These terms and conditions apply to your use of the iLoaded website and the downloading of video materials (“Content”) from the iLoaded website. When you access the iLoaded website you shall be regarded as having accepted these terms and conditions. Prior to downloading any Content, you are specifically required to confirm your agreement that these terms and conditions will form part of your contract with iLoaded in respect of that Content.
1. Acceptance of Terms
1.1 iLoaded is provided by Pod Video Productions Limited, a company registered in England and Wales under number 5681426 (the “Company”), which provides its services to you subject to the following terms and conditions which may be updated by the Company from time to time without notice to you.
1.2 PLEASE NOTE: Some of the Content may not be suitable for children. We advise parents and guardians to supervise their children’s use of the iLoaded website. All minors are advised to consult with their parents/guardians in respect of these terms and conditions before using the iLoaded site.
2. Description of Service
2.1 iLoaded currently provides or allows browsing and/or downloading of video materials to desktop computers and portable players for its customers’ personal, non-commercial entertainment. The sharing of Content downloaded from the iLoaded website or the use of Content for commercial purposes is strictly prohibited.
2.2 Your ability to download and view Content will depend on you having adequate technical equipment. Prior to downloading Content you should ensure that you have the necessary equipment, connections and systems to view Content properly. iLoaded is not liable for any loss or damage you may suffer as a result of your failure to do so.
2.3 You understand that the Content may contain material which you may consider offensive or otherwise objectionable. iLoaded shall have no liability to you for any Content that may be found to be offensive or objectionable.
3. Payment
3.1 The Company uses a third party, ProTX & Streamline, to manage payments for content made by customers via credit/debit card. To download Content, you must have a valid credit or debit card. You agree that your credit or debit card shall be charged at the commencement of the download of Content ordered by you.
3.2 The price for Content is set out on the website. If, by mistake, iLoaded has understated an item of Content, it will not be liable to supply that Content to you at the stated price provided that we notify you before the Content is downloaded by you.
3.3 All prices are expressed inclusive of any value added tax payable unless otherwise stated.
4. Restrictions on use
4.2 You are responsible for ensuring that no unauthorised access to the iLoaded website is made via your computer. You will be responsible for all Content downloaded from the iLoaded website to your computer equipment, whether or not authorised by you.
4.3 The following uses of the iLoaded website are strictly prohibited:
(a) distributing any type of virus or other device intended to cause nuisance, loss or corruption of any information on the iLoaded website or any systems used to operate the website;
(b) hacking or attempting to hack any part of the website or any system used to run the website; or
(c) using the website to commit or encourage unlawful acts, including the unlawful copying of copyright material.
5. Cancellation and defective downloads
You may not cancel any transaction after you have confirmed that you wish to download any Content and payment has been authorised. If you are unable to view the Content or complete the download process, please contact the iLoaded helpdesk by using the contact details set out below. Where this is due to iLoaded’s default we shall replace or refund the Content at our discretion.
6. Advertisements
6.1 In the provision of advertising on the iLoaded website, the Company may provide, or third parties may provide, links to other sites or resources located on the Internet by allowing a user to leave iLoaded to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology. The Company has no control over such sites and resources. You acknowledge and agree that the Company is not responsible for the availability or otherwise of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
7. Ownership of Intellectual Property
7.1 You acknowledge and agree that the copyright in all Content available for download from the iLoaded website from time to time is the property of the Company and is protected by copyright and intellectual property law and may not be copied or shared without the express prior written consent of the Company.
7.2 “iLoaded.com” is the subject of a trademark application by the Company. Misuse or reproduction of any trademark, service mark or any other intellectual property right of the Company is strictly prohibited.
7.3 The Company reserves all rights in respect of any breach of its copyright materials and other intellectual property, whether registered or unregistered.
7.4 Other than a specific personal and non-transferable licence to view the Content acquired by downloading Content, no right, title or interest whatsoever in any Content shall be transferred to you as a result of your downloading of such Content.
8. Disclaimers and limitation of liability
You expressly understand and agree that:
8.1 the Company, to the fullest extent permitted by law, makes no warranties, express or implied, in relation to this site or the Content, including, but not limited to fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. The Company makes no warranties about the accuracy, reliability, completeness or quality of any of the Content;
8.2 any Content downloaded or otherwise obtained through the use of iLoaded is made at your own discretion and risk and you will be solely responsible for any damage, including any damage to your computer system or loss of data that results from the download of any such material; and
8.3 your use of specific Content for any particular purpose, including, but not limited to, personal fitness is at your own risk and the Company makes no representations about the suitability of such content for any individual user. You are advised to seek the advice of a medical practitioner before undertaking any form of exercise which you have not previously tried. You must be of legal age to use, consume and/or buy alcohol or any alcoholic content used in iLoaded content.
9. Indemnity
You agree to defend, indemnify, and hold harmless the Company, its officers, directors and employees from and against any claims, actions or demands, including, without limitation reasonable legal and accounting fees, resulting from your use of Content in breach of these terms and conditions, including, but not limited to, copyright infringement.
10. Limitation of Liability
10.1 If you are dissatisfied with any of the Content or the iLoaded service or with these terms and conditions, your sole remedy is to discontinue use of iLoaded.
10.2 You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, whether in an action of contract or tort, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from the downloading (or your failure to download) iLoaded Content.
10.3 In no event shall the Company's liability to any customer arising out of or in respect of these terms and conditions exceed the total price charged for the relevant Content.
11. Modifications to these terms and conditions
The Company reserves the right to change these terms and conditions at any time without notice. The Company also reserves the right at any time and from time to time to modify or discontinue its services temporarily or permanently without notice to you. You agree that the Company shall not be liable to you or any third party for any modification, suspension or discontinuance of its services.
12. General
12.1 These terms and conditions constitute the entire agreement between you and the Company.
12.2 The Company makes no claims that the Content is appropriate for any particular purpose or audience. Access to the content (including any software) may not be legal by certain persons or in certain countries.
12.3 All legal issues arising from or related to the use of the iLoaded website shall be construed in accordance with and determined by the laws of England. You agree that the exclusive forum for the bringing of any claims or causes of action arising out of or relating to your use of the iLoaded website is the English courts. You hereby accept and submit to the jurisdiction of such courts in any such proceeding or action, and irrevocably waive, to the fullest extent permitted by law, any objection which you may have now or hereafter have to be laying of the venue of any such action or proceeding brought in such a court and any claim that any such action or proceeding brought in such a court has been brought in an inconvenient forum.
12.4 If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. No waiver of any term of these terms and conditions shall be deemed a further or continuing waiver of such term or any other term.
12.5 Except as specifically provided above, nothing in these terms and conditions confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.