Friday. 25 July 2014

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Website Terms & Conditions of Use

I. Important Legal Notice

  • These terms and conditions (together with any documents referred to on this page) (the "Terms") set out the terms on which you ("you") may use our, ExaroNews Limited ("we", "us", "our"), website, exaronews.com, (or as otherwise amended or replaced from time to time, our "Website") and any online services and/or content made available on our Website.
  • Please read these Terms carefully before using our Website. By continuing to use our Website you indicate that you accept these Terms and that you agree to abide by them. If you use our Website in the course of your business or work, you are also agreeing to these Terms on behalf of that business. If you do not agree to these Terms, please stop using our Website immediately.
  • If you have any questions concerning these Terms or any material appearing on our Website, please contact info@exaronews.net.

II. Information About Us

We, ExaroNews™ Limited, are a company registered in England and Wales with company number 07524889 and have our registered office at Exaro, 3rd Floor, 27a Floral Street, London WC2E 9EZ. Our VAT number is 110364857.

III. Registration

  • Certain features on our Website, for example the ability to post comments, will not be available to you unless you have registered with our service and been provided with a username and password.
  • You may create only one account with us. If you have difficulty accessing your account, please contact us for help.
  • If you choose, or are provided with a username, password or any other piece of information as part of our security procedures you agree to treat such information as confidential and not to disclose such information to any third party. You agree that you shall be entirely responsible for all activities carried out using your username or password even if such activities are not carried out by you. This includes, for example, liability for any content, materials or data submitted, posted or otherwise uploaded onto the Website (including wihtout limitation, if applicable, in any chat room, discussion group, forum, commenting facility, bulletin board or blog). We shall have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if (in our sole opinion) you have failed to comply with any of the provisions of these Terms.
  • If you make use of the commenting facility on the site, you will agree to and abide by the commenting and moderation policy.
  • By registering, you warrant that you are, at the date of your registration, at least 18 years of age and that you will comply with all applicable laws and regulations with respect to your activities on exaronews.com and under these Terms.

IV. Website Materials & Permitted Use Policy

  • We are the owner or the licensee of all intellectual property rights (including without limitation copyright, trade marks and design rights (whether registered or unregistered) database rights and rights in confidential information and know-how) in our Website and in all information, articles and material published on our Website (the "Material"). The Material is protected by copyright laws and treaties around the world and you are only permitted to use it as expressly authorised under these Terms.
  • In consideration of you complying with these Terms, we grant to you a non-commercial, non-exclusive, non-transferable, royalty-free, revocable licence to:
    1. retrieve and view the Material on any device that is compatible with the Website (such as a PC, laptop, smartphone or tablet); and
    2. share links to articles on our Website using social media tools;
    all for personal, lawful and non-commercial use only.
  • If you fail to comply with any of these Terms, your right to use our Website and the licence granted to you above shall immediately terminate without need for further notice to you and you agree, at our option, to return or destroy any copies of the Materials that you may have made.
  • No intellectual property rights in the Materials shall be transferred to you.
  • You agree that you shall not do (either solely or jointly with or on behalf of any other third party) or permit others to do any of the following without our prior written consent:
    1. reproduce or copy the Material (otherwise than as allowed under these Terms) or modify or create derivative works from it, or in any way commercially exploit any of the Material; or
    2. distribute, transmit or publish any of the Material (including using it as part of any library, archive or similar service); or
    3. create a database in electronic or structured manual form by downloading and storing all or any of the Material from our Website for any purpose whatsoever.
  • You also agree that in relation to our Website you shall not (either solely or jointly with or on behalf of any other third party) do any of the following:
    1. post, publish, broadcast, reference (via links or otherwise) or transmit to or from our Website any material that is threatening, defamatory, obscene, offensive, abusive, discriminatory, inflammatory, blasphemous, in breach of confidence, objectionable or for which you have not obtained all necessary licenses and/or lawful approvals; or
    2. upload files that contain material protected by copyright or any other form of intellectual property right unless you own or control such rights or have received all necessary licenses and/or approvals; or
    3. do anything that is in any way unlawful or misleading or fraudulent, or has any unlawful or misleading or fraudulent purpose or effect; or
    4. transmit, broadcast or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation; or
    5. damage, interfere with or disrupt access to our Website or do anything which may interrupt or impair our Website's functionality; or
    6. delete any author attributions, legal notices, (including without limitation copyright and trade mark notices) from any Material; or
    7. access or attempt to access any area which you are not authorised to access or circumvent or attempt to circumvent any security functionality;
    8. create multiple user accounts or share your account with other individuals without our prior consent;
    9. access all or any part of exaronews.com in order to build a product or provide services which compete with exaronews.com.

V. Viruses, Hacking and Other Offences

  • You must not misuse our Website by introducing viruses, trojans, worms, corrupted files, logic bombs or other material or software 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 via a denial-of-service attack or a distributed denial-of service attack.
  • We make no warranty that this Website or the equipment that makes it available shall be free from any viruses or anything else which may cause harm to your (or anyone else's) computing equipment. As such, we will not be liable for any loss or damage caused by a 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 or accessing of any material posted on it, or on any website linked to it.

VI. Information Supplied by You

  • We process information about you in accordance with our Privacy and Cookies Policy and you agree that all information provided by you may be used by us in accordance with our Privacy and Cookies Policy.
  • Where any part of our Website requires you to register or to provide information (for example, in order to receive our e-mail newsletter or to participate in commenting on site) it is your obligation to provide complete and accurate information and to update us of any changes to such information where appropriate.
  • We have the right to remove any material or posting you make on our Website if we deem this action appropriate.
  • Subject to the terms of our Privacy and Cookies Policy, you acknowledge and agree that by posting or submitting any information onto our Website or sending us information or material by any means (including but not limited to e-mail and letter, but excluding correspondence about subscriptions and other topics involving personal data) you grant to us an irrevocable, perpetual, royalty free, non-exclusive, worldwide licence to use such information and material in any matter which we see fit. The licence will include but not be limited to the following rights – broadcasting, editing, copying, distributing, publishing and otherwise transmitting the material.

VII. Our Liability

  • This clause sets out our entire liability to you in relation to our Website and the information and material published on it.
  • Whilst we endeavour to ensure that our Website is always available and that the content on our Website is accurate and complete, we make no warranty in relation to such availability, accuracy or completeness. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material. Our Website and any material on it is provided on an "as is" and "as available" basis. Other than as stated in these Terms we make no (and expressly exclude all) conditions, representations or warranties, express and implied, whether by statute, common law or otherwise, to the greatest extent permitted by law.
  • Subject to the next clause below, to the extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
  • This clause does not affect our liability for:
    1. death or personal injury arising from our negligence;
    2. our liability for fraudulent misrepresentation; or
    3. any other liability which cannot be excluded or limited under applicable law.

VIII. Indemnity

You agree to indemnify us against all and any expenses, costs, losses, liabilities and damages howsoever  incurred by us whether in relation to any claims or proceedings or otherwise, which arise in any way from your use of our Website or from any breach by you of these Terms or for any use of our Website by anyone using your password and login information.

IX. Links From Our Website

Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Whilst we endeavour to vet those third parties who we link to, we have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them and you shall select and use any such links entirely at your own risk.

X.Linking to Our Website

  • You may link to our Website provided that you do not:
    1. in any way suggest that we are endorsing any of your products or services; or
    2. misrepresent our relationship with you nor present any other false information about us; or
    3. display or use a link to our Website in a manner that causes the Website or any portion of its content to display within a frame; or
    4. embed into your website, or link directly to without proper credit and context, any asset, file or resource (for example an image or PDF document) contained in our Website, unless you have our express permission to do so; or
    5. link to our Website if your website (or any part of it) may be considered to be obscene, defamatory, harassing, offensive or malicious, or if your website infringes any third party rights or otherwise does not comply with all applicable laws or regulations.
  • We may, at our sole discretion, for any or no reason, terminate your right to link to our Website by providing you with written notice.   Upon receiving any such written notice you shall immediately remove any such link to our Website.

XI. Trade Marks

"Exaro™" and "ExaroNews™" are trade marks of ExaroNews Limited.

XII. Changes to these Terms

We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we may make, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on our Website.

XIII. General, assignment, third parties

  • You may not assign, sub-licence or otherwise transfer any of your rights under these terms as such rights are personal to you. Exaro may assign, transfer, charge or otherwise dispose of any of your rights and obligations without your consent.
  • If any part of these Terms is found to be invalid by any court having competent jurisdiction that part shall be enforced to the maximum extent possible and the validity of the remaining terms will be unaffected.
  • Nothing in these Terms shall be enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999.

XIV. Jurisdiction and Applicable Law

  • The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Website although we retain the right to bring proceedings against you or to enforce proceedings already concluded for breach of these conditions in your country of residence or any other relevant country.
  • These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

XV. No waiver of remedies

  • The failure to exercise or delay in exercising a right or remedy provided by these Terms or by law shall not constitute a waiver of the right or remedy or a waiver of other rights or remedies nor shall any single or partial exercise preclude any further exercise of any right, power or privilege under these Terms or otherwise.

XVI. Force Majeure

  • Exaro shall not be liable to you for any lack of performance, or the unavailability or failure of exaronews.com or for any failure or delay in complying with these Terms, where such lack, unavailability or failure arises from any cause beyond Exaro's reasonable control.

Thank you for visiting our Website.

 

Please see also:

 

Last update: 21 August 2013
(Major revision to reflect removal of paywall from news content.)

© 2011-14 ExaroNews Limited | ExaroTM and ExaroNewsTM are trade marks of ExaroNews Limited