T&C

WEBSITE TERMS AND CONDITIONS

1. Who We Are

1.1 We are Sixteen11 Media Group Limited based inLondon. Sixteen11 Media Group Limited is the logistic platform for MJVIBE Owners of Iconic Magazine and King Of Shop.

1.2 These terms and conditions (“Terms“) govern your relationship with Sixteen11 Media Group Limited (“Sixteen11”, “we”, “our”, “us”) when you use our online or wireless services (the “Services”), including the services on this website / WAP site (the “Site”). From time to time we may use the services of third parties to assist us in the provision of this Site, however, unless otherwise stated, the services available on this Site are provided to you by Sixteen11.

1.3 By accessing or using this Site, you accept and agree to these Terms (which include our Privacy Policy) and you agree that your use of this Site, including any transaction you make, is subject to these Terms. If you do not agree to all of these Terms, you may not use this Site.

1.4 You further accept and agree that where products or services are offered by third parties and where you elect to purchase or access such products or services, you will do so upon the terms and conditions of those third parties.

1.5 You should print a copy of these Terms for future reference.

1.6 If you have any questions about these Terms please contact us at the following email address: manager@mjvibe.com

2. Changes to these Terms

2.1 We may make changes to these Terms from time to time, which will be effective when posted on this Site. We may not notify you directly/personally of changes to the Terms and so we encourage you to check the Site regularly for any updates. Your continued use of this Site following the posting of changes will mean you accept those changes.

2.2 You will be subject to the policies and Terms in force at the time that you order products from us, unless any change to those policies or these Terms is required to be made by law or government authority (in which case it may also apply to orders previously placed by you).

3. Site Content

3.1 The Services, this Site and all material on this Site, including, but not limited to, text, graphics, photos, logos, button icons, images, trade marks, music recordings, lyrics, audio and audio visual clips, digital downloads, databases, data compilations, data and software (“Content“) are owned and controlled by or licensed to Sixteen11, its affiliates and/or licensees. All rights in the Content are the sole and exclusive property of Sixteen11 or such affiliates, licensors and/or licensees.

3.2 Unless otherwise specified, this Site, the Services and Content are for your personal and non-commercial use only.

3.3 You may not without our express written agreement use, transfer, copy or otherwise reproduce or modify any part of the Site, the Services, the Content or any source HTML code in any form or by any means (electronic, mechanical or otherwise) except for the sole purpose of using the Services and viewing or using the Content as permitted.

4. Objectionable Material

We do our best to filter unwanted material on our Site, and encourage any third party service provider to do the same, but whilst using the Services you may encounter Content that you find objectionable or offensive, which may or may not be identified as being of an explicit nature. You agree to use the Services at your own risk and we will have no liability to you for such Content.

5. Age Requirements

5.1 Unless otherwise stated on this Site, the Services are available only for people aged 13 or older. If you are aged 13 to 16, you should review these Terms with your parent or guardian to make sure that you and your parent or guardian understand and agree to these Terms.

5.2 We are concerned about the safety and privacy of our users, particularly children. Parents who wish to allow their children access to and use of the Site and/or Services should supervise such access and use. By allowing your child access to the Site you are allowing your child access to all of the Services. It is therefore your responsibility to determine which Services are appropriate for your child. Always use caution when revealing personally identifiable information about yourself or your children via any of the Services.

5.3 Access to certain Content may carry additional age restrictions. Where such a restriction applies you will be asked to confirm that you are old enough to view or purchase the items, as applicable.

6. System Requirements

The Services require a compatible terminal or device, internet or mobile access and (in some cases) particular software. These system requirements and any applicable fees are your responsibility. Please note that the Services may be affected by the performance of your hardware, software and internet access.

7. Your Use of our Site

You may not:

· restrict or inhibit any other user from using and enjoying this Site or the Services;

· act in any way that would damage, disable, overburden, or impair this Site or the Services or effect or encourage conduct that would constitute a criminal offence or give rise to civil liability;

· upload, post or transmit to, or distribute or otherwise publish through this Site any materials that contain a virus or other harmful component, or false or misleading indications of origin or statements of fact, or any material that is indecent, defamatory or use of which may be in breach of any third party’s rights;

· impersonate any person or entity or misrepresent your affiliation with any other person or entity;

· exploit any information or other material obtained on or through this Site for commercial purposes;

· engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, “screen scraping,” “database scraping”, or any other activity with the purpose of obtaining lists of users or other information (including any activity which involves accessing or using Loud cookies for purposes which are unrelated to the Services);

· attempt to gain unauthorised access to other computer systems through this Site or obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Site; or

· reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of or access to this Site or the Services.

8. Your Use of our Software

Software used to provide the Services (“Software”) is owned by or licensed to us, our affiliates or our software suppliers. You may use the Software only for the purpose of using the Services in accordance with these Terms and you acquire no other rights in the Software of any sort. In particular, but without limiting the foregoing, you may not:

· use the Software to transmit User Content (as defined in Section 13.2) to anyone other than Sixteen11 (for further information see Content Provided by You);

· use the Software to transmit any content other than the User Content to Loud or to anyone else;

· sell or otherwise distribute any part of the Software;

· modify, adapt, translate or reverse engineer any part of the Software;

· attempt to breach any security mechanisms or to access, tamper with or use any parts of the Software to which access is not authorised;

· use the Software for any illegal, unlawful, harassing, abusive or fraudulent purpose; or

· use the Software for any commercial purpose.

9. Registration and Passwords

9.1 You agree that you will provide truthful and accurate information when registering or opening an account. The decision to register a password is in our discretion and we may revoke your password at any time.

9.2 You are responsible for maintaining the confidentiality of the password and your account information, and you are solely responsible for all activities that occur under your password or account and for any access to or use of this Site by you or any person or entity using your password, whether or not such access or use has been authorised by you, and whether or not such person or entity is your employee or agent.

9.3 You must immediately notify us of any unauthorised use of your password or account or any other breach of security.

9.4 We will not be liable for any loss or damage whatsoever resulting from the disclosure of your username and/or password contrary to these Terms. You may not use another person’s account at any time without the express permission of the account holder.

9.5 Please amend your details as appropriate from time to time or email manager@mjvibe.com to notify us of any changes.

9.6 Please see our Privacy Policy for further explanation as to how we use the information we collect from you and how we use cookies and traffic analysis tools.

10. Our Products

10.1 Our Site may allow you to:

· purchase physical products e.g. apparel and other merchandise;

· download digital products e.g. music and videos;

· purchase mobile products e.g. music, videos and other Content such as wallpaper, screensavers and logos;

· subject to any separate specific terms and conditions, offer such services to you on a subscription basis.

If we decide to offer any additional products on the Site, such future products will also be covered by these Terms.

10.2 Terms and conditions provided by the software supplier may apply to your use of the software.

10.3 You may need to register with the Site before using the Services.

10.4 By placing an order through our Site, you warrant that:

· you are legally capable of entering into binding contracts; and

· you are at least 18 years old.

If you are under the age of 18 years and/or are not capable of entering into binding contracts but wish to use this Site, a parent or guardian should accept these Terms on your behalf.

Making an Order (Digital and Physical Products including Games and Mobile Products/Services if applicable) (see Sections 10.16-10.27 for Mobile Products/Services purchased via SMS)

10.5 Follow the onscreen instructions on the Site to make an order.

10.6 To remove an item from your shopping basket, simply click on the “remove” (or similar) button next to the item as it appears in your basket.

10.7 Once you have pressed the “checkout” (or similar) button you will be asked to provide certain information to allow us or a service provider engaged by us to process your order (including your selected payment method and card details).

10.8 You will receive an order summary confirmation on screen and/or by email (provided that you have provided us with a valid email address) acknowledging that we have received your order – this doesn’t mean that your order has been accepted. Your order represents an offer to us to purchase a particular item which is accepted by us only when we send you an email (“Dispatch Confirmation“) confirming:

· in the case of physical products: that particular product has been dispatched (in the case of physical products), or (if appropriate) and in the case of digital content: instructions for accessing your digital content.

10.9 Where your order was for products of a “hybrid” nature (e.g. a physical and digital product) we will refund the relevant element of the order in accordance with our cancellation policy (set out in Sections 10.28 and 10.31 as applicable) for that particular product.

Payment (Digital and Physical Products, including Games and Mobile Products/Services if applicable) (see Sections 10.16-10.27 for Mobile Products/Services purchased via SMS)

10.10 We can accept only Paypal for payment and PayPal prices appear on the Site and are inclusive of VAT unless otherwise stated. We may change the prices for products at any time by posting new prices on the Site.

10.11 By paying using paypal, you confirm that the Paypal Account is yours and that there are sufficient funds or credit available to cover the charges.

10.12 The purchase will appear on your Paypal Account or bank statement as Mjvibe.

10.13 It is always possible that, despite our best efforts, some of the items listed on our Site may be incorrectly priced. We will usually verify prices as part of our dispatch procedure so that, where a product’s correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on our Site, we will usually, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at an incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and could have reasonably been recognised by you.

10.14 Billing to your Paypal Account will take place prior to or at the time of dispatch in respect of physical products or at the time of your purchase or soon afterwards in respect of digital content.

10.15 Sixteen11 may use a third party service provider to process payments, but will ensure that any payment processor engaged by Sixteen11 will use Secured systems to process the payment.

Making an Order and Payment for Mobile Products and Services

10.16 This Site may allow you to purchase Content such as ringtones, realtones and wallpapers using your mobile phone, by either:

10.16.1 texting the relevant product code of your chosen product to the number advised from time to time; or

10.16.2 texting a keyword which will transfer you to the artist’s WAP site where you can browse and select products for purchase.

10.17 Follow the onscreen instructions on the Site to use these Services.

10.18 We may reject your order for any reason prior to acceptance. If we reject your order after payment has already been taken, we will immediately provide you with a refund.

10.19 This is NOT a subscription service.

10.20 You may purchase Content for your personal and non-commercial use only. We may withdraw Content and products from the Site at any time.

10.21 Please check your handset and network compatibility before ordering as refunds cannot be offered where an order has been placed for a non-compatible phone. Handset compatibility lists will be available on the relevant Site page applicable to the relevant product or service.

10.22 Please ensure your handset is WAP compatible and that your WAP service is activated. To activate your WAP service please contact your mobile operator.

10.23 There may be limits on the volume of content that can be stored on your mobile at any one time. For further information, please refer to the manufacturer of your handset.

10.24 This Service is available in theUKonly.

10.25 Please ensure that you have the bill payer’s permission before placing your order.

10.26 Charges for ringtones, realtones and wallpapers may be made by “reverse” text and will be deducted from your available credit if you are a pre-pay customer or will otherwise appear on your mobile phone bill. The charge for the Content is made, not when you text your order, but when we deliver the Content.

10.27 The text you send in and any download charges made by your network operator will be at your normal operator rate.

Cancellation, Delivery and Usage Rules

Digital Content

10.28 Cancellation: We are not able to cancel your purchase once we begin the process of delivering your order e.g. supplying your download or starting the streaming process.

10.29 Delivery: Each download item made available or purchased can be accessed via the relevant area of the Site using your log in details and then following the onscreen instructions –. If any streaming items are made available, all such streaming items made available or purchased can be accessed immediately after payment is authorised by following the instructions provided onscreen or via email. Please note that all MP3 files distributed are encoded with LAME at a minimum of 192Kbps VBR, with most recent releases encoded at a setting of 320Kbps VBR.

10.30 You may make such copies of a product as specified by any specific usage rules to that product, or such copies as are reasonably necessary for your personal, non-commercial use as applicable. You will not be entitled to burn audio-visual products.DRM software may be used from time to time to prevent any unlawful use.

Physical Products

10.31 Cancellation:

10.31.1 You may cancel your purchase at any time within 14 working days for any reason, beginning on the day after you receive the product(s). In this case, you will receive a full refund of the price paid for the product(s) in accordance with our refunds policy set out in Sections 10.37 to 10.41 below. For clarity, where your order was for products of a “hybrid” nature (e.g. a physical and digital product) and we have begun the process of delivering your digital product order, we will refund the relevant physical element of the order in accordance with our cancellation policy as set out in this Section 10.31.

10.31.2 To cancel, you must inform us in writing. Please return the product to us immediately in the same condition you received it (at your own cost and risk). You have a legal obligation to take care of the product while it is in your possession. If you fail to do so, we may have a claim against you for compensation.

10.31.3 Details of our Refunds Policy can also be found at Section 10.37.

10.31.4 This right to cancel does not apply:

(a) where CDs and/or DVDs (or other such audio or audio-visual products) have been unsealed;

(b) where the product has been made to your specification;

(d) where the product, by reason of its nature, cannot be returned.

10.31.5 Your statutory rights are unaffected by Section 10.31.4 above.

10.32 Delivery: Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no date is specified, then within 30 days of the Dispatch Confirmation, unless there are exceptional circumstances.

10.33 Risk and Title: products purchased will be at your risk from the time of delivery. Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges.

Mobile Products/Services

10.34 Cancellation: We are not able to cancel your purchase once we begin the process of delivering your order.

10.35 Please allow up to 24 hours for delivery of the link to your mobile handset.

10.36 Usage Rules: You may store one copy of purchased Content on your mobile. You may not copy, modify or forward any purchased Content.

Refunds Policy

10.37 However, you will be responsible for the cost of returning the item to us. For clarity, where your order was for products of a “hybrid” nature (e.g. a physical and digital product) and we have begun the process of delivering your digital product order, we will refund the relevant element of the order in accordance with our cancellation policy (as set out in Sections 10.28 and 10.31 as applicable) for that particular product.

10.38 If you seek to cancel your purchase because you claim that the product is defective or that there has been damage or error on our part, we will examine the returned product and will notify you of your refund or otherwise via email within a reasonable period of time.

10.39 In the event that we have to cancel your order after payment has been taken, as outlined in Section 10.13 above, we will notify you of our need to cancel your order and supply you with a refund as soon as possible.

10.40 We will usually process any refund due to you as soon as possible and, in any event, within 30 days of the day we confirm to you via email that you are entitled to a refund. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.

10.41 We will usually make any refund using the same method originally used by you to pay for your purchase.

Technical Problems

10.42 Occasionally, technical problems may delay or prevent delivery of a purchased product. In those circumstances, your sole remedy will be either a replacement product or a refund, as determined by Sixteen11 or the relevant third party supplier as appropriate. Your statutory rights are not affected.

10.43 We will not be liable to you for failures, defects or delays in delivery caused by:

· your provision of incorrect information;

· your computer failing to meet the minimum technical requirements for the Services;

· your failure to comply with instructions for use of the Services;

· an event which is outside of our reasonable control, and in addition, in relation to mobile services only:

· your mobile handset being incompatible with the Services;

· your mailbox being full and unable to receive Content;

· your handset having limited signal;

· your failure to comply with instructions for use of the Services; or

· an event which is outside of our reasonable control (including, but not limited to, any technical problems arising from the provision of services by a third party whose services you elect to access).

11. Import duty

11.1 Products ordered from our Site for delivery outside theUKmay be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. We have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

11.2 You must make sure that you comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

12. Games

We may from time to time provide access via the Site to games, applications, and other such features (the “Games“) that may be accessed by you subject, in addition to the Terms, to the following specific provisions:

12.1 Unless otherwise specified, all content, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software accessible via the Site (collectively the “Materials“) are the property of Sixteen11, or its suppliers, and are protected by UK and international copyright, trade mark and other relevant intellectual property and proprietary rights laws.

12.2 You may access and use the Games and the Materials only for your personal and non-commercial use and, if applicable, in accordance with the terms of the end user licence agreement that accompanies or is included with the Games and which is incorporated into these Terms by reference.

12.3 Except as expressly authorised by us in writing, you may not modify, download, reproduce, copy, sell, post, transmit, create derivative works from, publicly perform, publicly display, distribute or otherwise use the Games or the Materials for any other purpose.

12.4 You may not link to or frame the Games or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Loud without first obtaining our express written consent.

12.5 You may not use any meta tags or any other “hidden text” using our name or trademarks without our express written consent. Any unauthorised use terminates immediately the permission or licence granted by us.

12.6 You agree that Sixteen11 in its sole discretion may terminate, modify, delete or suspend your access to the Games, or any part thereof, with or without notice to you. In the event of termination for any breach of these Terms, all unused credit if applicable, and/or other aspects of your Games account will be forfeited.

12.7 Your use of the Games is subject to other Sixteen11 policies and rules posted on the Site, including our Privacy Policy. We reserve the right to make changes to the Games, the policies, the rules, and these terms at any time.

12.8 You hereby consent to receive such electronic communications.

12.9 Sixteen11 does not warrant that the Games, its servers, or any electronic communications sent to you are free of viruses or other harmful components.

13. Content Provided by You

13.1 Some Services may allow you to upload or otherwise provide content to us.

13.2 All content that you provide, including but not limited to any and all text, graphics, photos, images, music, audio and audio visual material, software and all information accompanying the same is referred to in these Terms as “User Content“.

13.3 By uploading, sending or otherwise making available User Content to us, you are authorising us, and granting us an irrevocable, worldwide, perpetual, royalty-free, and non-exclusive licence to exploit the User Content in order to:

• host the User Content on our servers;

• index the User Content; and

• modify, display, reproduce, make available, distribute and otherwise to communicate the User Content to the public, in whole or in part throughout the world on the Site and in connection with the Services and with other Sixteen11 products and services now existing or developed in future.

13.4 As between you and us, you will retain ownership of your User Content at all times.

13.5 We are not required to make available or otherwise exploit any User Content uploaded or otherwise provided to us. We are not responsible for any loss, theft, rights infringement or damage of any kind to the User Content and you take sole responsibility for the User Content that you provide to us.

13.6 You will not provide or transmit via the Services any User Content that:

• is offensive or promotes racism, hatred or physical harm of any kind against any group or individual;

• harasses or promotes or enables harassment of another person;

• involves, promotes, enables or facilitates the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;

• comprises or promotes information that you know to be false or misleading;

• involves, promotes, enables or facilitates illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

• infringes any rights of any third party (such as but not limited to images of well known characters, pictures, music, commercial recordings) or which results in the disclosure of personal information of a third party or the confidential information of any person;

• comprises, promotes, enables or facilitates an illegal or unauthorised copy of another person’s copyrighted work, such as, but not limited to, providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music sites or files;

• contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

• comprises, promotes, enables or facilitates access to material that exploits people in a sexual or violent manner, or solicits personal information from anyone under the age of 18;

• comprises, promotes, enables or facilitates access to instructional information about illegal activities such as, but not limited to, making or buying illegal weapons, breaching someone’s privacy, or providing or creating computer viruses;

• solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or

• involves, promotes, enables or facilitates commercial activities and/or sales without our prior written consent such as auctions, contests, sweepstakes, barter, advertising, or pyramid schemes,

and in accordance with Section 13.10 below, we have the right to remove, edit and suspend such User Content.

13.7 You are solely responsible for ensuring that you hold and will continue to hold all of the rights that you need to have in order to transmit User Content to us and to grant to us the rights granted in these Terms.

13.8 By providing User Content to us, you agree that:

• you are at least 18 years of age; and

• all of the information provided by you is correct and current.

13.9 You also agree that the User Content and the rights and licences granted to us under these Terms do not and will not violate any applicable law, statute or regulation and do not and will not breach any duty toward or rights of any person or entity including, without limitation, intellectual property rights, publicity or privacy rights, or rights or duties under consumer protection, product liability, tort or contract theories.

13.10 You also accept, however, that we have no obligation to monitor or moderate any of your User Content and our right to do so should not in any respect be regarded as a substitute for your obligations under these Terms.

14. Blogs, Forums, Message Boards

14.1 If a particular Site provides blogs, forums or message boards, you will need to register with the Site to use these Services.

14.2 For the purposes of these Terms, messages posted on the Site are treated as User Content and are subject to the applicable rules set out in these Terms.

14.3 Although the administrators and moderators of the Site will attempt to keep all objectionable messages off the Site, it is impossible for us to review all messages.

14.4 Messages posted express only the views of the author and we are not responsible for the content of any message.

14.5 We may remove, move, edit or close any blog, message or thread for any reason.

14.6 We strongly advise you not to post your contact or other personal details on the Site.

15. Termination

15.1 We may, in our sole discretion, terminate your password, account (or any part thereof) or use of this Site without notice if you are in breach of these Terms or if we believe in our absolute discretion that your User Content or your use of the Services or the Content or the Software is unsuitable.

15.2 Termination, suspension or cancellation of your access rights shall not affect any other right or relief to which we may be entitled, at law or in equity.

15.3 Upon termination, all rights granted to you under these Terms will automatically terminate and immediately revert to us and our licensors (save for any continuing rights which you may have in connection with products which you have purchased from this Site).

16. Liability

16.1 We warrant to you that any goods purchased from us through our Site are of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

16.2 In relation to our supply of products via this Site (including both digital and physical products) our liability for losses which you suffer is strictly limited to the purchase price paid by you, if any, and any losses which are a foreseeable consequence of us breaching these Terms. Losses are foreseeable if they are contemplated by you and us at the time your order is accepted by us. We are not responsible for indirect losses which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.

16.3 If you are an individual consumer, this may not apply to you and instead Sixteen11 will be liable to you only for the direct and actual loss suffered by you and will not be liable for any indirect, incidental, and consequential loss, even if Sixteen11 has been advised of the possibility of such loss.

16.4 You agree to indemnify Sixteen11, its affiliates, subsidiaries, service providers, distributors, licensors, officers, directors and employees from any claim or demand made by any third party due to, or arising out of or related to your breach of these Terms, misuse of the Games, or your violation of any applicable law, rule, regulation or third party right.

16.5 This Section does not in any way limit or exclude our liability:

16.5.1 for death or personal injury caused by our negligence;

16.5.2 under section 2(3) of the Consumer Protection Act 1987;

16.5.3 for fraud or fraudulent misrepresentation; or

16.5.4 for any other matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

17. Transfer of Rights and Obligations

17.1 The contract between you and us created by these Terms (the “Contract“) is binding on you and us and on our respective successors and assigns.

17.2 You may not transfer or assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.

17.3 We may transfer, assign, charge or sub-contract the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract provided that we remain primarily liable for our obligations under the Contract where applicable.

18. Events Outside Our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control. Our performance under these Terms is deemed to be suspended for the period that any such event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to find a solution by means of which our obligations may be performed despite such event.

18.1 Once your orders are received, we ship products according to our mailing procedures. Should any products, through no fault of the company, be lost within the postal system, we will address each case individually to devise the suitable course of action. This may be in the form of a replacement product being shipped. However this is not guaranteed and is individual to each case.

19. General

19.1 These Terms, together with any documents or links to other terms referred to in them, constitute the whole agreement between you and us and supersede and extinguish any prior understandings, agreements or terms between you and us.

19.2 The rights and remedies provided in these Terms are cumulative and are not exclusive of any rights and remedies provided by law or otherwise.

19.3 No breach by either you or us of any provision of these Terms shall be waived or discharged except with the express written consent of the other.

19.4 No failure or delay by either you or us in exercising any right, power or privilege under these Terms shall operate as a waiver of that right, power or privilege and no single or partial exercise by either you or us of any right, power or privilege shall preclude any further exercise of that right, power or privilege or the exercise of any other right, power or privilege.

19.5 These Terms shall be binding on and endure for the benefit of each party’s successors in title.

20. Governing Law and Jurisdiction

20.1 These Terms shall be governed by and construed in accordance with English law and you and we hereby irrevocably submit to the non-exclusive jurisdiction of the English Courts as regards any claim or matter arising in relation to these Terms.

20.2 If you order products from our Site for delivery outside theUKthey may be subject to import duties and taxes that are levied when the delivery reaches the specified destination. You will be responsible for the payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

20.3 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

21. Communication

21.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Site. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. For the avoidance of doubt, all communications, including the conclusion of the contract, will be in English. This does not affect your statutory rights.

21.2 All notices given by you to us must be given to us at the address set out in Section 1.1 or contact manager@mjvibe.com We may give notice to you at the email or postal address you provide to us when placing an order or registering with the Site, or by posting the notice on the Site. Notice will be deemed received immediately when posted on our Site, 24 hours after an email is sent, or 3 days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that the email was sent to the specified email address of the addressee.

21.3 If you have any queries about these Terms, this Site or any of our Services please contact: manager@mjvibe.com

PRIVACY POLICY

Last Updated10 November 2011

This is the Privacy Policy of Sixteen11 Media Group Limited and its subsidiary companies (collectively “Sixteen11”, “we”, “us”), which applies to this website (the “Website”). A full list of the Sixteen11 Media group companies that may jointly use personal data about you pursuant to this policy is available at by demand at manager@mjvibe.com . Sixteen11 Media Group Limited is the entity responsible for the management of jointly used personal data.

In conjunction with any applicable Terms and Conditions of Use, this policy sets out the basis on which any personal data you provide will be collected, processed, used and stored by us. Please read it carefully. By visiting this Website you are accepting and consenting to the practices described in this Privacy Policy which may be amended from time to time. If you use the Website after we have published such changes, you will be agreeing to be bound by those changes. If you do not agree to be bound by this policy at any time, you should not use the Website.

Children

You must be at least 13 years old to register with us. Please do not provide any of your details to us if you are under 13 years old. If you are between the ages of 13 and 16 please ensure that you have your parent’s or guardian’s consent to register and/or before you provide any personal data to the Website. Users without this consent are not allowed to provide us with personal data. If we become aware that you are under 13 and are attempting to or have submitted personal data via the Website, or that you are between the ages of 13 and 16 and are attempting to or have submitted personal data via the Website without your parent’s/guardian’s permission, we will not accept such information and we will take steps to remove such information from our records. This may involve us having to access and verify your age and other relevant details.

Introduction

This Privacy Policy explains the following:

What data we collect about you;
Analysis tools and our use of cookies on the Website and how you can reject these cookies;
How Sixteen11 aka ‘King Of Shop’ stores and processes data about you;
Passwords;
How Sixteen11 uses data about you;
When and how we communicate with you;
Whether we will disclose personal data about you to anyone else;
How you can opt-out from receiving communications from us;
How you can opt-out from our sharing personal data about you;
How long we may keep personal data about you; and
How to contact us.

What data we collect about you and why

• When you use the Website, there are different ways we and any service providers who assist us in managing the Website gather information about you. When you register with us, we ask for information such as your name, email address, postal address and contact details. We keep a record of the information we collect on your initial and subsequent vists to the Website and any other information relating to you that we may obtain from our suppliers or other third parties. This record will be stored and processed in theUnited Kingdomand other countries (see further below under “How we store data about you” and “How we use personal data about you”). All this is necessary for us to recognise you, provide you with the services or information you have requested from us and, where appropriate, to maintain your account with us. In addition to the uses described below, we may also use this information to improve our platform and prevent or detect abuses of our Website. You may also be required to provide personal data to order products or participate in one of our online forums or communities. You are under no obligation to provide such data. However, if you should choose to withhold requested information, we may not be able to provide you with certain services.

• We may keep a record of any electronic correspondence you send us. This helps us to keep track of any problems or concerns you may have had with our Website or services.

• If retail opportunities are provided, when you place an order, a third-party payment processor may collect a payment account number. This record will be stored and processed in theUnited Kingdomand other countries (see further below under “How we store data about you” and “How we use personal data about you”).

• Please note that sometimes on particular web pages on the Website we will require you to provide additional personal data. When we do this we will specify further on these web pages why we are collecting this data and how we will use it.

Analysis Tools and our use of cookies

• We currently use Google Analytics and other third party analytics companies to analyse how visitors use our Website and to find ways of improving it. To do this, we use Web beacons, pixel tags, clear GIFs and cookies on the Website; these are text files that collect and log site user behaviour information including domain names, IP addresses (the number automatically assigned to your computer by your Internet Service Provider), along with usage statistics (e.g., the type of web browser and operating system you use) and browsing history in an anonymous form. The information collected is transmitted to Google and other third party analytics companies and used to compile statistical reports for us. The information concerned is not used to track or collect any information which may be used to identify a particular individual. All information is used and held anonymously.

• We may also use cookies and other technologies to optimise your experience on the Website. Cookies are pieces of information that a website transfers to your hard drive to store and sometimes track information about you. Cookies can be used to recognise users when they return and may help us to customise the Website for you based on your preferences. Cookies may also be used to identify the user’s geographic location and enable us to restrict particular services to users in certain countries. Although they do identify a user’s computer, cookies do not personally identify users and passwords and payment information are not stored in cookies.

• We control how the data collected from our cookies and other technologies may and may not be used. If you do not want to help us to learn how to improve our Website, products, offers and marketing strategy, you can “opt-out” of our ability to analyse such data and disable cookies by modifying the settings in your browser. Please note that this might affect some functionality on the Website. For more information about cookies and how to disable them, please go to www.allaboutcookies.org.

• Third-party advertisers on the Website may use cookies and other technologies in their advertisements for statistical purposes; we have no control over cookies placed on the Website by third parties.

How we store and process data about you

In order to communicate with you about local events, offers and opportunities and other news, the data that we collect from you may be transferred to, stored, used and processed by Sixteen11. Such entities may be engaged in, among other things: (i) preparing and sending newsletters to which you subscribe; (ii) the fulfilment of your orders; (iii) the processing of payment details; and (iv) the provision of support services. The laws of some countries may not provide the same levels of protection of personal data as your home country, particularly if you are resident in the EEA. By submitting data, you agree to the collection, transfer, storage, use and processing of data about you for the purposes described in this policy. We will take reasonable steps to ensure that data about you is treated securely in accordance with this Privacy Policy, and that all information you provide to us is stored on our secure servers or those of our service providers.

Passwords

Where we have given you (or you have chosen) a password to access the Website, you are responsible for keeping this password confidential. Please do not share the password with anyone. We will never contact you and ask for your password.

How we use personal data about you

All the information we collect via our Website, or through correspondence with you, is used to provide you with any information, products or services you have requested, to operate Sixteen11’s business and to improve the services and products that we offer you. We will use personal data about you for purposes such as:

• managing the Website and access to it so that it is presented in the most effective way for you and your computer;
• dealing with orders and accounts for the supply of our goods and services;
• planning and managing Sixteen11’s business activities, including analysing users’ preferences;
• research;
• providing you with information about the products and services we offer (subject to your preferences where possible);
• providing you with information about specially selected third party products and services (if you consent to receive such information on registration);
• notifying you of any changes to our products and services;
• providing you with password reminders or to notify you that a particular service has been suspended for maintenance; and
• processing and dealing with any complaints or enquiries made by you.

As described above data may be shared within Sixteen11. There are only a limited number of circumstances in which we may share with others some or all of the data about you that we hold; these are set out below.

• With agents and other third parties who assist us in the services we provide to you by, for example, hosting sites or sending emails on our behalf, and with retail partners on the Website. In these instances, we provide them with only the information that they will need to perform their function. Sixteen11 requires these third parties to comply with Sixteen11’s instructions and requires them not to use any personal data for their own business purposes.
• In the event that our business assets are ever sold to, or purchased by, another company (our data records are part of our business).
• With our joint venture partners.
• Where you have expressed an interest in one or more particular artists and have consented to the sharing of information with any such artist(s), we may share personal data about you with such artists and their representatives. Such artists may use this information to contact you regarding products, programs, services and promotions that the artists believe may be of interest to you. We do not control, and are not responsible for, artists’ use of personal data. If you decide that you no longer wish Sixteen11 to be able to share personal data with artists and their representatives, please see the section on opting-out below.
• If we are under a duty to disclose or share personal data about you in order to comply with any legal obligation, at the request of relevant regulatory or governmental authorities, pursuant to a subpoena or comparable binding request, or in order to enforce or apply the Terms and Conditions of Use of applicable to this Website, or to protect the rights, property or safety of Sixteen11, its customers, or others.
• We may make available services such as message boards, chat functionality and blogs, to which you are able to post information and materials. Please note that any information you disclose through such services or otherwise on the Website becomes public information, and may be available to visitors to the Website and to the general public. In addition, when you choose to make a posting on such services certain personal data will be available for other users to view. We urge you to exercise discretion and caution when deciding to disclose personal data about you, or any other information, on the Website. WE ARE NOT RESPONSIBLE FOR THE USE BY ANY THIRD PARTY OF ANY PERSONAL DATA YOU VOLUNTARILY DISCLOSE THROUGH ANY SUCH SERVICES OR OTHERWISE ON THE WEBSITE.
• With your express consent.

So far as practicable we will seek to ensure that each disclosure of personal data about you will be subject to an obligation of confidentiality.

We may also use and share anonymised, aggregated data, such as access statistics, within Sixteen11 and with third parties such as advertisers. This information will not involve the identification of individuals.

When and how we communicate with you and how you can opt-out from receiving future communications or from our sharing personal data about you

We may use the information we collect to contact you by post, email and telephone (including automated calls, and by SMS text messages and other multimedia electronic messages such as picture messaging) so as to contact you:

• in relation to the functioning of any services you have signed up for in order to ensure that we can deliver the services to you;
• to provide you with further information;
• in relation to any contribution you have made to the Website, e.g. on our message boards;
• to invite you to participate in surveys about our services (participation is always voluntary);
• for marketing purposes subject to any elections that you have made in this respect;
• about a submission you have made to the Website, including any content you provide.

We will not send you unsolicited premium rate SMS messages (which are SMS messages you pay to receive), although your service provider may impose a charge on any messages that you receive. Please check with your service provider for details.

You will be given the opportunity to opt-out of receiving such marketing information at the point when your details are collected. All promotional information from us will come with instructions on how to opt-out from receiving further information in the future.

You can tell us not to contact you or share the information with a third party either at initial registration or later through updates. We may occasionally contact you about products and services we feel may be of interest to you. This contact will only come from us (or our agents, joint venture partners or our artists) and only if you have indicated that you do not object to these offers. If you would prefer to no longer receive marketing-related messages from us, or if you would prefer that we not share personal data about you with any of our joint venture partners or artists, you may opt-out of receiving messages from us or from our future sharing of information about you by following the “unsubscribe” instructions in the latest such message you have received. We will endeavour to comply with your request as soon as reasonably practicable. Please keep in mind that if you opt-out of receiving promotional messages from this Website, we will continue to send you transactional messages and important account-related information regarding this Website or products or services offered through this Website. We also will continue to honour your requests regarding promotional communications from other Sixteen11 websites for which you have subscribed.

Please note that if you opt-out as described above, we will not be able to remove personal data about you from the databases of joint venture partners or any artists with which we have already shared personal data about you (i.e., to which we have already provided personal data about you as of the date that we implement your opt-out request). If you wish to cease receiving [marketing-related messages from such joint venture partners or any artists, please contact such joint venture partners or any artists directly or utilize any opt-out mechanisms set out in their respective privacy policies or marketing-related messages.

Data over the Internet and other websites

The Internet is a global network and, therefore, there are times when data about you travels globally and may not always be completely secure. If you provide us with data over the Internet, this will be at your own risk. By using the Website, you agree and authorise us to process data in this way. However, please be assured that we use commercially reasonable procedures and security features to prevent unauthorised access to data about you.

Where the Website contains links to third party websites, please note that these have been included for convenience only. Neither Sixteen11 nor any of its affiliated companies, controls the content of any linked site and any personal data collected by such sites will be subject to the privacy policy of the third party operating that site. Please read any such third party’s policy carefully before providing any personal data on such websites.

We sometimes may offer content (e.g., competitions, sweepstakes, or promotions) sponsored by or co-branded with identified third parties. By virtue of these relationships, the third parties may obtain personally identifiable information that you voluntarily submit to participate in the Website activity. We are not responsible for and have no control over these third parties’ use of this information. However, we will notify you at the time of requesting personally identifiable information if these third parties will obtain such information.

We may use third parties to present or serve the advertisements that you may see on the Website. This Privacy Policy does not cover any use of data that a third party ad server may have collected from you.

Offensive or inappropriate content

If you post or send offensive, inappropriate or objectionable content anywhere on or to the Website, or otherwise engage in any disruptive behaviour on the Website, we may use the personal data we hold about you to stop such behaviour. Where we reasonably believe that you are or may be in breach of any applicable laws (for example, but without limitation, content you have posted may be defamatory), we may use the personal data we hold to inform relevant third parties such as your employer, school email/Internet provider or law enforcement agencies about the content and your behaviour.

Legal disclaimer

We are not responsible nor will be liable to you in any way for events beyond our direct control. Because of the complex and constantly changing nature of our technology and business, we cannot guarantee nor do we represent that our performance will be error free, and to the maximum extent permitted by law we will not be liable for any direct, indirect, incidental, consequential or punitive damages or other loss suffered by you and relating to the use or release of your personal data.

How long we will hold personal data about you

We will hold personal data about you on our systems for as long as is necessary for the relevant service, or as long as is set out in any relevant contract you hold with Sixteen11, subject to any applicable laws and/or regulations. In the case that you wish to cancel your registration as a member of the Website once an account is deleted, people cannot use the personal data about you other than for administrative purposes, but it stays on the system for a period of one year for administration purposes before being deleted.

Where you contribute to the Website, we will generally only keep your content for as long as is reasonably required for the purpose(s) for which it was submitted.

Further Information; How to contact us

If you have questions about personal data relating to you, or our privacy policy, or wish to change or update data we hold about you, please contact us at manager@mjvibe.com. To see all of the information we have about you, and to correct any inaccuracies, change your options in relation to the information you wish to receive or to cancel your registration, please write to us via email. Any access request may be subject to a fee of £10 to meet our costs in providing these details.

Returns Policy

In an ideal world every order we ship out would be perfect in every way, however we know from time to time either we send out an incorrect item or you’re simply not happy with an item when it arrives. Because of this we have a returns policy that lets you know, in addition to your statutory rights, how to go about returning goods to us that you aren’t happy with. Please note that we ship all order every Saturdays except during holidays (Yes we do need some holidays some times) which will be announced on the website front page.

OUR 14 DAY GUARANTEE
You can return any item bought at king-of-shop.com or Mjvibe.com to us within fourteen days of receipt and get a refund or have the item exchanged. You can return it because you simply don’t like it, because it didn’t fit, because of a manufacturing fault or because we sent an item in error. Return Shipping costs will be on your charge. To return an item please contact us at manager@mjvibe.com.

BEYOND OUR 14 DAY GUARANTEE PERIOD
Sadly once the 14 day guarantee period has passed we can only accept items back that clearly have manufacturing faults. We aren’t able to take back items that don’t fit, where shipped wrongly or you simply didn’t like once our guarantee period has ended. To return an item please contact us at us at manager@mjvibe.com.

EXCEPTIONS TO RETURNS POLICY
There are one or two exceptions to our returns policy. Sadly we aren’t able to accept returned items that have clearly been worn and washed or are soiled or dirty. We can’t accept items back that (in our opinion) have been deliberately damaged or have been subject to excessive wear and tear. All returned items must be in un-worn condition and should be returned with the original packaging.

SHIPPING AND RESTOCKING CHARGES
Sixteen11 reserves the right to charge customers a £1.00 re-stocking charge to cover the cost of dealing with returned items. When a customer exchanges an item we reserve the right to charge a £1.00 reshipping charge per item to cover the additional costs of shipping out the replacement item.

LATE OR LOST ITEMS
Items to be delivered within the UK will be sent primarily by Royal Mail (in the UK) using their 1st Class Delivery service. For items sent internationally these may either be sent through the Royal Mail Delivery service or another suitable post carrier. Once your items are placed by us with the relevant post carrier, we are no longer liable for those items and in the event that they are late, lost or stolen, it is with that relevant post carrier that any liability for late, lost or stolen items will lie. However, Sixteen11 will endeavour to make all reasonable efforts to assist you in tracking down your items so that they are delivered to you.

COPYRIGHTS
By entering and using this site, you acknowledge and agree that all the text, graphics, images, photographs and designs including fabrics, accessories and products which appear on this site, and the design, look and feel of the site itself, are protected by copyright, design right, trade mark rights and other intellectual property rights, which are either owned by Sixteen11. You acknowledge and agree that the material and content contained within this web site is made available for your non-commercial use only. You may view and download such material and content onto only one computer hard drive for such purpose. You agree to and agree not to assist or facilitate any third party to: a. Copy, reproduce, transmit, adapt, publish, display or distribute any part of this site; b. Commercially exploit or create derivative work of such material and content or to incorporate any of it into other work, including any website, whatsoever; c. Copy, make any design documents, make articles to, or otherwise use any of the designs depicted in this site; or d. Use the graphics on this site separately from the accompanying text; except with the prior written consent of Sixteen11. This site contains proprietary notices such as moral rights, trademarks, design and copyright information, the terms of which must be strictly observed and followed. All rights not expressly granted in these terms are reserved. Your use of this site is at your sole risk. Certain links on this site may lead to other web sites, which are not under the strict control of Sixteen11. When you activate any of these links you will leave the Sixteen11 web site. We will accept no responsibility or liability in respect of the material on any web site that is not under our control.

RESALE
You are not allowed to resell any goods or offer any goods for sale, in any country without our prior agreement.

Sixteen11 Media Group Ltd,
71-75 Shelton Street
Covent Garden
London WC2H 9JQ