The website at www.cheertv.co.uk (“Site”), is provided to you by Cheer Interactive Television Limited or other companies within the Geras Ltd Group of companies (“us”, “we”). For our contact details please see the end of these Terms of Use. These Terms of Use set out important information regarding your rights and the restrictions that apply when you use any of these Services and we recommend that you read them carefully. If you do not agree to comply with these Terms of Use then you should not use the relevant Services.

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1.    General

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1.1    These Terms of Use were last updated on 1 May 2024. Any amendments made to these Terms of Use that may affect your rights will be notified on the homepage of the Sites for at least a week after they have been made. However, it is your responsibility to ensure that you review these Terms of Use regularly to familiarise yourself with any changes.

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1.2    You may be asked to agree to additional terms and conditions where you purchase any products or otherwise interact with or take up any specific services (whether offered by us or our partners) via the Services, for example, competitions, message boards, subscriptions, message or alerts services etc.

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2.    Restrictions on Use of Content and Services

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2.1    Contents on or otherwise made available through the Services (“Contents”) and any software provided to you by us or third parties to enable you to access and use the Services (“Software”) may not be copied, reproduced, communicated to the public, republished, downloaded, posted, broadcast or transmitted or used in any other way except for your own personal non-commercial home use unless expressly permitted. You are only granted a non-exclusive; non-transferable, revocable licence to access and use the Content and Software and you agree not to adapt, alter or create a derivative work from any of the Contents or Software or part thereof or use it for any other purpose other than for your personal non-commercial use. 

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2.2    The names, images and logos identifying us, companies in the Geras Ltd Group, our partners or third parties and our/their products and services contained in the Services are proprietary marks and may not be reproduced or otherwise used without express permission. 

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3.    Links To and From Other Websites and Services

3.1    The Services may provide links to other websites and third-party services from time to time (via advertising or otherwise). These links are provided for your ease of reference and convenience only. We do not control such third-party websites or services and are not responsible for their contents. Our inclusion of links does not imply any endorsement of the material contained in such websites or services or necessarily any association with their operators. 

3.2    You acknowledge that we will not be party to any transaction or contract with a third party that you may enter into via the Services and we shall not be liable to you in respect of any loss or damage which you may suffer by using those third party websites and services. You agree that you will not involve us in any dispute between you and the third party although, in the event of any complaint regarding an Application, you may contact us as set out at the end of the Terms.

4.    Your Obligations and Promises in using the Services

4.1    You agree that, in accessing or using the Services, you will not:

4.1.1    use the Services in any way that may lead to the encouragement, procurement or carrying out of any criminal or otherwise unlawful activity, cause distress or inconvenience to any other person or that may be obscene; 

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4.1.2    use the Services for any purpose other than your personal, non-commercial use; or

4.1.3    do anything that may cause damage to the Services or our servers, systems or equipment or those of third persons including, without limitation, hacking, distribution of viruses, logic bombs or harmful other computer devices.

4.2    We reserve the right to suspend, restrict or terminate your access to the relevant, or all, Services at any time at our discretion.  

4.3    You promise that you undertake to comply with the restrictions on your use of the Services as set out in these Terms of Use.

4.4    You agree to compensate and hold us harmless from any claim or damages (including any legal fees in relation to such claim or damages) made by a third party in respect of any matter in relation to or arising from your use of the Services including any breach or suspected breach of these Terms of Use or your violation of any law or the rights of a third party. 

5.    Our Legal Obligations and Limits On Liability

5.1    Nothing in these Terms of Use shall exclude or limit our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence or the negligence by us, our employees or agents.

5.2    We do not accept any liability for damage to your computer system or loss of data that results from your use of the Services and we cannot guarantee that any files that you download are free from viruses, contamination or destructive features.

5.3    Whilst we use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention, we do not promise that the information made available via the Services will be free from errors or omissions and do not promise that the Services will be available uninterrupted and in a fully operating condition. Access to the Services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control.

5.4    Our liability in tort, contract, negligence, pre-contract or other representations or otherwise arising out of or in connection with and/or these Terms of Use shall be limited to £1,000.

5.5    We will co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of or locate anyone breaching these Terms of Use or otherwise for the prevention or detection of crime or the apprehension or prosecution of offenders.

6.    Privacy

You are urged to read our Privacy Policy posted on our Site which contains important information about the use of your personal data other information regarding your privacy.

7.    Severance

If any provision of these Terms of Use shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms of Use which shall remain in full force and effect. 

8.    Law and Jurisdiction

These terms shall be governed by and interpreted in accordance with the laws of England (or the laws of Scotland if you are domiciled there). Disputes arising in connection with these terms shall be subject to the exclusive jurisdiction of the courts of England and Wales unless you choose the jurisdiction of your domicile in Scotland or Northern Ireland.

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9.    Force Majeure 

9.1    In these Terms of Use, a "force majeure" event shall include, without limitation, strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule regulation or direction, accident breakdown of plant or machinery, fire, flood, storm or default of suppliers, and where they are beyond our reasonable control, any other acts, events, omissions or accidents.

9.2    We shall not be liable for any failure, any suspension or any termination of access to the Sites or any content in connection with or arising out of a force majeure event.

10.    Contact Details

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You can email us with any questions, queries or complaints at info@cheertv.co.uk.
Geras Limited, 220 New London Road, Chelmsford, CM2 9AE.