INTRODUCTION
Welcome to www.xtravision.ie (the "Site"). This Site is operated by Xtra-vision Limited, Greenhills Road, Tallaght, Dublin 24 (company number 74594) ("Xtra-vision") for your personal information and communication. Please read the following Terms & Conditions of Use carefully before using the Site. For the purposes of the Terms & Conditions of Use "we", "our" and "us" refers to Xtra-vision and words such as "you" and "your" mean you. Please note that our use of your personal information is explained in our
Privacy Statement. Please read the Terms & Conditions of Use and Privacy Statement carefully. Access to and use of the Site is subject to these Terms & Conditions of Use and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, these Terms & Conditions of Use. If you do not accept such, please leave this Site immediately.
REGISTRATION
You may access most areas of the Site without registering your details with us but certain areas are only open to you if you register. Registration is for a single user only and you may not share your user name and password with any other person. Responsibility for the security of your passwords rests with you.
SITE MATERIALS
You may download material displayed on the Site for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video without Xtra-vision's prior written permission.
Unless otherwise stated, the copyright and other intellectual property rights in the Site and in all material on the Site are owned by Xtra-vision or its licensors. All rights are reserved. Any use of extracts from the Site other than in accordance with these Terms & Conditions of Use for any purpose is prohibited. If you breach any of the terms of the Terms & Conditions of Use, your permission to use the Site automatically terminates and you must immediately destroy any downloaded or printed extracts from the Site. Xtra-vision neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Xtra-vision.
Images of people or places displayed on the Site are either the property of, or used with permission by, Xtra-vision. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms & Conditions of Use or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
INTELLECTUAL PROPERTY RIGHTS
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are the registered and unregistered Trademarks of Xtra-vision, its affiliated companies and third parties who have granted Xtra-vision rights to display their copyright material and registered trademarks. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Xtra-vision or such third party that may own the Trademarks displayed on the Site. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms & Conditions of Use, is strictly prohibited. You are also advised that Xtra-vision will enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.
YOUR CONDUCT
You agree:
- (a) to comply with all of our reasonable requests or instructions in relation to the use of the Site;
- (b) to comply with all requests or instructions of any authorised authority in relation to the use of the Site or the internet in general or for the investigation of any alleged offences;
- (c) to abide by all applicable laws and regulations (including copyright and intellectual property protection laws);
- (c) to abide by all applicable laws and regulations (including copyright and intellectual property protection laws);
- (d) not to distribute, download, upload or transmit any material which contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programmes;
- (e) not to attempt to gain unauthorised access to or interfere with this Site, other users, computer systems or connected networks;
- (f) not to disguise the origin of any transmitted communication or impersonate any other person or entity;
- (g) to notify us immediately of any breach of security or any claim or legal proceedings against you relating to your use of the Site; and
- (h) not to post or transmit to or from the Site any material that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or for which you have not obtained all necessary licences and/or approvals; or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world. Xtra-vision will fully cooperate with any authorities or court order requesting or directing Xtra-vision to disclose the identity of anyone posting any such information or materials.
SUSPENSION/TERMINATION
Xtra-vision does not monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. Xtra-vision may however suspend or terminate your access to the Site wholly or partially and with or without notice for any valid reason including, without limitation where:
- (a) you fail to observe or perform any obligation set out in these Terms & Conditions of Use or the Online Store Terms & Conditions, any relevant law, licence, regulation, directive, code of practice or applicable usage policy; or
- (b) you fail to pay us any sums due to us; or
- (c) you supply us with false, misleading or inaccurate information at any time; or
- (d) we suspend or discontinue the Site.
Where we exercise any of the rights or powers of suspension/termination such exercise shall not prejudice or affect the exercise of any other right, power or remedy which may be available to us. We shall not be liable to you or any third party for any suspension or termination of your access to or use of the Site.
YOUR MATERIALS
While we are always happy to hear from you, it is Xtra-vision's policy not to accept or consider creative materials, ideas, or suggestions other than those we specifically request. This is to avoid any misunderstandings if your ideas are similar to those we have developed independently. Therefore we must request that you do not send to us any original creative materials such as original artwork, etc. Any communication or material you do transmit to the Site by electronic mail or otherwise will be treated as non-confidential and non-proprietary. Xtra-vision shall have no obligations with respect to such material but anything you transmit or post may be used by Xtra-vision or its affiliated companies for any and all commercial or non-commercial purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Xtra-vision is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
INDEMNITY
You agree to indemnify, defend and hold Xtra-vision and its affiliated companies, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the "Indemnified Parties") harmless from and against any and all claims, liability, losses, costs, demands and expenses (including legal costs and fees) incurred by any Indemnified Party in connection with any breach by you of these Terms & Conditions of Use. Xtra-vision reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Xtra-vision's defence of such claim.
DISCLAIMER
Your use of and browsing in the Site are at your risk. While Xtra-vision uses reasonable efforts to include accurate and up to date information in the Site, Xtra-vision makes no warranties or representations as to its accuracy or completeness nor does Xtra-vision assume any liability or responsibility for any errors or omissions in the content of the Site.
THE SITE IS PROVIDED "AS-IS" AND "AS AVAILABLE" BASIS WITHOUT ANY CONDITIONS, WARRANTIES OR OTHER TERMS OF ANY KIND. ACCORDINGLY ALL REPRESENTATIONS, CONDITIONS, WARRANTIES, UNDERTAKINGS, OBLIGATIONS AND OTHER TERMS EXPRESSED OR IMPLIED BY STATUTE, COMMON LAW, COURSE OF DEALING OR OTHERWISE, ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE.
LIABILITY
UNLESS OTHERWISE STATED, XTRA-VISION OR ANY OTHER THIRD PARTY OR AFFILIATED XTRA-VISION COMPANY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE SHALL NOT BE LIABLE FOR ANY LOSSES (INCLUDING INDIRECT LOSS, CONSEQUENTIAL LOSS, LOSS OF USE, DATA, PROFITS OR REVENUE, BUSINESS, CONTRACTS OR ANTICIPATED SAVINGS), DAMAGES (OTHER THAN FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE), COSTS OR EXPENSES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE AND WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, EVEN IF WE OR ANY OF OUR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES, DAMAGE, COSTS OR EXPENSES. FURTHER AND WITHOUT PREJUDICE TO THE FOREGOING, XTRA-VISION ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE.
LINKS
Links to third party websites on the Site are provided solely for your convenience. If you use these links, you leave the Site. Xtra-vision has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. Xtra-vision does not endorse or make any representations about them, or any material found there, or any results that may be obtained using them. Your linking to any other off-site pages or other sites is at your own risk.
ACCESS TO SITE FROM OUTSIDE NORTHERN IRELAND AND THE REPUBLIC OF IRELAND
The Site is controlled and operated by Xtra-vision Limited and it makes no representation that materials in the Site is appropriate or available for use outside Northern Ireland and the Republic of Ireland. Those who choose to access the Site from outside Northern Ireland or the Republic of Ireland do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
CHANGES TO THE TERMS & CONDITIONS OF USE
Xtra-vision may at any time revise these Terms & Conditions of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms & Conditions of Use to which you are bound.
SEVERANCE
If any part of these Terms & Conditions of Use is determined to be invalid or unenforceable pursuant to applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms & Conditions of Use shall remain in effect.
ENTIRE AGREEMENT
These Terms and Conditions of Use and the Privacy Statement constitute the entire agreement between the parties relating to the use of the Site and shall not be modified except in writing, signed by Xtra-vision.
GOVERNING LAW
This Site is intended solely for use by residents of Northern Ireland and the Republic of Ireland. These Conditions are governed by the laws of the Republic of Ireland and we and you submit to the non-exclusive jurisdiction of Courts of the Republic of Ireland.
PRODUCTS - GENERAL
All release dates and certifications are correct at time of going to print and may be subject to change.
All value added offers are valid while stocks last and are subject to availability.
Offers advertised on the Site may not be available in all stores and store prices and stock may vary from those advertised.
Stock and offers may vary from store to store.
Music and digital products at selected stores only.
All prices on the Site are subject to change. Please check instore for pricing.
FOR PARENTS CONCERNING PRIVACY
Xtra-vision requires children to consult with their parents before furnishing any data. However, Xtra-vision believes that parents should supervise their children's online activities and consider using parental control tools available from online services and software manufacturers that may help provide a child-friendly online environment. These tools may also prevent children from disclosing online their name, address, and other personal information without parental permission.
MULTIMEDIA CONTENT DISCLAIMER
All multimedia contents on the Site retain their original copyright as owned by their respective production companies. All multimedia contents are for educational, research, criticism, or review for rental or purchase purposes. Xtra-vision shall have no liability from misuse of these multimedia contents. Some of the multimedia contents contained on the Site may not be suitable for young children and parents are advised to supervise children's use of the Site.
CONTACT US
If you have any questions, comments, or complaints regarding the Site, you can contact us by:
Telephone: 01 4131602 (from the Republic of Ireland) or 003531 4131602 (from Northern Ireland) 9 a.m. to 5.30 p.m. Monday to Friday
Post: Customer Services, Xtravision Support Office, Greenhills Retail Park, Greenhills Road, Tallaght, Dublin 24, Republic of Ireland