THREE'S A CROWD plc TERMS AND CONDITIONS (collectively "Terms and Conditions")

Please read the following Terms and Conditions carefully as access to and use of "Three's A Crowd Online" (the definition of which shall include Three's A Crowd Magazine and Three's A Crowd Online In Crowd) both within the UK and internationally is provided by Three's A Crowd plc on the following terms:


1. Acceptance Use Policy

By using Threes A Crowd Online, whether as a registered member or otherwise, you agree to be bound by these terms, which shall take effect immediately on your first accessing, using or posting material on Three's A Crowd Online. If you do not agree to be bound by all the following terms do not access, use or contribute in any way to Three's A Crowd Online (referred below as "the Website"). Three's A Crowd plc ("we"/"us") may change these terms and conditions from time to time and so you should check these terms regularly. You agree to use the website for lawful purposes only, in a way that does not infringe the rights of any third party or restrict or inhibit anyone else's use or enjoyment of the site. Prohibited behaviour includes but it not limited to harassing or causing distress or inconvenience to any person, transmitting obscene, defamatory or offensive content. Conditions of use of the Website are further set out below.


2. About the Website

By its nature and purpose the Website permits the submissions of user opinions and comment through blogs, personal or restricted communications between users as well as open chat forums (collectively "Comment"). It also provides a facility for users to upload videos and other similar forms of user generated content ("UGC") for private, restricted and public consumption. Users of the Website will receive alerts from us, advertisers and affiliates of the Website and this is a condition of use of the Website. Guidelines and policy regarding user Comment and UGC are set out further in the terms and conditions below and our treatment of user Comment and UGC is outlined in our Privacy Policy which is also incorporated by reference into these Terms and Conditions.


3. Registration

(a) Providing Personal Information

The Website may require that you register your details before accessing certain parts of the Website or make use of the same. You are required to provide accurate and complete information when registering your details or opening your account with the Website. Your account is personal to you so equally you may not use or access another user's account without their consent. The accuracy and content of the information you provide is solely your responsibility and it is your responsibility to update and maintain any changes to that information by altering your details accordingly. On registration you must select a username and password and you will be required to indicate that you have read, understood and accepted these Terms and Conditions and our Privacy Policy before registration is accepted. You must keep your password secure as you are solely responsible for the activity of your account and you must notify us immediately if there has been or you suspect there may be any unauthorised use of your account. We will not be liable for any unauthorised transactions made using your username or password or any losses to you or any third parties caused by any unauthorised use of your account but you may be liable for losses or damages caused to us or others from any such unauthorised use. Our information collection and use policies are clearly set out in our Privacy Policy.
(b) Fees

We do not currently charge a fee for general use of the Website, its facilities and services. However, we reserve the right to withdraw this free service. Users of the Website may be charged a fee to access restricted areas of the Website which allow those users to take advantage of the additional features of the Website (those users are referred to generically within these Terms and Conditions as ‘users' but where referred to specifically in relation to paying areas of the site they are defined as Website "Members"). We may also modify or add to the provisions and services of the Website in future so as to provide that access to other areas of the Website are made available for a fee. These changes will be subject to additional terms and conditions which will be made available at the time.


4. Use of the Website

(a) Conditions of Use

In using the Website you agree to abide by these Terms and Conditions and all applicable laws. You may access the Website and make use of it on condition that you (i) are 18 years of age or over; (ii) do not change or modify in any way any part of the Website or its technologies; (iii) do not access your account, Comment or UGC through any technology other than through the Website or by any other means authorised by us; (iv) make no use of the Website for any unauthorised commercial use, which includes (but is not limited to) advertising your business, charging subscription or advertising services or charging a fee to other users or to third parties to access the Website or any related services; (v) do not use any automated system (except the use of spiders for operators of search engines) to send Comment or UGC to the Website; (vi) do not collect or make unauthorised use of the personal information of other Website users; (vii) not for any commercial purpose contact any Website user without their consent; (viii) do not send content which may be construed as junk mail or spam to other users of the Website or third parties via the Website and; (iv) do not enter into any activity on the Website which may be considered to be competing with the Website, its agents or affiliated services (including official Website sponsors or advertisers). In addition to these conditions for use, the following list (which is in no way comprehensive) provides examples of the type of material which if posted, uploaded or otherwise communicated to other Website users constitutes prohibited use under these Terms and Conditions: The posting, uploading or otherwise communicating content which:

We reserve the right to take appropriate legal action, remove the content and communication from the Website and terminate usage and access of offending users to the Website.


(b) Credits and Rewards: Accumulating ‘Virtual Credits'

Members of the Website may upload their personal articles for user comments, reviews and an overall rating ("Rating"). Our policy in relation to our responsibility and liability for the content of those uploaded articles is clearly set out in these Terms and Conditions. From the aggregate Rating for personal article or review, Members can accumulate Virtual Credits which may be used to purchase (or set against the cost of) various Website prizes and goods. Virtual Credits may also be purchased by Website Members.


5. Content and UGC

(a) Uploading and Submitting Content and UGC onto the Website

You, the user, are solely responsible for the Content you create and the UGC you submit or upload onto the Website and therefore any consequences which flow from their posting or publishing. You warrant and undertake that you are the lawful owner of any Content or UGC you post or upload onto the website or alternatively that you have the licence, rights, consents, releases, clearances (including where appropriate, clearances from music collecting societies) and permissions to use and authorise us and the Website to use all rights and intellectual property rights including but not limited to patents, trademarks, copyright or other rights in and to any and all forms of Content and UGC to enable inclusion onto the site. All ownership rights in any Content or UGC are vested in you. Unless you are the lawful owner or have the permission of the lawful owner, you further agree that you will not submit to the website material that infringes any legal rights of third parties. We do not permit the submission of Content or UGC which is unlawful or infringes the rights of third parties but you the user have sole responsibility for your conduct and any material submitted. We assume no responsibility for monitoring Content or UGC for inappropriate material nor do we assume any responsibility to remove or alter any inappropriate material where we are not notified that such content is inappropriate or infringes the rights of third parties. We will remove all Content and UGC upon proper notification that the same have infringed another's rights and we reserve the right to remove such Content or UGC immediately and without notice. Given the open nature of the internet we cannot guarantee any confidentiality with respect to the Content or UGC even if intended for personal use, where information is to be stored for your personal or restricted use. This also applies to any personal information you provide upon registration or via your use of the Website. Our policy and obligation in respect of Content and UGC is set out in further detail in these Terms and Conditions and, in relation to your personal information, our Privacy Policy.

(b) Grant of Licence in Content and UGC

By submitting your Content or UGC to us or the Website you continue to retain ownership rights in such Content and UGC but grant to us at no charge or expense the non-exclusive, worldwide licence to use, copy, distribute, edit, display, perform or otherwise make use of the Content and UCG in any way in connection with either the Website and/or the business of the Website. We may also sub-licence this licence to Website affiliates and sub-contractors. You grant us the right to use such Content and UGC in any and all media for any purpose, including the promotion of the Website or any affiliate company or partner. In submitting, posting or uploading Content and/or UGC you also grant to each user of the Website a non-exclusive license to access your Content or UGC through their use of the Website. Such a licence will enable users to make use of, reproduce, distribute, display and perform such Content and/or UGC as anticipated and permitted by the Website. Licences granted by you to other users of the site for the use of your Content or UGC will expire within one month following your removal or deletion of your Content or UGC from the website but we may retain any such Content or UGC for our own commercial purposes for use at any time following its removal from the Website.

(b) Making use of the Content and UGC on the Website

You may access Website Content and UGC only as permitted under these Terms and Conditions and such access should be solely for your information and personal use. Save for Content and UGC submitted by you, access to and use of Content and UGC for any purpose or in any manner other than streaming is strictly prohibited. Content and UGC may be streamed by you in the form of real time viewing - it may not be distributed, copied, permanently downloaded or stored either for personal or commercial purposes.

6. Account Termination Policy

We may terminate your account at any time, without notice and with immediate effect. Usually we would only terminate your account and access to the Website if you have breached a provision in these Terms and Conditions but we reserve the right to terminate your account without giving reason and at our sole discretion.

7. Intellectual Property

All copyright, trademarks, design rights, logos, patents and other intellectual property rights (registered or unregistered) in and on the Website and all content (including all applications, text, software, music and videos) located on the site vests solely in Three's A Crowd Online. You may not copy, reproduce, publish, licence, download, post, broadcast, transmit, or in any other way exploit, make available to the public or otherwise use Website materials and content in any way except for your own personal non-commercial use (for which we grant to you a limited and revocable licence to use the Website for such purpose only). You also agree not to alter or create a derivative work from Website materials and content except for your own personal, non-commercial use.


8. Liability and Disclaimer

(a) Content, UGC and Third Party Materials

Three's A Crowd Online, its affiliate companies, directors, employees or agents have no control over or responsibility to control third party material, Content or UGC including content which users and other third parties (third parties include Website advertisers and sponsors) may post, upload, share or transmit on or via the Website. We do not endorse any submissions, opinions, recommendations or advice expressed on or via the Website and we disclaim any and all liability in connection with user Content, UGC or any other third party submissions and materials. We are not responsible or liable for any incorrect, inappropriate, inaccurate, misleading, offensive, obscene, defamatory or otherwise unlawful content which may be posted or uploaded on the website by its users or any third parties. Where Content and UCG posted or uploaded by users or third parties contain links to other websites we are not responsible in any way for the content, advertisements, goods or services of those websites nor do we have any responsibility to monitor those sites. Any use of or access to third party websites via the Website is undertaken at the users own risk.

(b) Technical Responsibilities

Three's A Crowd Online, its affiliate companies, directors, employees or agents will not be liable for any technical fault (including the fault or malfunction of any telephone networks, online systems, servers, providers, computer equipment, software, email) interruption in transmission to the Website or any bugs, Trojan horses or other viruses which may be transmitted to or via the Website. We are not liable or responsible for any loss, damage or personal injury caused by any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of any user communication or any damage or loss incurred as a result of the Website content (including Content, UGC or other material posted, emailed, transmitted or otherwise made available via the website). We are not responsible for any technical or other issues that may arise if you download software (or otherwise make use of material) from an external third party website or upgrade your browser software to enhance your usage of the Website.

(c) Website and Website Content

You agree that your use of the Website shall be at your sole risk. Three's A Crowd Online, its affiliate companies, directors, employees or agents make no warranties or representations relating to the completeness and accuracy of the content of the Website (or any linked or affiliate sites) and assume no liability or responsibility for any damages resulting from errors or omissions in Website content or any loss, damage or personal injury resulting from your access to and use of the Website. Three's A Crowd Online, its affiliate companies, directors, employees or agents assume no liability or responsibility for any loss, damage or personal injury resulting from unauthorised access to or use of the Website, our servers or any personal information which may be stored.


9. Indemnity

You agree to indemnify Three's A Crowd Online, its parent company, subsidiaries, directors, employees and agents against any loss, damage, legal costs and expenses incurred by us arising out of your use of and access to the Website and any of its services or information accessible over or through the Website, including information obtained from linked sites, Content, UGC, other information or material on or through the site or your violation of these Terms and Conditions or any other laws, rules or regulations. You also agree to indemnify us against any claims relating from allegations that Content, UGC or other information or materials otherwise placed on the Website by you is in violation of any law or in breach of any third party rights such as, for example claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or any other intellectual property right. We reserve the right to exclusively defend and control claims and allegations arising from the above and any such indemnification matters and you will fully co-operate with us in any such defences. Your obligation to indemnify us will survive your use of the website and these Terms and Conditions.


10. Advertising, Sponsorship and Competitions

The Website contains advertising and sponsorship. Advertisers and sponsors on the Website are solely responsible for ensuring that their content complies with all applicable laws. We are not responsible for the content of nor make or endorse any warranties, endorsements or guarantees in relation to any advertisements or their products or for any error, omission, inaccuracy or legal violation appearing in any such material. We have no responsibility to monitor any claims made in advertisements which appear on the Website or linked sites. Our advertising and sponsorship partners may set cookies which allow them to recognise the user each time they send an advertisement. The use of cookies by this website is dealt with in the Privacy Policy but this does not cover the use of cookies by advertisers. We may from time to time run competitions, prize draws and other promotions via the website. This may be in conjunction with advertisers and sponsors. These competitions may offer content the access to which may incur a charge. These will be subject to additional terms and conditions which will be made available and known at the time.


11. Law and Jurisdiction

These Terms and Conditions shall be governed in accordance with English law and the Courts of England shall have exclusive jurisdiction which may arise out of or in connection with these Terms and Conditions. It is your responsibility to ensure that your use of this Website does not contravene the laws of your country of residence. We make no representations that the website is appropriate or available for use in other locations and users who access or use the website from other jurisdictions do so at their own risk and volition and are solely responsible for ensuring their use is in compliance with local law.