Terms of Use:

Who we are:  APOLLO’S PAD is a trading name of Galleon Holdings PLC, a public listed company incorporated in England and Wales with its registered office at 2nd Floor, Hogarth Centre, Hogarth Lane, London W4 2QN (“we” or “us”).  Galleon Holdings PLC owns and operates the website at www.apollospad.com (the “Website”).

TERMS OF USE

Please read these terms carefully.  They are an essential condition of your use of the Website.  If you (“you”) do not agree to these terms, please make no further use of the Website. Your use of the Website indicates your unequivocal acceptance of these Terms of Use.  Any purchases that you make through the Website shall be governed by the Apollo’s Pad Terms of Sale ("Terms of Sale") and your personal information is subject to our Privacy Policy, both of which are incorporated herein by reference.

Changes to these Terms of Use:
We may make changes to these Terms of Use at any time by posting a new version on the Website.  Therefore, we recommend that you review them regularly to ensure that you know what you are agreeing to.  

Eligibility:
To make any use of this Website you must be:

• Aged 13 or older. If you are aged between 13 and 18 you should review these Terms of Use with your parent or guardian.
• You must not be aged below 13 years of age.  Anyone under 13 years of age will need a full release form from their parents before using this Website.

To contribute to this website in any way (rate content, add comments), enter competitions, download content or make a purchase you must be:

• A registered member of Apollo’s Pad (you can join for free)

We reserve the right to block access to this Website by any or all users at any time in our sole discretion.  Nothing in these Terms of Use guarantees your access to the Service, which is provided on an “as is” basis.

Privacy
Please visit our Privacy Policy.  If you have not already read this, you should do so now.

Membership
Membership of the Website is free.  Follow the on-line sign up instructions.  You agree to provide accurate and complete information when you register to become a Member of the Website and at any time when you provide information to us.  You also agree to keep any ongoing membership information up to date.  You agree that we may use your membership information in order to maintain your account and provide any membership services to you.

Username and identity theft
When selecting a username remember that the Website is public. If you wish to submit content to the Website anonymously select a username that will not be known to others.  You may not be able to change your username once chosen.  Do not impersonate anyone, this may be construed as identity theft, which may be illegal.

Security
Please ensure that you keep any log in details and passwords secret.  This is your sole responsibility.  You are responsible for all activity that occurs through your membership account.  Please let us know immediately if you think that someone may have accessed your account without authorisation and change your password online if you think your password security has been breached.

Intellectual property
You agree that the Website (including but not limited to all content, downloads, graphics, audio clips, music, editorial content etc) contains proprietary information and material that is owned by us and/or our licensors and is protected by applicable intellectual property and other rights including but not limited to copyright.   The use of the Website or any part of its content, except such use as is specifically permitted in these Terms of Use, is strictly prohibited and may infringe the intellectual property rights of others and may subject you to civil and criminal penalties, including possible monetary damages for copyright infringement.

Trade marks
APOLLO’S PAD, APOLLO’S STORE, GALLEON ENTERTAINMENT, GALLEON HOLDINGS and all other trade marks, service marks, graphics and logo used by us in connection with the Website are our trade marks or registrstered trade marks.  You are not granted any right or licence in relation to such marks.

Content usage policy
You agree and accept that all content made available on the Website is subject to intellectual property rights of us and/or our licensors.  You agree to comply with any usage rules and conditions that we may set down at any time or as may be notified to you via the Website.  You agree not to access any content via unauthorised means.  In particular, you agree to our general usage policy, which is set out below:

 

• You shall only be licensed to access content on the Website for your own personal, private, non-commercial use on a non-exclusive basis;
• You shall not redistribute, transfer, assign, copy or sub-licence Website content;
• You shall not make copies of Website content other than specifically necessary to facilitate your permitted download and use of it;
• You shall not use or display the Website in a public place;
• You shall only use content for the purposes that it was made available to you on the Website;
• You shall not modify any Website content;
• You shall not attempt to circumvent or modify any security technology or software on the Website, or encourage others to do so;
• You shall not have any right to use Website content for promotional or commercial purposes;
• You shall comply at all times with any applicable copyright and other intellectual property restrictions attaching to specific Website content, including third party usage terms where such content is hosted via third party websites (e.g. YouTube).

Interactive features
The Website may contain various interactive features which may allow you to submit or post information or content which may be viewable by other visitors to the Website.  This may include posting your comments and rating of an episode, blog, karaoke performance etc.  By submitting anything or interacting in any other way with the Website you are representing and agreeing to take sole and full responsibility for such material.  

You must ensure the following:
 

• No material you submit infringes or violates the rights of any other party or violate any laws or regulations;
• Nothing you submit shall be libellous, offensive, objectionable, harmful, threatening, insulting, discriminatory or in poor taste;
• Nothing you submit is private or confidential;
• You will not copy and retransmit any material from the Website (including submissions made by other users) without first getting the written permission of the original author of the material;
• You will be responsible for your own messages;
• You will vote fairly and not seek to distort any ratings e.g. by posting multiple votes for the same episode.
• You will be kind to other members in your comments and voting.

Linking to the Website:  You may link to any Apollo’s Pad episode page from another website and/or copy the code provided on the Website to embed a video player within another website, blog, Myspace™, Facebook™ or similar site, PROVIDED THAT such other website conforms to the same ethos as our Website provided that your link does not imply any endorsement by us of such other Website.  You shall immediately remove any links or coding on request.  Nothing in this section implies any wider right to copy or distribute any content so linked to.

Emailing friends:  You may be able to email some Website content to friends in various sections.  Where you do so, you take full responsibility for such mail and warrant to us that you have permission to use their email address in this way.  You must not send unsolicited emails through the Website.

Competitions:  From time to time we may host competitions or auditions via the Website.  Specific terms and conditions may apply and these will be posted on the Website to become effective and incorporated into these Terms of Use.  If your karaoke or audition submissions are being judged or rated by other members, we will review such ratings fairly but reserve the right to adjust results for specific reasons (e.g. where it appears the ratings have been distorted).  The judges’ decision is final in all cases and no correspondence will be entered into.   Where we judge your submission, we will do our best to review all submissions, but depending on the volume that we receive, this may not always be possible.  Unless stated otherwise, you may only make one submission per competition.  Where we run any competitions or auditions, we will explain what the prize is on the Website and what the entry and eligibility requirements are together with closing dates.  Prizes may be region specific and may be changed at any time at our sole discretion.  The closing date for the competition or audition will either be that of the closing date stated on the Website OR whenever is deemed a good time for the competition to close by us. The judges cannot accept responsibility for late entries. Proof of sending email is not proof of receipt of entry. No entry can be accepted if all details are not provided  No purchase is necessary to enter our competitions or auditions.  Competitions are not open to our staff.  Prizes have no cash alternatives.

Licence to use your material:  By submitting anything to us you are granting to us a worldwide, royalty-free, non-exclusive, irrevocable licence to use it in all media worldwide as part of the Website or for any other purpose, together with the right to sub-license the same, and without any obligation to you or obligation to credit you.  We may also use your name and image for promotional purposes without compensation.  You hereby waive any so called ‘moral rights’ under the Copyright, Designs and Patents Act 1988 as amended and any equivalent rights anywhere in the world, including rights of privacy and image rights.  You agree that we may edit or remove your material at our discretion and make it available on the Website for other people to view and comment on.

Indemnity:  You agree to indemnify and hold us, our subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with your unlawful use of this Website or other breach of these Terms of Use.

Forum Language: Although the Website welcomes people of all nationalities, English is the language used.  As English may not be the first language of all Website users, please write in clear English, without abbreviations or slang.

Limitation of liability:  We shall not be liable in any way for any content provided by users in any karaoke or audition session, including but not limited to any errors or omissions in such content, or any loss or damage of any kind incurred as a result of the review or use of such content.

Monitoring usage
We are entitled to monitor all use by you of the Website, including any submissions made by you, and reserve fully our rights to investigate any reported or apparent breach of these Terms of Use.  At our discretion we may immediately ban you from the Website or take whatever steps we consider appropriate in the circumstances.

Content warning
You accept that during your use of the Website you may encounter material that could be deemed to be offensive, indecent, objectionable or explicit.  We do our best to avoid displaying such material and are grateful to our users for their cooperation in helping us monitor Website content.  Please report any user generated content that you find offensive or objectionable using the appropriate “report” button next to the entry.  We will then review it and take any action that we think appropriate.  However, you agree that you are using this Website at your sole risk and that we have no liability in this regard.  We do not guarantee the taste, decency or accuracy of any content on the Website.

Access to the Website and equipment
In order to use and enjoy the Website fully you will require access to the internet and that you may need appropriate devices and software e.g. microphones.  This is your sole responsibility and third party fees may be incurred in connecting to the internet in general.  We do not charge for simple access to the Website and only charge fees when you make specific purchases (which are subject to the Terms of Sale).  We recommend obtaining high speed access to the internet in order to maximise your enjoyment of the Website and in order to enable smooth download of any purchases.

Termination
Without prejudice to any other rights set out in these Terms of Use, we may terminate this agreement/your membership at any time with immediate effect at any time in the event that you breach these Terms of Use.  On termination you shall remain liable to any amounts due under the Terms of Sale.  Nothwithstanding this, we reserve the right to modify, suspend or discontinue the Website (or any part or content thereof) at any time without notice to you and we shall not be liable to you or any third party should we exercise such rights.

Warranty
We warrant that we will provide the Website with reasonable case and skill.

Disclaimer
Except for the above warranty, we do not make any other promises or warranties about the Website.  In particular, we do not guarantee, represent or warrrant that:

• your use of the Website will be uninterrupted or error free and you agree that from time to time we may remove the Website for an indefinite period or cancel it without notice or liability to you;
• the Website will be free from loss, corruption, attack, viruses, interference or hacking or other security intrusion and we disclaim any liability resulting from such instances.

Limitation of liability
Except in relation to fraud, death or personal injury, in no case shall we, our directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any loss or damage caused where (i) there is no breach of a legal duty of care owed to you; (ii) such loss or damage is not a reasonably foreseeable result of such breach; (iii) you have contributed or failed to mitigate such loss or damage.  In no circumstances shall we be liable for any loss of income, business or profits or for any loss or corruption of data in connection with your use of the Website.

Notices
We may send you notice with regard to the Website by sending you an email, postal letter or fax to any address given by you to us.

General terms and conditions

 

• All use of this Website is governed by English law and the English courts shall have jurisdiction over any disputes arising between you and us.

   

• If any part of these Terms of Use are held invalid or unenforceable this will not affect the remaining terms.
• We may assign our rights and obligations to you under these Terms of Use at any time without notice.
• These Terms of Use, including the Terms of Sale (where applicable), constitute the entire agreement between you and us regarding your use of the Website.
• Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance.
• If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.