Please read this agreement carefully. It sets out the terms under which UPDATES MEDIA LIMITED offers you use of its services as defined in clause 1.1 of this agreement and this website (“the Site”).”
BY USING ANY OF OUR SERVICES AND/OR THE SITE YOU AGREE THAT YOU HAVE READ AND ACCEPT THESE TERMS AND CONDITIONS AND THAT THEY SHALL APPLY TO YOUR USE. IF YOU DO NOT WISH TO BE BOUND BY THEM, PLEASE LEAVE THIS WEB SITE.
This agreement is made between you and UPDATES MEDIA LIMITED (registered number 09898417) whose registered office is Floor 2, Livery Place, 35 Livery Street, Birmingham, West Midlands, United Kingdom, B3 2PB (“UPDATES MEDIA LIMITED”).
- Our services
1.1 UPDATES MEDIA LIMITED may make available to you chat areas, forums and/or other means by which communications, including User Generated Content, may be made available and/or disseminated publicly on the Site; shopping and other commercial and/or transactional services; advisory services; and/or competitions and/or prize draws (all together the”Services”).
1.2 The Services may be operated by third parties and where they are this will be made clear to you. Where such Services 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 Services 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 UPDATES MEDIA LIMITED as a party and UPDATES MEDIA LIMITED cannot be held liable for your use of or any liability arising out of the same (save to the extent required by law).
- Use of the Site and the Services
2.1 The Site and the Services are for personal and non-commercial use only. You may download and print portions of the Site and/or the Services for your personal, non-commercial use only. In particular, you may not use any information from any directory or other listing or information retrieval service (if any) made available on or by the Site and/or the Services, in connection with any business or commercial undertaking (whether or not for profit). Any other use of materials on the Site and/or the Services, including User Generated Content (including without limitation reproduction for a purpose other than that noted above and any modification, distribution or republication) without the prior written permission of UPDATES MEDIA LIMITED is strictly prohibited. You also agree not to deep-link and/or frame to the Site for any purpose, unless specifically authorised by UPDATES MEDIA LIMITED to do so.
2.2 You agree that you shall not use the Site or the Services to transmit or knowingly or recklessly receive (or knowingly or recklessly authorise or permit any other person to receive or transmit) material which is obscene, threatening, menacing, offensive, defamatory, invasive of another’s privacy, abusive, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise violates any applicable law or regulation or code, or which makes excessive demands for bandwidth or contains any virus or which may otherwise impair or harm UPDATES MEDIA LIMITED’s computer systems or any third party computer system; and
(a) You agree that you will not submit any material to the Site, including, without limitation, comments and reviews (“User Generated Content”):
(i) that is in any way, threatening, abusive, offensive, defamatory, invasive of another’s privacy, abusive, in breach of confidence, embarrassing to any person or likely to deceive any person, hateful, blasphemous, pornographic, or racially, ethnically or otherwise objectionable;
(ii) in respect of which you do not have the necessary licences or approvals;
(iii) which constitutes or encourages conduct that would be considered a criminal offence or otherwise contrary to any law, regulation or code of practice, give rise to civil liability or infringe the rights of any third party anywhere in the world;
(iv) which is or could be technically harmful;
(v) which is or may be deemed to be advertising or promotional materials including “spam” email;
(vi) which makes excessive demands for bandwidth;
(vii) which is inaccurate or misleading.
(b) You will not impersonate any person or entity when submitting User Generated Content or misrepresent any affiliation with any person or entity.
(c) You acknowledge that UPDATES MEDIA LIMITED has no obligation to monitor any User Generated Content but UPDATES MEDIA LIMITED has the sole discretion to modify or delete any such User Generated Content in its sole discretion and may remove any such material at any time. Notwithstanding this, you are solely responsible for and bear the legal risk associated with such User Generated Content anywhere in the world.
(d) In the event that you are in breach of these Terms and Conditions and/or UPDATES MEDIA LIMITED’s Standards for User Generated Content at any time. In the event that you continue to contravene these Terms and Conditions and/or the Standards for User Generated Content UPDATES MEDIA LIMITED reserves the right to contact your employer, school or college or your internet service provider.
(e) UPDATES MEDIA LIMITED will co-operate with law enforcement or regulatory authorities or any court order requesting or requiring it to disclose the identity or location of anyone who has submitted User Generated Content to UPDATES MEDIA LIMITED in breach or allegedly in breach of these Terms and Conditions and/or the Standards for User Generated Content.
(f) You acknowledge that submitting any UGC to the Site does not guarantee that the UGC, or any part of it will appear on the Site. You cannot edit or remove UGC once you have submitted it to the Site. However, if you become aware of any inaccuracy in UGC submitted by you, please contact UPDATES MEDIA LIMITED at [email protected]
2.4 If you publish any User Generated Content via the Services by way of contributions to chats, discussions or user reviews, you automatically and hereby grant to UPDATES MEDIA LIMITED a perpetual, royalty free, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from and distribute such User Generated Content into any form, medium or technology now known or hereafter developed. In addition, as between you and UPDATES MEDIA LIMITED, you assert and waive any and all moral rights in such User Generated Content.
2.5 The intellectual property in all design, text, graphics and other material (other than User Generated Content) and the selection or arrangement of such material in the Site and/or the Services is owned by UPDATES MEDIA LIMITED and/or its respective licensors.
2.6 Save to the extent required by law, no representations, warranties or terms of any kind are made in respect of the Site and/or the Services or their contents (including, without limitation, any views or comment made). All information and/or data included in and/or on the Sites, the Services, including any UGC, and/or in any directory or other listings or information retrieval service made available on or by the Site and/or the Services and/or the UGC has been so made available for guidance only. UPDATES MEDIA LIMITED has no responsibility or control over the contents of UGC which may not be accurate and UPDATES MEDIA LIMITED cannot be held liable for any contents of UGC or any consequences of you relying on it. Please be aware that any information and/or data in UGC provided by another user may be incorrect or misleading and it is your responsibility to take precautions and use common sense when using any information and/or data contained in any UGC. Your use of all and any information and/or data included in and/or on the Sites, the Services, including any UGC, and/or in any directory or other listings or information retrieval service made available on or by the Site and/or the Services and/or the UGC is therefore entirely at your own risk. All liability of UPDATES MEDIA LIMITED, its directors, employees or other representatives howsoever arising for any loss suffered as a result of your use of the Site and/or the Services is expressly excluded to the fullest extent permitted by law.
2.7 The Site and/or the Services may include links to web sites and/or services owned and/or operated by third parties. These are provided for your convenience only and UPDATES MEDIA LIMITED 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).
2.8 The onus for ensuring that material presented on the Internet is legal rests with the original content provider, and UPDATES MEDIA LIMITED will not be under any obligations to limit access to material unless notified that it is illegal or otherwise in breach of these Terms and Conditions. Notwithstanding, UPDATES MEDIA LIMITED shall have the right to remove any items it believes may be illegal or otherwise in breach of these Terms and Conditions.
2.9 UPDATES MEDIA LIMITED is the owner of:
(a) those trade mark(s) indicated as such throughout the Site from time to time; and
(b) all other trade marks used in the Site and/or the Service 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.
2.10 The provisions in clause 4 on Data Protection and Use of Personal Information apply in respect of your use of the Site and/or the Services.
- Availability and Security of the Site and the Service
3.1 Due to the nature of the Internet, UPDATES MEDIA LIMITED does not promise full and error free operation of the Site and/or the Services at all times. All liability of UPDATES MEDIA LIMITED, its directors or employees howsoever arising for any loss whatsoever arising from your use of or inability to use the Site and/or the Services is excluded, insofar as it is possible to do so in law.
3.2 UPDATES MEDIA LIMITED shall use reasonable endeavours to ensure that the Site, the Services and any information it holds on you are kept secure. However, due to the nature of the Internet, UPDATES MEDIA LIMITED cannot accept any liability for those who intentionally attempt to and/or gain unauthorised access to the same by means such as, without limitation, computer hacking (save to the extent that UPDATES MEDIA LIMITED is unable to exclude such liability by law).
- Data Protection and Use of Personal Information
4.1 Information may be gathered from your registration form(s) and your use of the Site and/or the Services including through “cookies”. Cookies are blocks of text placed in files on your computer’s hard drive when you visit a web site which contain information to identify you. A cookie does not contain any personal information you have provided us with, except your user name, unless the cookie is attached to personal information collected another way, such as by means of your on-line registration form.
4.2 The information gathered may be used by UPDATES MEDIA LIMITED and companies in the same group as UPDATES MEDIA LIMITED (ie companies which share the same ultimate parent company) internally, for purposes relating to your use of the Site and the Services and for marketing activities, and may be passed to carefully selected third parties to use for marketing activities. By marketing activities, we mean the communication directly to particular individuals (by e-mail, post or telephone) of any advertising or marketing material. If you do not wish to receive marketing material from UPDATES MEDIA LIMITED, from companies in the same group as UPDATES MEDIA LIMITED 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 UPDATES MEDIA LIMITED or companies in the same group as UPDATES MEDIA LIMITED or no longer wish us to pass your information to third parties you should again notify us by e-mail.
4.3 UPDATES MEDIA LIMITED may forward your personal details to the Police or other regulatory body to comply with the law or in relation to suspected misuse by you of the Site and/or the Services. Where it is lawful UPDATES MEDIA LIMITED may also monitor e-mails you send and receive.
4.5 Other than as set out elsewhere in this clause 4, your information shall not be disclosed or used by us. You hereby agree to these terms in this clause 4 by your agreement to the terms and conditions of this Agreement.
The Site and the Services are currently made available without charge to you by UPDATES MEDIA LIMITED. However, you are responsible for all telephone charges necessary to access and use the Site and the Services which are made available.
UPDATES MEDIA LIMITED may permanently terminate your access to the Services immediately for any reason.
Where a claim is brought against UPDATES MEDIA LIMITED by a third party in relation to your use of the Site and/or the Services and/or any User Generated Content you agree to fully reimburse UPDATES MEDIA LIMITED and all companies within the UPDATES MEDIA LIMITED group for all losses, costs, actions, claims, damages, expenses (including legal costs and expenses) or liabilities, whatsoever suffered or incurred by UPDATES MEDIA LIMITED or companies within the UPDATES MEDIA LIMITED group in or as a consequence of your breach of this Agreement and/or your use of the Site and/or Services and/or any User Generated Content which is included on the Site and/or the Services.
- Force Majeure
Neither party shall 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.
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.
10.1 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 UPDATES MEDIA LIMITED’s prior written consent.
10.2 UPDATES MEDIA LIMITED reserves the right to assign or transfer all or any of its rights and obligations under this Agreement to any companies in the same group as UPDATES MEDIA LIMITED 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 Site.
- No Waiver
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.
- Variation of Terms
UPDATES MEDIA LIMITED reserves the right to vary this Agreement from time to time. Such changes shall either be notified to you by being posted on the Site. Changes in this manner shall be deemed to have been accepted if you continue to use the Site and/or the Services after the date of transmission of posting on the Site.
- Law and Jurisdiction
Where the Site and/or the Services are accessed from England or Wales, or from outside the United Kingdom this Agreement shall be governed by the laws of England and Wales and you hereby submit to the exclusive jurisdiction of the English courts. Where the Site and/or the Services are accessed from Scotland or Northern Ireland this Agreement shall be governed by 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.
Facebook Competition Terms and Conditions
Entry into any Competition confirms acceptance by you of these Terms and Conditions and you agree to be bound by them.
By entering a Facebook Competition you will receive entry into prize draws for a chance to win the advertised prize.
These Competition Terms and Conditions apply to all Facebook Competition’s run by Updates Media Limited.
1 Facebook Competition
1.1 The Competition is open to all UK residents who have entered the Facebook Competition post.
1.2 Each Competition runs for seven days, unless otherwise stated.
1.3 One completed form equals to one entry. Multiple entries by the same person will not be counted; we will only count your first form.
1.4 No purchase or payment is required.
1.5 There will be one (1) winner, unless more are specified in the post, who will be drawn at random.
1.6 The winner will be contacted by email by the prize provider. They will let you know how to claim your prize. If you do not contact them within the required time. If no contact is made within ten (10) calendar days of notification, the prize(s) will be forfeited and may be awarded to (an) alternate winner(s) selected in a random draw from the remaining eligible entries.
1.7 Updates Media Limited reserves the right to extend the entry period.
1.8 Updates Media Limited will give you contact details for the prize provider but takes no responsibility for the availability of any prize.
2.1 The competition is in no way sponsored, endorsed or administered by, or associated with, Facebook.
2.2 By entering this contest, you agree to a complete release of Facebook from any or all liability in connection with this contest.
3 General prize draw terms
3.1 Entry is open to UK residents only aged 16/over, unless specified. Employees of Updates Media Limited and members of its group, their families, agents and anyone professionally connected with this Competition are excluded from entering.
3.2 Entries made using methods generated by a script, macro or the use of automated devices or bulk entries will be void. No responsibility is accepted for entries which are invalid, incomplete, corrupt, illegible, lost or delayed in transit, or which fail to be properly submitted. All of which will be deemed void.
3.3 Updates Media Limited reserves the right to change the rules applicable to any prize draw or to void any prize draw at any time and for any reason.
3.4 In the event of an error of any nature howsoever caused and whether obvious or otherwise which affects a prize draw in any way, Updates Media Limited reserves the right to administer the prize draw as though the error had not occurred. Where Updates Media Limited deems it appropriate and/or feasible, it will notify entrants of the error and correct it by email.
3.5 The winner(s) agree(s) to the use of their name, photograph and disclosure of their city (e.g. Birmingham) on Facebook page where the winning post was made or on the website or newspaper title associated with that Facebook page and on associated social media and will co-operate with any other reasonable requests by Updates Media Limited relating to any publicity.
3.6 Failure to meet the eligibility requirements of these Terms and Condition may result in forfeiture of the prize. In which event the prize will be offered to the next eligible entrant.
3.7 Failure to comply with any of these rules may result in the disqualification of the entry. Updates Media Limited reserves the right to disqualify any entry at their absolute discretion.
3.8 No correspondence will be entered into on any matters arising from any competition.
3.9 Prizes are subject to the prize provider’s terms and conditions. In the event of a prize being unavailable for any reason, the prize provider reserves the right to offer an alternative prize of equal or greater value.
3.10 Prizes not transferable and there is no cash alternative.
3.11 All uses of your personal data will be in accordance with these Prize
Draw Terms and Conditions and otherwise is accordance with the Website
3.12 The names of the winners will be available from Updates Media Limited
Updates Media Limited, Floor 2, Livery Place, 35 Livery Street, Birmingham, B3 2PB FAO Head of Facebook Competitions or on the Facebook page where the winning post was made.