This Site contains information about Tom Jones and Tom Jones™ official merchandise and services. This information is provided as a courtesy to fans of Tom Jones who use the Site. You can also buy official Tom Jones™ merchandise through this Site pursuant to this User Agreement.
By accessing, copying, or using any information contained at this Site or by purchasing any merchandise, you agree to be legally bound by this User Agreement and our Privacy Policy. We may amend this Agreement at any time by posting the amended terms on the Site. All amended terms shall automatically be effective immediately after they are initially posted on the Site. In our sole discretion, we may suspend or terminate your access or and your Membership account if we suspect that you have violated this Agreement or otherwise to protect the Site Owner's interests.
"We”(or "us") or the "Site Owner" shall mean TomJones.com LLC ("we"), its shareholders, subsidiaries, successors, licensors, suppliers, distributors and affiliates, and their employees, managers, directors, shareholders, partners, principals, agents, representatives, and any third-party suppliers of merchandise and services furnished by or through this Site. Certain content may be owned by Site Owner's affiliates and others.
"Member" means any individual who can form legally binding contracts under applicable law and who, by registering on this Site, has requested active engagement with the Site.
Attention: Businesses. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
Attention: Members under Age 18 and Members under Age 13. We do not offer any merchandise or services to children (persons under the age of 18)or to temporarily or indefinitely suspended Members. If you are a under the age of 18, you can access the Tom Jones™ Shop portions of this Site only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use the Tom Jones™ Shop portions of this Site. Membership benefits are available only to, and may only be used by persons who have validly registered as Members. If you are under age 13, you must not disclose your personal information without the consent of your parent.
"Your Information" is defined below to include "Your Personal Information" and "Your Publishable Information."
1. Exclusively Authorized Official Tom Jones™ Merchandise2. Your Information (including Your Personal Information and Your Publishable Information)
"Your Information" means any information or content that you provide to us or other users in the registration or Member submission process, in any public message area (including the Forum area) or through any e-mail feature.
You are solely responsible for the accuracy, content, and suitability of Your Information. While we may use techniques to verify the accuracy of the information our users provide us when they register on the Site, we are not obligated to do so. You have a right to access Your Information and to request rectification of any such data that is inaccurate.
Forum Postings
We are not responsible for any postings by you or any third parties on the Forum section. We do not endorse any such postings. We reserve the right to remove any such posting in our sole discretion. We do not undertake any obligation to monitor such postings for their appropriateness. If you believe that your rights have been impaired by any such posting, you will notify us at comments@tomjones.com and will participate in resolution of the matter on an amicable basis for a reasonable time whilst this matter is resolved. If you post anything on the Site, you grant us the right to republish it and you also warrant that it is lawful and not defamatory.
Your registration is governed by this Site's Privacy Policy. By registering, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Site Owner will only use Your Information in accordance with our Privacy Policy.
Your Permitted Activities; License to Copy Information from SiteYou are licensed to download and copy materials from this Site provided you agree to the following terms and conditions.
Failure to comply with these terms and conditions will terminate the license and constitute infringement and could lead to statutory damages and penalties.
Restrictions on Your ActivitiesYour Information (or any items listed) and your activities on the Site, including the publication on the Site of any of Your Information, shall not:
(a) be false, inaccurate, fraudulent or misleading;
(b) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
(c) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
(d) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(e) be obscene or contain child pornography
(f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(g) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
(i) link directly or indirectly to any information or activity that is prohibited under this Agreement.
Additionally, you agree that you will not:
(i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
(ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of Site Owner and the appropriate third party, as applicable;
(iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
(iv) bypass our technological measures that we may use to prevent or restrict access to the Site or protect the infrastructure of the Site.
3. Links to Other Sites4. Copyright Infringement Claims
Site Owner, the stylized Site Owner logo, specific device designations and all other words that are identified as trademarks and/or service marks are the trademarks and service marks of Site Owner and any other respective owner. Your unauthorized misuse of any content on this Site may be illegal.
Nothing contained in this Legal Notice shall be construed as conferring by implication, estoppel, or any other legal theory, a license or right to any patent, trademark, copyright, or other intellectual property right, except those expressly provided herein. The merchandise described at this Site may be the subject of other intellectual property rights owned by Site Owner or by third parties, and no licenses are granted therein.
5.Compliance; RemediesTHIS WEBSITE, THE DOCUMENTATION AND ANY GOODS OR SERVICES PROVIDED AT THIS SITE ARE "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, ABSENCE OF ANOMALIES OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL SITE OWNER OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE DOCUMENTATION PROVIDED ON THIS SITE, EVEN IF SITE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you.
7. Liability Limit
IN NO EVENT SHALL SITE OWNER BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). LIABILITY OF SITE OWNER TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF MONEY THAT YOU PAY TO US IN THE ONE MONTH PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) £25. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. If you purchase any Tom Jones™ merchandise from the Tom Jones™ Store, your claims against the Store will be subject to this limitation except where the Store expressly agrees to a higher limit of liability.
8. Indemnity
You agree to indemnify and hold Site Owner harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
9. Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site.
10. No Agency
You and Site Owner are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
11. Notices
Except as explicitly stated otherwise, any notices shall be given by postal mail to Seconds Out Productions, LLC, Attn: Mr. Ted Goetz, c/o Phillips Gold & Company, LLP, 1430 Broadway, New York, New York 10018 (in the case of Site Owner) or to the email address you provide to Site Owner during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Site Owner during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
12. Your Satisfaction; Disputes
Customer Satisfaction
Your "customer satisfaction" of Tom Jones' many fans is important to us. If you want to suggest any improvements to this Site, any entertainment services or other new ideas, please contact us by e-mail at comments@tomjones.com
Amicable Resolution of Disputes
In the event a dispute arises between you and Site Owner, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Site Owner agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation. Disputes between you and Site Owner regarding our services may be reported to Customer Support by going to ombudman@tomjones.com.
Binding Arbitration of Disputes
Any dispute arising our of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the Rules of the London Court of International Arbitration, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be in the city of London, England. The language to be used in the arbitration shall be English. The governing law of the contract shall be the substantive law of England.
For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or Site Owner may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required.
Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Should either party file an action contrary to this Section, the other party shall be entitled, as part of the damages, to recover attorneys' fees and costs, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim and the other party has failed to withdraw the Claim.
13. General
This Agreement shall be governed in all respects by the laws of England as such laws are applied to agreements entered into and to be performed entirely within England. We do not guarantee continuous, uninterrupted or secure access to our Site, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and replaced by an enforceable provision that most closely represents the bargain of the stricken language, and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Site Owner in accordance with the section headed "Notices", in our sole discretion, Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The sections with respect to payment for merchandise or services purchased, your license to us, your restricted activities, Liability Limit, Indemnity, Legal Compliance and Resolution of Disputes shall survive any termination or expiration of this Agreement.
14. Disclosures
Parental Controls
Commercially available parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. If you are interested in learning more about these protections, information is available at <http://www.safetysurf.com/> or other analogous Sites providing information on such protections. The preceding link is provided for information purposes only, and is not intended as an endorsement of SafetySurf.com's Internet Site, services, or policies. Site Owner is not affiliated with SafetySurf.com.