The
Community Website is managed and owned by East Midlands Online Limited
("EMO").
This page states the terms and conditions (the "Terms")
under which you may use the Community Website (the "Website").
Please read this page carefully. By accessing the Website you accept and agree
to be bound by these Terms. If you do not accept any of the Terms stated here,
do not use the Website. EMO may, in its sole discretion, modify or revise these
Terms at any time by updating this page. Users are bound by any such
modifications.
1. Copyrights
Unless
otherwise stated, the contents of the Website, including all the designs, text,
graphics, illustrations, logos, and software used, are the property of and are
owned by East Midlands Online Limited.
EMO authorises you to
view the Material on the Website solely for your personal, non-commercial use.
You may not sell or modify the Material or reproduce, display, distribute, or
otherwise use the Material in any way for any public or commercial purpose
without the written permission of EMO. If you violate any of these Terms, your
permission to use the Material automatically terminates and you must
immediately destroy any copies of the Material you have made.
2. Warranties
The Website and materials contained therein are
provided on an "AS SEEN" basis without any warranties of any
kind, either express or implied. EMO do not represent or warrant that the contents of the
Website are accurate, complete, useful, up-to-date, fit for
a particular purpose, free from viruses or non-infringement of third party
rights. EMO do not
accept any liability for the contents of the website, or its accessibility. You
should verify the accuracy of any
information before you act upon it.
EMO does not warrant that the Website will operate without error or that the
Website and its server are free of computer viruses or other harmful code. EMO
is not responsible for any costs associated with servicing or replacing your
equipment or data due to your use of this Website. The Website contains
materials provided by third parties, and likewise EMO will not be held
responsible for any such third party material
By showing links to other websites
or material the company does not give any approval or endorsement of those
websites or materials, and the company accepts no liability for loss arising
from your following such links and accessing those websites. These third parties are responsible for ensuring that all the
material submitted for inclusion on this site complies with
3. Limitation of Liability
EMO, or any of its officers,
directors, shareholders, employees, affiliates, sponsors, or any other party
involved in the creation, production, maintenance, or distribution of the
Website will not be responsible for any direct, indirect, special or
consequential damages, including but not limited to loss of profits, business,
anticipated savings, goodwill, use of data, or other intangible losses that
result from any of the following:-
(i)
The
use and reliance of the Website;
(ii)
The
inability to use the Website;
(iii)
Mistakes
or errors, omissions, interruptions, defects, viruses, deletion of files, delays
in operation, transmission or service response times, suspension or termination
of service or any failure of performance arising from EMO;
(iv)
Merchandise,
products or services received through or advertised on the Website or received
through or advertised on any links provided by the Website.
(v)
Information
or advice received through or advertised on the Website or received through or
advertised on any of the links provided by the Website.
(vi)
Any
information, data, text, messages, and other materials that have been emailed,
posted, uploaded, reproduced, transmitted, or otherwise distributed using the
Website.
EMO are unable to ensure or
guarantee the security of any information transmitted over the internet. Any
information that you transmit to, or by using the Website is done at your own
risk. EMO shall not be responsible for any damages or injury that may result
from transmitting such information.
4. Disclaimer
Your
use of the Website is at your own risk. If you are dissatisfied with any of the
Materials or other contents of the Website or with these Terms and Conditions, the
Privacy Policy or any other policies, your sole remedy is to discontinue use of
the Website.
EMO shall not be liable if the
content of this website or any viewing of it by you is contrary to the laws
applying in the place where you access this website.
All
representations and warranties relating to this website, express or implied,
are excluded. EMO does not have any liability to you arising
out of your use of this website or interruption of your use.
EMO shall not be responsible or
liable, either directly or indirectly for the accuracy, content, timeliness,
completeness, legality, reliability, quality, suitability merchantability, or
decency of any of the information, advice, content, service, product, or
merchandise contained in sites listed in the EMO Website or sites linked
thereto.
Nothing in this
disclaimer shall limit the Company‘s liability to you for death or personal
injury caused by the Company’s negligence.
5. Public Submissions
The
Website includes postings, listings, stories, and articles from third parties.
Such content is the responsibility of the third party creator of the content.
EMO has no responsibility for such content and is merely providing access to
such content as a service to you. While EMO will endeavour
to remove any offensive or harmful content from the Website as soon as it comes
to its attention, third party materials may include offensive, inappropriate,
harmful, or deceptive information.
6.
User Responsibilities &
Privileges
You agree that you are
responsible for your own submissions and postings and for any consequences
thereof. You agree to use the Website only to post materials that are:
(i)
legal, proper, decent, honest, complete and
accurate and that comply with all relevant codes including, without limitation,
the British Code of Advertising Practice and all other codes under the general
supervision of the Advertising Standards Authority;
(ii)
not an advertisement under the Financial Services
Act 1986;
By way of example, and not as a
limitation, you agree that when using the Website, you will not:
(i)
Defame, abuse,
harass, stalk, threaten, breach the confidence of or otherwise violate the
legal rights (such as rights of privacy and publicity) of others.
(ii)
Publish, post,
insert, transmit, upload, distribute or disseminate or offer to do the same
(hereinafter "Post") any inappropriate, defamatory, untrue,
offensive, malicious, infringing, obscene, indecent, threatening or unlawful
material or information.
(iii)
Post any material that infringes any patent,
trademark, copyright, trade secret or other proprietary right of any party (the
"Rights"), unless you are the owner of the Rights or have the
permission of the owner to post or transmit such material.
(iv)
Post any files that contain viruses, corrupted
files, or any other similar software or programs that may damage the operation
of another's computer.
(v)
Advertise or offer to sell any goods or services
for any commercial purpose, other than in areas of the Website intended for such
uses.
(vi)
Impersonate another person or entity, or falsify or
delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material
contained in a file that is Posted.
(vii)
Restrict or inhibit any other user from using and
enjoying the use of the Website.
(viii)
Conduct or forward competitions, surveys or chain
letters.
(ix)
Hack into any part of the Website.
(x)
Send any unsolicited advertisement or other
promotional material i.e. spam.
(xi)
Commit or encourage a criminal offence.
7. Content Monitoring
EMO does not control or endorse and is not
responsible for the information posted by registered Members, and has no
obligation to monitor postings. However, EMO reserves the right at all times to
monitor all posted information and disclose any information as necessary to
satisfy any applicable law, regulation, legal process or governmental request,
or to edit, refuse to post or to remove any information or materials, in whole
or in part, for any reason whatsoever, in EMO's sole
discretion.
EMO does not endorse, support, represent or guarantee the truthfulness,
accuracy or reliability of any information posted by third parties, or endorse any opinions expressed by them. You acknowledge that
any reliance on material so posted will be at your own risk.
Any notification of content that allegedly breaches any Terms of this Agreement
may be investigated. Following such investigation EMO will have sole discretion
whether to remove or request the removal of the content. EMO will have no
liability or responsibility for performance or non-performance of such
investigation. EMO reserves the right to terminate or restrict access to any or all Membership
privileges at any time without notice for any reason whatsoever.
8. Termination
EMO may terminate your right to use or access the
Website at any time for any reason without notice.
EMO reserves the right to cease operating the whole or any part of the Website
at any time.
The termination of this Agreement (for any reason) shall;
(i)
be without prejudice to any other rights or
remedies which EMO may be entitled to under this Agreement or at law;
(ii)
not affect any accrued rights or liabilities which
EMO may then have; and
(iii)
not affect
the coming into or continuance in force of any provision of this Agreement
which is expressly or by implication intended to come into or continue in force
after such termination.
9. General
From time to time, EMO may change, alter or modify
these Terms. Any changes to these Terms will be posted on the Website and any
use by you of the Website after any such changes have been posted shall be
deemed to indicate your agreement to the modified Conditions. If you do not
agree to the modified Terms, you should cease use of the Website.
By
agreeing to these Terms of Use you are also agreeing to EMO’s
Terms and Conditions.
10.
Jurisdiction and Governing Law
These conditions shall be governed
by and construed in accordance with the laws of