1. |
TRINITY MIRROR WEB SITES |
| 1.1 |
Trinity Mirror operates a number of web sites, the number and addresses of which may vary from time to time ("the Sites"), but which can be identified by their URL (Uniform Resource Locator) which in all cases ends "ic24.com". |
| 1.2 |
The terms and conditions of this Agreement govern your use of the Sites. |
2. |
Interactive Services |
| 2.1 |
Trinity Mirror may make available to you:
| (a) |
chat areas, news groups, forums and/or other means by which communications may be made available and/or disseminated publicly; |
| (b) |
shopping and other commercial and/or transactional services; |
| (c) |
advisory services; and/or |
| (d) |
competitions and/or prize draws; |
(all together the "Interactive Services")
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| 2.2 |
The Interactive Services (if any) may be operated by third parties and where they are this will be made clear to you. Where such Interactive Services (if any) are operated by a third party you may be asked to supply information and/or data (including, without limitation, financial, credit card and/or bank data), where that third party may have specific additional terms and conditions which apply. Further, when using such Interactive Services (if any) operated by such third parties, you will be dealing with them directly and as such any contracts and/or arrangements will be formed between you and them, without Trinity Mirror as a party. It is up to you to make independent checks and/or take relevant professional advice and to satisfy yourself that you are both permitted and happy to use Interactive Services (if any) operated by such third parties and to enter into contracts and/or arrangements (if relevant) with them, and Trinity Mirror cannot be held liable for your use of or any liability arising out of the same (save to the extent required by law). |
| 2.3 |
Where the Interactive Services (if any) are operated by Trinity Mirror itself, companies in the same group as Trinity Mirror (ie companies which share the same parent company with Trinity Mirror), or by Trinity Mirror with a third party and/or a Trinity Mirror group company or by a Trinity Mirror group company with a third party, additional terms and conditions for your use of the Interactive Services (if any) may apply. If applicable, these additional terms and conditions will be made available to you at the relevant time. |
3. |
Use of the Sites and the Interactive Services |
| 3.1 |
The Sites and the Interactive Services (if any) are made available for personal use only and shall not be used for any commercial purpose (whether or not for profit). |
| 3.2 |
You agree that:
| (a) |
you shall not use (nor authorise or permit any other person to use) the Sites and the Interactive Services (if any) to transmit or knowingly receive material which is obscene, threatening, menacing, offensive, defamatory, abusive, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise in violation of any applicable law or regulation or code, and it may be illegal for you to receive such information; |
| (b) |
you shall not impair or risk impairing the Sites and/or Interactive Services (if any) in any way, including, without limitation, transmitting or knowingly or recklessly receiving (nor knowingly or recklessly authorising or permitting any other party to receive or transmit) material through the Sites and/or Interactive Services in such a way as to risk impairing the Sites and/or Interactive Services:
| (i) |
by means of applications which make excessive demands for bandwidth; or |
| (ii) |
by transmitting or knowingly or recklessly receiving excessive material; or |
| (iii) |
by transmitting or knowingly or recklessly receiving any electronic material (including viruses) through the Site and/or the Interactive Services (if any) which shall cause or is likely to cause detriment or harm, in any degree, to any of Trinity Mirror's computer systems or any other computer systems owned by Trinity Mirror's agent(s) or other internet users; |
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| (c) |
you will keep your passwords (if any) relevant to the Site and/or the Interactive Services (if any) secure and not let them become public knowledge. If they become known by a third party, you must inform the Help Desk immediately. The Help Desk may require you to change your password(s) where it considers necessary. |
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| 3.3 |
If you publish any text or graphics using the Sites and/or Interactive Services by way of contributions to chats, discussions, user reviews or via any Interactive Services, you automatically and hereby grant to Trinity Mirror a perpetual, royalty free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such text or graphics into any form, medium or technology now known or hereafter developed. In addition you assert and waive any and all moral rights in such text or graphics. |
| 3.4 |
The intellectual property in all design, text, graphics and other material and the selection or arrangement of such material thereof in the Sites and/or the Interactive Services (if any) is owned by Trinity Mirror and/or its respective licensors. |
| 3.5 |
You may copy electronically and print out in hard copy portions of the Sites and/or the Interactive Services (if any) for your personal, non-commercial use only. In particular, you may not use any data or information provided through any directory or other listing or information retrieval service (if any) made available on or by any Site and/or the Interactive Services (if any), in connection with any business or commercial undertaking (whether or not for profit). Any other use of materials on the Sites and/or the Interactive Services (if any) (including without limitation reproduction for a purpose other than that noted above and any modification, distribution or republication) without the prior written permission of Trinity Mirror is strictly prohibited. |
| 3.6 |
Please note that any and all information and/or data included in and/or on the Sites, the Interactive Services (if any) and/or in any directory or other listings or information retrieval service (if any) made available on or by the Sites and/or the Interactive Services (if any) has been so made available for guidance only, and Trinity Mirror has not attempted to verify the truth or accuracy of any information and/or data and does not provide any warranty or guarantee in respect of the same (save where it is required to by law). You use such information and /or data entirely at your own risk and Trinity Mirror accepts no responsibility for such information and/or data. In particular, users of the Sites and/or the Interactive Services (if any) are advised to undertake independent checks and/or seek appropriate professional advice before relying in any way on the details published on the Sites and/or the Interactive Services (if any). |
| 3.7 |
Save to the extent required by law, no representations, warranties or terms of any kind are made in respect of the Sites and/or the Interactive Services (if any) or their contents (including, without limitation, any views or comment made). All liability of Trinity Mirror, its directors, employees or other representatives howsoever arising for any loss suffered as a result of your use of the Sites and/or the Interactive Services (if any) is expressly excluded to the fullest extent permitted by law. |
| 3.8 |
It may be possible to access web sites and/or services owned and/or operated by third parties through the Sites and/or the Interactive Services (if any). These are provided for your convenience only and Trinity Mirror is not responsible for and does not give any warranties or make any representations regarding any such web sites and/or services and is not responsible for or liable in relation to the content or your use of such web sites (save to the extent required by law). |
| 3.9 |
In view of the vast flow of information transmitted by a web site operator each day, it is not technically possible nor economically feasible to monitor all materials that pass through its system (including, without limitation, all views and/or comments therein). Trinity Mirror believes that the onus for ensuring that material presented on the internet is legal rests with the original content provider, and we will not limit access to material unless notified that it is illegal. Notwithstanding, Trinity Mirror shall have the right to remove any items it believes may be illegal. |
| 3.10 |
Trinity Mirror is the owner of:
| (a) |
those trade mark(s) indicated as such throughout the Sites from time to time; and |
| (b) |
the get-up and all other trade marks used in the Sites and/or the Interactive Service (if any) which are not licensed to it by any third party.
All other trade marks, product names and company names or logos cited therein are the property of their respective owners.
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| 3.11 |
If you feel that the contents of the Sites and/or the Interactive Services (if any) may breach the UK law, please in the first instance contact the Help Desk on 09067 444222. Alternatively, you may contact the Internet Watch Foundation hotline. Details can be found at: http://www.internetwatch.org.uk/hotline. |
| 3.12 |
The provisions in clause 9 on Data Protection and Use of Personal Information apply in respect of your use of the Sites and/or the Interactive Services (if any). |
4. |
Availability and Security of the Sites and the Interactive Service |
| 4.1 |
Due to the nature of the internet, Trinity Mirror does not promise full and error free operation of the Sites and/or the Interactive Services (if any) at all times. All liability of Trinity Mirror, its directors, employees or other representatives howsoever arising for any loss whatsoever arising from your use of or inability to use the Sites and/or the Interactive Services (if any) is excluded, insofar as it is possible to do so in law. |
| 4.2 |
Trinity Mirror shall use its reasonable endeavours to ensure that the Sites, the Interactive Services (if any) and/or any information and/or data it holds on you are kept secure. However, due to the nature of the internet, Trinity Mirror cannot accept any liability for those who intentionally attempt to and/or gain unauthorised access to the same by such means of, without limitation, computer hacking (save to the extent that Trinity Mirror is unable to exclude such liability by law). |
5. |
Registration |
| 5.1 |
On your acceptance of this Agreement you will, and in other instances to enable you to take advantage of the Sites, the Interactive Services (if any) and/or use other services offered by and/or made available to you by Trinity Mirror, be asked to complete a Trinity Mirror registration form. In each and every instance the personal details that you provide to Trinity Mirror must be true, accurate and complete and you agree to inform the Help Desk immediately of any changes to those details. |
6. |
Data Protection and Use of Personal Information |
| 6.1 |
The information gathered from your registration form(s) and your use of the Site and/or the Interactive Services (if any) (including through "cookies") may be used by Trinity Mirror and companies in the same group as Trinity Mirror (ie companies which share the same parent company) internally, for purposes relating to your use of the Sites and the Interactive Services (if any) and for marketing activities, and may be passed to carefully selected third parties to use for marketing activities. If you do not wish to receive direct marketing material/information (which may be sent to you by e-mail or post) from Trinity Mirror, from companies in the same group as Trinity Mirror or from carefully selected third parties you should tick the appropriate box on the registration form(s) or notify us by e-mail. If you subsequently decide you no longer wish to receive direct marketing/information from Trinity Mirror or companies in the same group as Trinity Mirror you should again notify us by e-mail. |
| 6.2 |
Trinity Mirror may be requested to provide your personal details and/or such information mentioned above to the Police or other Regulatory body or a relevant third party or may wish to disclose your personal details in order to comply with the law or in relation to suspected misuse by you of the Sites and/or the Interactive Services (if any). Accordingly, Trinity Mirror may forward your personal details to the Police, Regulatory body or a relevant third parties in such circumstances. Where it is lawful and necessary Trinity Mirror may monitor e-mails you send and receive. |
| 6.3 |
Other than as set out elsewhere in this clause 9, your information shall not be disclosed or used by us. You hereby agree to these terms in this clause 9 by your agreement to the terms and conditions of this Agreement. |
7. |
Payment |
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The Sites and the Interactive Services (if any) are currently made available without charge to you by Trinity Mirror. However, you are responsible for all telephone charges necessary to access and use the Sites and the Interactive Services (if any) which are made available and all charges made in connection with the use of the Help Desk including (without limitation) all telephone charges for accessing and using the Help Desk and any and all other charges which may be incurred by you through your use of the same. |
8. |
Termination |
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Trinity Mirror may permanently terminate your access to the Sites and/or the Interactive Services (if any) and this Agreement immediately for any reason. |
9. |
Indemnity |
| 9.1 |
You shall notify Trinity Mirror of any claims brought or proceedings issued against you in relation to your use of the Software, the Documentation, the Sites and/or the Interactive Services (if any). |
| 9.2 |
Where a claim is brought against Trinity Mirror by a third party in relation to your use of the Software, the Documentation, the Sites and/or the Interactive Services (if any) you hereby agree to indemnify and to keep indemnified Trinity Mirror and all companies within the Trinity Mirror group in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered or incurred directly by Trinity Mirror or companies within the Trinity Mirror group in or as a consequence of your breach or non-observance of the terms and conditions of this Agreement and/or your use of the Sites and/or Interactive Service (if any). |
10. |
Force Majeure |
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Neither party should be liable to the other, for any loss or damage which may be suffered by the other party due to any cause beyond the first party's reasonable control including without limitation any power failure. |
11. |
Notices |
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Any notices shall, unless otherwise expressly stated, be in writing and shall be given by sending the same by e-mail, first class post, or facsimile transmission to the other party's address as may be designated in writing from time to time. Any notice sent by first class post shall be deemed (in the absence of evidence of early receipt) to have been delivered two days after dispatch. Any notice given by e-mail or facsimile transmission shall be deemed to have been delivered on the next working day following transmission. |
12. |
Assignment |
| 12.1 |
This Agreement shall be personal to you and you may not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without Trinity Mirror's prior written consent. |
| 12.2 |
Trinity Mirror reserves the right to assign or transfer all or any of its rights and obligations under this Agreement to a Group Company or other third party. In the event of assignment or transfer, notification will either be given to you by e-mail or posted on the Trinity Mirror Home Page and/or the Sites. |
13. |
No Waiver |
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Failure by either party to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion. |
14. |
Variation of Terms |
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Trinity Mirror reserves the right to vary this Agreement from time to time. Such changes shall either be notified to you by e-mail or posted on the home pages of Trinity Mirror's Sites. Changes in this manner shall be deemed to have been accepted if you continue to use the Sites and/or the Interactive Services (if any) after a period of two weeks from the date of transmission of the e-mail or of posting on the home pages of the Trinity Mirror Sites, whichever occurs later. |
15. |
Law and Jurisdiction |
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Where the Sites and/or the Interactive Services (if any) are accessed from England or Wales this Agreement shall be governed by and construed in accordance with the laws of England and Wales and you hereby submit to the exclusive jurisdiction of the English courts. Where the Sites and/or the Interactive Services (if any) are accessed from Scotland or Northern Ireland this Agreement shall be governed by and construed in accordance with the laws of Scotland or Northern Ireland respectively and you hereby submit to the exclusive jurisdiction of the Scottish courts or the courts of Northern Ireland respectively. |
16. |
Acceptance of the Terms and Conditions |
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By using the Sites and/or the Interactive Services (if any) you agree that you have read and accept these Terms and Conditions and that they shall apply to use. |
