PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS OUT THE TERMS UNDER WHICH TRINITY MIRROR SOUTHERN LTD. OFFERS YOU USE OF ITS INTERACTIVE SERVICES AS DEFINED IN CLAUSE 1.1 OF THIS
AGREEMENT AND ITS WEB SITES ("THE SITES"). BY USING ANY OF THE INTERACTIVE SERVICES AND/OR THE SITES 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 Trinity Mirror Southern Ltd., a company incorporated in England and
Wales, whose registered office is One Canada Square, Canary Wharf, London, E14 5AP.
1. Interactive Services
- 1.1
- Trinity Mirror Southern Ltd. may make available to you chat areas, forums and/or other
means by which communications may be made available and/or disseminated publicly; shopping and other
commercial and/or transactional services; advisory services; and/or competitions and/or prize draws (all
together the "Interactive Services"). The Interactive Services may be operated by third parties and where
they are this will be made clear to you. Where such Interactive 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.
- 1.2
- Further, when using such Interactive 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 Trinity Mirror Southern Ltd. as a party and Trinity Mirror Southern Ltd. cannot be held liable for your
use of or any liability arising out of the same (save to the extent required by law).
2. Use of the Sites and the Interactive Services
The Sites and the Interactive Services are for personal and non-commercial use only.
You may copy electronically and print portions of the Sites and/or the Interactive 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 any Site and/or the Interactive
Services, 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 (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 Southern Ltd. is strictly prohibited. You
also agree not to deep-link and/or frame to any of the Sites for any purpose, unless specifically authorised
by Trinity Mirror Southern Ltd. to do so.
- 2.1
- You agree that:
- a)
- you shall not use the Sites or the Interactive 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, 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 Trinity Mirror Southern Ltd. computer systems or any third party computer
system; and
- b)
- you will keep your passwords relevant to the Sites and/or the Interactive
Services secure and not let them become public knowledge.
- 2.2
- If you publish any text or graphics via the Interactive Services by way of contributions
to chats, discussions or user reviews, you automatically and hereby grant to Trinity Mirror Southern Ltd. a
perpetual, royalty free, irrevocable, non-exclusive right and license
to use, reproduce, modify, 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, as between you
and Trinity Mirror Southern Ltd., you assert and waive any and all moral rights in such text or graphics.
- 2.3
- The intellectual property in all design, text, graphics and other material and the
selection or arrangement of such material in the Sites and/or the Interactive Services is owned by Trinity Mirror Southern Ltd. and/or its respective licensors.
- 2.4
- 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 or their contents (including, without
limitation, any views or comment made). All information and/or data included in and/or on the
Sites, the Interactive Services and/or in any directory or other listings or information retrieval service
made available on or by the Sites and/or the Interactive Services has been so made
available for guidance only. Your use of such information and/or data is therefore entirely at your own risk.
All liability of Trinity Mirror Southern Ltd., 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 is expressly excluded to the fullest extent permitted by law.
- 2.5
- The Sites and/or the Interactive 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 Trinity Mirror Southern Ltd. 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).
- 2.6
- In view of the vast flow of information transmitted by an Internet service provider
and/or web site operator (as applicable) 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 Southern Ltd. 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 Southern Ltd. shall have
the right to remove any items it believes may be illegal.
- 2.7
- Trinity Mirror Southern Ltd. is the owner of:
- a)
- those trade mark(s) indicated as such throughout the Sites from time to
time; and
- b)
- all other trade marks used in the Sites and/or the Interactive 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.
- 2.8
- The provisions in clause 5 on Data Protection and Use of Personal Information apply in
respect of your use of the Sites and/or the Interactive Services.
3. Availability and Security of the Sites and the Interactive Service
- 3.1
- Due to the nature of the Internet, Trinity Mirror Southern Ltd. does not promise full and
error free operation of the Sites and/or the Interactive Services at all times. All liability
of Trinity Mirror Southern Ltd., its directors or employees howsoever arising for any loss whatsoever arising
from your use of or inability to use the Sites and/or the Interactive Services is excluded, insofar as it is
possible to do so in law.
- 3.2
- Trinity Mirror Southern Ltd. shall use reasonable endeavours to ensure that the Sites, the
Interactive Services and any information it holds on you are kept secure. However, due to the nature of the
Internet, Trinity Mirror Southern Ltd. 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 Trinity Mirror Southern Ltd. is unable to exclude such
liability by law).
4. Registration
- Where you are asked to complete a Trinity Mirror Southern Ltd. registration form the
personal details that you provide must be true, accurate and complete.
5. Data Protection and Use of Personal Information
- 5.1
- Information may be gathered from your registration form(s) and your use of the Sites
and/or the Interactive 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.
- 5.2
- The information gathered may be used by Trinity Mirror Southern Ltd. and companies in the
same group as Trinity Mirror Southern Ltd. (i.e. companies which share the same ultimate parent company)
internally, for purposes relating to your use of the Sites and the Interactive
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 Trinity Mirror Southern Ltd., from companies in the same group as Trinity Mirror Southern Ltd.
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 Southern Ltd. or companies in the same group as Trinity Mirror Southern Ltd.
or no longer wish us to pass your information to third parties you should again notify us by e-mail.
- 5.3
- Trinity Mirror Southern Ltd. 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 Sites and/or the
Interactive Services. Where it is lawful and necessary Trinity Mirror Southern Ltd. may also monitor e-mails
you send and receive.
- 5.4
- Other than as set out elsewhere in this clause 5, your information shall not be disclosed
or used by us. You hereby agree to these terms in this clause 5 by your
agreement to the terms and conditions of this Agreement.
6. Payment
- The Sites and the Interactive Services are currently made available without charge to you
by Trinity Mirror Southern Ltd. However, you are responsible for all telephone charges necessary to access and
use the Sites and the Interactive Services which are made
available.
7. Termination
- Trinity Mirror Southern Ltd. may permanently terminate your access to the Interactive
Services immediately for any reason.
8. Claims
- Where a claim is brought against Trinity Mirror Southern Ltd. by a third party in relation
to your use of the Sites and/or the Interactive Services you agree to fully reimburse Trinity Mirror Southern Ltd. and
all companies within the Trinity Mirror Southern Ltd. group for all losses, costs, actions, claims, damages,
expenses (including reasonable legal costs and expenses) or liabilities, whatsoever suffered or incurred by
Trinity Mirror Southern Ltd. or companies within the Trinity Mirror Southern Ltd. group in or as a consequence of
your breach of this Agreement and/or your use of the Sites and/or Interactive Services.
9. 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.
10. Notices
- 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.
11. Assignment
- 11.1
- 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 Southern Ltd.'s prior written
consent.
- 11.2
- Trinity Mirror Southern Ltd. 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 Trinity Mirror Southern Ltd. 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 Sites.
12. 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.
13. Variation of Terms
- Trinity Mirror Southern Ltd. 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 the Sites. Changes in
this manner shall be deemed to have been accepted if you continue to use the Sites and/or the Interactive
Services after a period of two weeks from the date of transmission of the e-mail or of posting on the home
pages of the Sites, whichever occurs later.
14. Law and Jurisdiction
- Where the Sites and/or the Interactive 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 Sites and/or the Interactive
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.
15. Registration Of Domain Names
- If you have a .uk domain registered through Trinity Mirror Southern Ltd., you should be
aware of the following terms and conditions.