www.midbritain.com(the “Website”) is owned and operated by Associated Newspapers Limited, a limited liability company registered in England and Wales with registered number 00084121 and registered office at Northcliffe House, 2 Derry Street, London, W8 5TT.
The terms “we”, “our”, “us” when used in these Terms means Associated Newspapers Limited (“Associated”).
The terms “you”, “your” and “yours” when used in these Terms means you as a user of the Website.
1. USE OF THE WEBSITE
| 1.1 |
Please read the following terms and conditions (the “Terms”) carefully before using the Website. The Terms form the agreement between you and us and govern your use of the Website. |
| 1.2 |
By using the Website and/or by registering with us, you signify your agreement to be bound by the Terms. If you do not agree to accept the Terms, you should not use the Website or register for any of the services available through the Website. |
| 1.3 |
We reserve the right to change these Terms at any time and you are advised to review the Terms regularly to ensure that you are aware of any changes. Your continued use of the Website after such changes are posted will be deemed agreement on your part to these Terms, as amended. |
2. INTELLECTUAL PROPERTY RIGHTS
| 2.1 |
Copyright and all intellectual property rights in the content of the Website are either owned by or are licensed to Associated and are protected by such rights including, without limitation, by copyright and under trade mark laws. Except as specifically provided in Clause 2.2, no part of this Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed, in any form, and/or for any other purpose. Use of the Website content for any other purposes other than as allowed in these Terms and any modification, alteration or adaptation of the content is an infringement of intellectual property rights of Associated and may infringe the rights of third parties. |
| 2.2 |
Subject to Clause 4, Articles (excluding photos and other images) on the Website may be freely used, quoted, copied and/or distributed but in each case subject to the following conditions |
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2.2.1 |
you must not modify, alter or adapt such copy in any manner which Associated considers in its sole discretion to be harmful or derogatory to the reputation or business of Associated or the Website itself; and |
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2.2.2 |
you must ensure that appropriate acknowledgement is given to the Website as copyright holder and original publisher; and |
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2.2.3 |
you must not remove or alter any copyright or other proprietary notices on any copies made by you |
| 2.3 |
In the event that you download software from the Website, the software, including any files, images incorporated in or generated by the software or any data accompanying the software (together the “Software”) are licensed to you by Associated solely for the purposes set out at Clauses 2.2.2 and 2.2.3. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Software and must comply with the conditions of use set out in these Terms. Software downloaded from this Website is subject to UK export controls. No Software may be downloaded or otherwise exported or re-exported into any country to which the UK has embargoed goods. By downloading or using the Software, you represent and warrant that you are not located in, or under the control of, or a national resident of any country or on any such list. |
| 2.4 |
All trade marks and logos shown on the Website are either owned by us, Associated, or a third party. No rights are granted to use any trade marks or logos which appear on this Website other than as expressly set out in Clause 2.2 above. For the avoidance of doubt, you may not use any meta tags or any other hidden text utilising Associated’s trade marks without our prior written permission. |
| 2.5 |
Under no circumstances shall the use of this Website or the Software grant to any user any interest in the content of the Website, the Software or in any intellectual property rights of Associated whatsoever. |
| 2.6 |
No part of the website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Associated’s prior written permission. |
3. MISUSE OF THE WEBSITE
| 3.1 |
You must not, nor must you allow any other person, to alter, add to, delete, remove or tamper with this Website or any part of it or indirectly disrupt or interfere (or attempt to disrupt or interfere) with or alter this Website. You must not misuse our Website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website including without limitation via a denial-of-service attack or a distributed denial-of service attack. |
| 3.2 |
By breaching Clause 3.1, you could commit a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to access and use our Website will cease immediately. |
| 3.3 |
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it. We recommend that you take measures to protect the security of your computer including installing anti-virus software on to your computer. |
4. INFORMATION ON THE WEBSITE
| 4.1 |
Any material posted on our Website is provided on an “as is” basis. It is not intended to amount to advice. We shall have no liability to you or anyone who may be informed of the contents of our Website in the event any party places reliance on any content or other materials on or available via our Website. |
| 4.2 |
Whilst we reserve the right to change the content of the Website at any time, material on the Website may be out of date from time to time and we are under no obligation to update such material. |
| 4.3 |
We make no representation that material on the Website is appropriate for or available outside England and Wales. If you access the Website from outside England and Wales, you are solely responsible for compliance with any applicable local law. |
5. USER CONTRIBUTIONS
| 5.1 |
Any communications which we receive from you (including without limitation by email and any material that you submit via this Website) (“User Material”) will be deemed non-confidential and non-proprietary and we reserve the right to use User Material for any purpose whatsoever (including for publication in our offline publications where we consider this appropriate). You grant us a perpetual, royalty-free, non-exclusive, sub-licensable right and licence to use, reproduce, modify, adapt, edit, publish and exercise all copyright and publicity rights with respect to such User Material worldwide and/or to incorporate User Material generated by you in other works in any media now known or later developed for the full term of any rights that may exist in the content of User Material, subject to the privacy restrictions set out in our Privacy Policy . If you do not wish to grant such rights to Associated, please do not submit any User Material to us. |
| 5.2 |
By submitting any User Material, you: |
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5.2.1 |
warrant that such User Material is your own original work and that you have the right to make it available to us for all the purposes specified above; and |
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5.2.2 |
agree to waive any moral rights in your User Material. |
| 5.3 |
Under no circumstances should you submit any User Material which is defamatory, abusive, obscene, inflammatory, of a racist, sexist or other discriminatory nature, in breach of confidence or privacy or which is otherwise unlawful or offensive, or which in our opinion could cause offence to any person or damage the reputation of Associated. You must not use any abusive or aggressive language, swear, threaten, harass or abuse any other person, including other users. |
| 5.4 |
Any User Material submitted to us is submitted on the basis that we may review and edit such User Material prior to publication. We reserve the right to remove any User Material or part thereof published on the Website at any time and for any reason at our absolute discretion without notification to you. |
| 5.5 |
You must use your own identity when submitting any User Material. |
| 5.6 |
Associated shall fully co-operate with any law enforcement authorities or court order requesting or directing Associated to disclose the identity or locate anyone submitting any material in breach of Clause 5.3. |
6. LINKS
| 6.1 |
This Website contains links to other websites which we consider may be of interest or helpful to you. These links are provided for your convenience only and Associated has no control over nor is in any way responsible for the content or availability of such websites. Associated therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk. |
| 6.2 |
You may not link to this Website from any other website without our express written authorisation. Permission for such linking may be requested by sending your name, address, website URL and details of the nature of the website to tarjinder.jhutti@assocnews.co.uk . |
7. ADVERTISERS
| 7.1 |
Associated shall not be liable to you in respect of any goods or services that are advertised or promoted on the Website by any other suppliers and you should make your own inquiries to ensure that the goods and services offered by those suppliers are suitable for your purposes, are (as the case may be) of satisfactory quality or provided with reasonable skill and care and that you have read and agreed any terms of business under which those goods and services are supplied. |
8. LIMITATION OF LIABILITY AND DISCLAIMER
| 8.1 |
Associated is providing the Website on an "as is" and “as available” basis and to the fullest extent permissible by law makes no (and expressly excludes all) guarantees, representations (except for fraudulent misrepresentation) or warranties of any kind (express or implied) with respect to the Website and its contents or any websites to which it is linked including, without limitation, warranties as to quality and fitness for purpose. |
| 8.2 |
Associated does not represent or warrant that the information accessible via the Website is accurate, complete, reliable or current nor that the Website will meet particular requirements, or be available, accessible, uninterrupted, timely, secure or operate without error or that it will be free from viruses, worms, trojan horses or other harmful elements. No advice or information obtained by you from the Website, whether written or oral, will create any warranty or other obligation not expressly stated in these Terms |
| 8.3 |
EXCEPT AS SPECIFICALLY SET OUT IN THESE TERMS, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER ASSOCIATED NOR ANY OF ITS AFFILIATES, DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE (WHETHER UNDER CONTRACT, TORT, STATUTE, OR OTHERWISE HOWSOEVER ARISING) FOR ANY LOSS OR DAMAGE (WHETHER SUCH LOSSES WERE FORESEEABLE OR NOT) INCLUDING, WITHOUT LIMITATION: |
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8.3.1 |
LOSSES SUFFERED BY THIRD PARTIES; |
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8.3.2 |
LOSS OF DATA; |
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8.3.3 |
LOSS OF PROFIT; |
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8.3.4 |
LOSS OF REVENUE; |
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8.3.5 |
LOSS OF BUSINESS OR OPPORTUNITY; |
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8.3.6 |
LOSS OF GOODWILL; OR |
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8.3.7 |
ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM THE USE OF THE WEBSITE, INABILITY TO USE OR ACCESS THE WEBSITE, THE RESULTS OF USE OF THE WEBSITE, ANY WEBSITE LINKED TO IT OR ANY MATERIAL CONTAINED IN THE WEBSITE. |
| 8.4 |
Nothing in these Terms shall exclude or limit Associated’s liability for death or personal injury caused by its negligence or for fraud or fraudulent misrepresentation or for any liability which cannot be excluded or limited by law. |
9. INDEMNITY
YOU AGREE TO ON DEMAND INDEMNIFY AND KEEP FULLY INDEMNIFIED ASSOCIATED AGAINST ALL CLAIMS, LIABILITIES, COSTS, DAMAGES OR LOSSES WE MAY SUFFER OR INCUR (INCLUDING WITHOUT LIMITATION ANY LEGAL FEES) ARISING OUT OF OR IN CONNECTION WITH ANY BREACH BY YOU OF YOUR OBLIGATIONS UNDER THESE TERMS.
10. ACCESS TO THE WEBSITE
| 10.1 |
You are responsible for making all arrangements necessary for you to have access to our Website. |
| 10.2 |
Access to the Website is permitted on a temporary basis. We reserve the right to terminate your access to the Website or any part of it or to withdraw any of our services at any time, without notice, for any reason (including without limitation any breach of these Terms). From time to time, we may restrict access to some parts of our Website, to our entire Website and/or to users who have registered with us. |
| 10.3 |
While Associated endeavours to ensure that the Website is normally available 24 hours a day, Associated shall not be liable if for any reason the Website is unavailable at any time or for any period. |
| 10.4 |
Upon termination, you must destroy all materials obtained from Associated and all copies thereof, whether in print or downloaded onto a computer. |
11. JURISDICTION
| 11.1 |
These Terms and your use of the Website (including any services provided through it) shall be governed by and construed in accordance with the laws of England. By using the Website, you accept that any dispute under these Terms or arising out of the use of the Website shall be subject to the exclusive jurisdiction of the English courts to which you submit. |
| 11.2 |
You are responsible for complying with any applicable laws of the country from which you are accessing the Website |
12. PRIVACY POLICY
| 12.1 |
Our Privacy Policy is incorporated into and forms part of these Terms. We process information about you in accordance with our Privacy Policy. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate. |
13. REGISTRATION/ USE OF DATA
| 13.1 |
Each registration is for a single user only. Associated does not permit you to share your user name and password with any other person nor with multiple users on a network |
| 13.2 |
When you register, you must provide true, accurate and complete registration information. The password which you select upon registration is personal to you as is any reference number which we may assign to you. You must keep your password and/or any reference number confidential and ensure that it cannot be used by anyone else. You agree to accept responsibility for all activities that occur under your password and/or reference number. |
| 13.3 |
If at any time your registration details change (e.g. if you move house or have a new email address) you can update your profile by emailing tarjinder.jhutti@assocnews.co.uk with details of your intentions regarding your account. |
| 13.4 |
You shall at all times: |
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13.4.1 |
provide Associated with accurate information about your identity; and |
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13.4.2 |
keep any username and password issued to you strictly confidential |
13.5 |
If at any time you are aware or suspect that any unauthorised use has or may have been made of your username or password, or that the Website or part of the Website infringes your or any third party rights, you shall immediately notify Associated by e-mail at tarjinder.jhutti@assocnews.co.uk. |
| 13.6 |
You may terminate your e-mail subscription at any time and for any reason by emailing tarjinder.jhutti@assocnews.co.uk or clicking on the ‘Unsubscribe’ option at the bottom of any newsletter that we send to you. |
| 13.7 |
Failure to comply with these Terms in full may result in the immediate suspension or termination of your e-mail subscription, with or without notice, at Associated’s sole discretion. |
| 13.8 |
Any suspension, termination or cancellation will not affect your obligations to Associated under these Terms (including, but not limited to, ownership of rights, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation. |
14. GENERAL
| 14.1 |
All disclaimers, terms, conditions as set out in the Website, these Terms (including those set out in the Terms of Sale and the Privacy Policy) shall apply to you to the extent allowed by applicable law. |
| 14.2 |
If for any reason any part of these Terms is deemed to be unenforceable, then this part of the Terms will be severed and this will not affect the validity or enforceability of the remaining terms. |
| 14.3 |
Any waiver by Associated of a breach of any provision of these Terms shall not be deemed to be a waiver of any subsequent breach of any provision. |
| 14.4 |
These Terms constitute the entire agreement between you and Associated and govern your use of the Website and supersede any prior agreements between you and Associated in relation to the Website. |
