be posted by us from time to time. All such guidelines and rules are hereby incorporated by reference into these terms. In the case of any inconsistency between any such guideline or rule and these terms, the guideline or rule shall prevail. If you do not wish to be bound by these terms and conditions, you may not use the service.

1 DEFINITIONS

"Contract" means this agreement;
"Information" means all material delivered by us through the Website;
"Registration Form” means the form you must complete in order to receive newsletters, participate in any Urban Outfitters online competition and/or register for any other reason;
"Registration Information” means all personally identifiable information collected by us when a user registers on the Website and/or participates in any Urban Outfitters competition and/or registers for any other reason;
"Service" means the provision by us to you of access to the Information through this Website;
“User submissions” means all material submitted to the Website by Service end-users;
“Streaming” means a digital transmission of an audiovisual work via the internet from the Website in such a manner that the data is intended for viewing in real time and not for copying, downloading or distribution purposes;
"we", "us", "our" means Urban Outfitters UK Limited of 24 Market Place, London, W1W 8AF, UK;
"Website" means the relevant website situated at www.urbanamplified.com;
"you", "your", “yourself” means you, the Service end-user.

2 REGISTRATION, PASSWORD, SECURITY AND USE

To upload video content and to access all areas of the Website, you must complete the registration process by providing us with true, accurate, current and complete information about yourself as prompted by the Registration Form. You should then choose a password and an account name. You are then entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to (a) notify us immediately of any unauthorised use of your account or any other breach of security, and (b) exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2. If you provide any information that is untrue, inaccurate, not current or complete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or complete, we have the right to suspend or terminate your access to those parts of the Service requiring registration.

You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that uploaded content will be retained by the Service and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Service. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

3 PERMISSIONS & RESTRICTIONS

Urban Outfitters UK Limited grants you permission to access and use this Website provided that: (a) you agree not to distribute in any medium any part of the Website, including but not limited to User Submissions, without our prior written authorisation; (b) you agree not to modify or alter any part of the website; (c) you agree not to access User Submissions or Urban Outfitters’ own content through any technology or means other than the video playback pages contained on the Website itself or other explicitly authorised means we may designate; and (d) you may access User Submissions solely (i) for your information and personal use; (ii) as intended through the normal functionality of the Service; and (iii) for streaming. Accessing User Submissions in any manner other than Streaming is expressly prohibited.

4 DISCLAIMER OF WARRANTIES

The Service is provided on an "as is" and "as available" basis and we make no warranties or representations, whether express or implied, in relation to the Service, including but not limited to implied warranties or conditions of completeness, accuracy, satisfactory quality and fitness for a particular purpose.
You acknowledge that: (a) it is technically impossible to provide the Service free of faults and that we do not undertake to do so; (b) faults may lead to temporary unavailability of the Service; (c) the results that may be obtained from the use of the Service may include inaccuracies or typographical errors; and (d) the operation of the Service may be adversely affected by conditions and performances outside our control, including without limitation, transmission and telecommunications links between us and you, between different parts of our network, and between us and other systems and networks.

You further acknowledge that some of the information, for example software, is supplied to us by third parties and accordingly we offer no warranty of whatever nature in relation to such information.

5 LIMITATION OF LIABILITY

You agree that, except for death and personal injury arising from our negligence, we shall not be liable in contract, tort, negligence, statutory duty or otherwise, for any loss or damage whatsoever arising from or in any way connected with this contract or the use or performance of the Service or related Website, including without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, or any other pecuniary loss (even where we have been advised of the possibility of such loss or damage).

6 RIGHTS GRANTED/ RIGHTS RESERVED

As a registered user, you may submit content to the Website. You shall be solely responsible for your own User Submissions and the consequences of submitting them. In connection with User Submissions, you affirm that you own or have the necessary licenses, rights, consents and permissions to use and authorise us to use all trademark, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use in the manner contemplated by the Website.

You retain all of your ownership rights in your User Submissions and may continue to use them outside of the Website. However, by submitting User Submissions to us, you grant us a royalty-free, sublicenseable and transferable license to use such material and any part of it in perpetuity in any and all media and in any manner we may determine in our sole discretion. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website.

In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Urban Outfitters UK Limited all of the license rights granted herein.

7 USER CONDUCT

We provide the Service to you solely for your, personal, private use. You undertake not to use the Service:

(a) for any unlawful purpose;
(b) in any way so that the Service is interrupted, damaged, rendered less efficient or the functionality of the Service is in any way impaired;
(c) in any way that may damage or disrupt another user's computer;
(d) for the transmission, uploading or posting of any computer viruses or any harmful or deleterious files or programs;
(e) to transmit, upload or post any material which is defamatory, offensive, racist, vulgar, libellous or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety;
(f) as a means to threaten, stalk, harass, abuse, or otherwise insult other users or to collect or store personal data about other users;
(g) in a manner which constitutes a violation or infringement of any person, firm or company's rights (including, but not limited to, rights of copyright or confidentiality) or;
(h) to create a false identity for the purpose of misleading others as to the identity of the original uploader of User Submissions including, but not limited to, impersonating an Urban Outfitters employee or another user.

However, we do not control the content posted via you or other users on the Service and as such, do not guarantee the accuracy, integrity or quality of such content. By using the Service, you acknowledge that you may be exposed to content that is offensive or objectionable.

Under no circumstances will we be liable in any way for any damage incurred as a result of you accessing any content posted or otherwise transmitted via the Service.

You acknowledge that we shall have the right (but not the obligation) to refuse access to, move or remove any content made available via the Service.

8 REFUND POLICY

We are unable to provide refunds on any purchases where the purchased product has been fully downloaded to an end-user's computer, portable music device or any other device an end-user may employ to download tracks from the Service. Listening facilities are available for all products offered for sale through the Service to help inform end-users on their decision to purchase.

9 PROMOTIONAL DISCOUNTS

Promotional discount codes may be offered to both registered users and previously unregistered customers without prejudice. These codes cannot be used on any other Urban Outfitters website and will be subject to expiry dates. Codes prefixed UA expire at midnight on March 30th 2008. Use of promotional codes is subject to a minimum spend of £2. Promotional discount cannot be offered on a transaction after it is completed.

10 PARENTAL RESPONSIBILITY

We are concerned about the safety and well being of all our users, but in particular children. Parents who allow their children to use the Service should take care to supervise and assist their children. We remind you that the Service is designed to appeal to a wide audience. As the legal guardians, we remind parents that it is their responsibility to supervise children and to determine whether particular areas are suitable for your child. 

11 INDEMNIFICATION

You further undertake that in the event that you have any right, claim or action against any other user arising from the use of the Service, you shall pursue such right, claim or action independently of, and without recourse to us. You will fully indemnify and defend us against all claims, liability, damages, costs and expenses, including legal fees, arising out of a breach of this Contract or any use of the Service, the Information or the Website by you. You acknowledge that we have limited control over the nature or content of information or programs transmitted or received by you or other users using the Service and that we do not examine in any way the use to which you put the Service. You agree to fully indemnify us against any claims or legal proceedings arising in connection with your use of the Service which are brought or threatened against us by any other person.

12 INTELLECTUAL PROPERTY

You acknowledge that all copyright, trade marks and all other intellectual property rights in the Service shall remain vested in us or our licensors.

13 SUSPENSION AND TERMINATION

We shall have the right to immediately terminate this Contract and/or suspend your access to the Service if you commit a breach of these terms and conditions.

14 COMPETITIONS

When entering a specific competition we will alert you to any particular rules and/or restrictions applicable to that competition.

15 USER PRIVACY

Privacy policy contains information on our privacy policy and our treatment of the Registration Information and/or any other personal information relating to you that we collect in the course of providing the Service.

16 CHANGES TO THE TERMS AND CONDITIONS AND THE SERVICE

We reserve the right to change these terms and conditions from time to time by placing a note of such change in this file, and your continued use of the Service following notice of such change shall be deemed to be your acceptance of any such change. It is your responsibility to check this file regularly to determine whether this Contract has been changed. If you do not agree to any change in the terms and conditions of this Contract then you must immediately stop using the Service. We also reserve the right to change and update the Service from time to time.

17 NO WAIVER

No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.

18 CHOICE OF LAW AND JURISDICTION

This Contract shall be governed by English law and the parties hereby irrecoverably submit to the exclusive jurisdiction of the English courts.

These Terms and Conditions were last updated February 13th 2008.