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TERMS AND CONDITIONS OF USE
OF
www.foodinmytown.co.uk
1 ACCEPTANCE OF TERMS
1.1 Your access to and use of the website
operated by Food In My Town Limited (the "website")
is conditional upon your acceptance of these Terms and Conditions,
including our Privacy Statement. If you do not accept these
Terms and Conditions you must stop using the website immediately.
1.2 We reserve the right to amend these Terms
and Conditions at any time without notice and at our discretion.
It is therefore your sole responsibility periodically to review
this page for updates to these Terms and Conditions, which shall
come into effect once posted. Your continued use of the website
will be deemed acceptance of these Terms and Conditions, including
our Privacy Statement.
1.3 This website is made available by Food In
My Town Limited and its subsidiaries, affiliates, parent companies
and any of their related businesses are referred to in these Terms
and Conditions as "we", "us" or
"our".
2 RIGHTS
2.1 All rights in all material and content
(including, but not limited to, text, images, web pages, sound,
software (including, code, interface and website structure) and
video, and the look and feel, design and compilation thereof) at
this website are owned by us or our licensors. You agree that you
are permitted to use this material and/or content only as set out
in these Terms and Conditions or as otherwise expressly authorised
in writing by us or our licensors, and that you may not otherwise
copy, reproduce, transmit, publicly perform, distribute,
commercially exploit, adapt, translate, modify, bundle, merge,
share or make available to any person, or create derivative works
of such material or content.
3 INTELLECTUAL PROPERTY RIGHTS
3.1 We are the owner and/or authorised user of
all trade marks, service marks, patents, copyrights, database
rights and all other intellectual property appearing on or
contained within the website, unless otherwise indicated. Except
as provided in these Terms and Conditions, use of the website does
not grant you any right, title, interest or license to any such
intellectual property you may access on the website. Except as
provided in these Terms and Conditions, any use or reproduction of
the intellectual property is prohibited.
4 COPYING
4.1 You may view this website and you are
welcome to print hard copies of material on it solely for your
lawful, personal, non-commercial use. All other copying, whether
in electronic, hard copy or any other format, is prohibited and
may breach intellectual property laws and other laws world-wide.
Furthermore, you are not entitled to reproduce, transmit, publicly
perform, distribute, adapt, translate, modify, bundle, merge,
share or make available to any person, or create derivative works
of such material, or use it for commercial purposes, without our
prior written consent. All other rights are reserved.
5 ACCEPTABLE USAGE POLICY
5.1 This website may contain discussion groups,
bulletin boards, chat rooms and other interactive services. We
support the free flow of information and ideas over the Internet
but do not actively monitor use of our discussion groups, bulletin
boards or chat rooms. Similarly, we do not exercise editorial
control over the content of any third party websites, electronic
mail transmission, text message, news group, bulletin board, chat
room or other material created or accessible over or through the
website. As a result, you may be exposed to content on the website
or on websites accessible over or through the website that you
find offensive or objectionable. However, we do reserve the right
to monitor our discussion groups, bulletin boards, chat rooms and
other interactive portions of the website and to remove any
content which, in our sole discretion, constitutes a misuse of
these interactive services and may restrict, suspend or terminate
your use of these services or the website where we believe that
there has been such misuse.
The following examples constitute misuse of the
interactive services:
5.1.1 using the services for any improper,
unlawful or immoral purpose, causing any nuisance by your use of
the services or causing the operation of the services to be
jeopardised or impaired;
5.1.2 using the services to create, host or
transmit (whether in a live chat room, on a bulletin board or
otherwise) any defamatory, offensive, or obscene material or
engaging in activities which would cause offence to others on
grounds of race, religion, creed or sex;
5.1.3 using the services to harm, or attempt to
harm, minors in any way;
5.1.4 using the services to create, host or
transmit any material that threatens or encourages bodily harm or
the destruction of property or would constitute a criminal offence
or give rise to civil liability;
5.1.5 using the services to create, host or
transmit material which infringes the copyright, trademark,
patent, trade secret or other intellectual property or proprietary
rights of any other party;
5.1.6 using the services to create, host or
transmit unsolicited advertising material to other users;
5.1.7 using the services to create, host or
transmit any material that harasses another; using the services to
make fraudulent offers to sell or buy products, items or services;
5.1.8 adding, removing or modifying identifying
network header information in an effort to deceive or mislead;
5.1.9 using the services to access, or to
attempt to access, the accounts of others or to penetrate, or
attempt to penetrate, our or a third party's security measures,
computer software, hardware, electronic communication system, or
telecommunications systems;
5.1.10 using the services to collect, or
attempt to collect, personal information about third parties
without their knowledge or consent or to engage in screen
scraping, database scraping or any other activity with the purpose
of obtaining lists of users or other data;
5.1.11 using the services for any activity
which adversely affects the ability of other people or systems to
use the services or the Internet generally;
5.1.12 re-selling, repurposing or
redistributing any services provided by us our contractors or our
licensees without our prior written consent; or impersonating any
person or entity or using a false name that you are not authorised
to use.
5.2 This list only serves to provide examples
and is not meant to be an exclusive list of the type of misuses of
the interactive services that may result in the restriction,
suspension or termination of your access to the website. Due to
the global nature of the Internet, users hereby agree to comply
with all local rules regarding on-line conduct and acceptable
content. Users also agree to comply with any applicable rules
regarding the export of any data from any country. The opinions
expressed in live chat rooms and/or posted on bulletin boards or
on other interactive services are not necessarily ours. Any
statements, advice and opinions made by such participants are
those of such participants only. We neither endorse nor shall be
held responsible for any such statements, advice or opinions.
6 DISCLAIMERS AND LIMITATION OF LIABILITY
6.1 This site is provided "AS IS" and
"AS AVAILABLE" and your use thereof is at your own risk.
We, our officers, directors, employees, agents and assigns,
disclaim, to the fullest extent permitted by law, all expenses and
implied warranties, including, without limitation, any warranties
of merchantability, fitness for a particular purpose, title and
non-infringement. We do not warrant that the website will be free
from viruses. Although we take reasonable steps to secure the
website, you acknowledge that the internet is not a completely
secure medium and we make no warranties, express or implied, that
any information or materials you post on or transmit through the
website will be safe from unauthorised access or use. If you are
dissatisfied with the website, your sole remedy is to discontinue
use of the website.
6.2 We do not vouch for those persons,
companies and other organisations whose goods or services may be
accessed or displayed through or on the site.
6.3 To the fullest extent permitted by law we,
our officers, directors, employees, agents and assigns, hereby
disclaim all liability for any loss, cost or damage (direct,
indirect, consequential or otherwise) suffered by you as a result
of your use of the website or from any computer virus transmitted
through the website, or other websites accessed from this website,
whether such loss, cost or damage arises from our negligence or
otherwise and even if we are expressly informed of the possibility
of such loss or damage. In no event shall our total liability to
you for all damages, costs, losses and causes of action in the
aggregate (whether in contract, tort, including but not limited to
negligence or otherwise) arising from the Terms and Conditions,
including our Privacy Policy, or use of the website exceed, in the
aggregate, £100.00 (GBP)
7 YOUR RESPONSIBILITY
7.1 You should always verify the information
set out in this website with independent authorities before acting
or relying on it. It is your responsibility to use virus-checking
software on any material downloaded from this website and to
ensure the compatibility of such software with your equipment. In
circumstances where you provide us with information relating to
any third parties, you warrant that you have received that third
party's consent in relation to such disclosure and that the third
party has been informed of, and agrees to, our Privacy Statement
and the uses which we may make of such information.
8 MATERIALS SUBMITTED BY YOU
8.1 Unless specifically requested, we do not
solicit nor do we wish to receive any confidential, secret or
proprietary information or other material from you through the
website, any of its services, by email, or in any other way. Any
information or material submitted by you, and which has not been
specifically requested by us, will be deemed not to be
confidential, secret or proprietary. You agree that any
information or materials submitted by you to this website, whether
ideas, creative concepts or other materials, may be used,
reproduced and disclosed by us without restriction for whatever
purpose we deem fit and without payment of any sum or
acknowledgement of you as their source. You also warrant that any
"moral rights" in posted materials have been irrevocably
waived by these appropriate authors. We shall have no liability
for any loss or damage suffered by you as a result of use or
disclosure of such materials by us to the extent permitted by law.
This paragraph "materials submitted by you" does not
affect any rights you may have under data privacy laws that
protect your personal information or similar privacy laws, to the
extent that such rights cannot be excluded.
9 USER INFORMATION
9.1 In the course of your use of the website,
you may be asked to provide personal information to us (such
information referred to hereinafter as "User
Information"). Our information, collection and use policies
with respect to such User Information are set forth in the website
Privacy Policy, which Privacy Policy is incorporated into these
Terms and Conditions by reference. You acknowledge and agree that
you are solely responsible for the accuracy and content of the
User Information.
10 LINKS TO THIRD PARTY WEBSITES
10.1 You acknowledge and agree that we have no
responsibility for the information provided by websites to which
you may link from this website ("linked websites").
Links to linked websites do not constitute an endorsement by or
association with us of such websites or the content, products,
advertising or other materials presented on such websites. We have
no control over these linked websites and do not edit or monitor
them. You acknowledge and agree that we are not responsible or
liable, directly or indirectly, for any damage, loss or cost
caused or alleged to be caused by or in connection with use of or
reliance on any such content, goods or services available on such
linked websites.
11 INDEMNITY
11.1 You will indemnify us against any loss,
damage or cost incurred by us arising out of your use of the
website, any of its services or any information accessible over or
through the website, including information obtained from linked
websites, your submission or transmission of information or
material on or through the website or your violation of these
Terms and Conditions or any other laws, regulations and rules. You
will also indemnify against any claims that information or
material which you have submitted to us is in violation of any law
or in breach of any third party rights (including, but not limited
to, claims in respect of defamation, invasion of privacy, breach
of confidence, infringement of copyright or infringement of any
other intellectual property right). We reserve the right to
exclusively defend and control any claims arising from the above
and any such indemnification matters and that you will fully
cooperate with us in any such defences.
12 RESTRICTION, SUSPENSION AND TERMINATION
12.1 We may restrict, suspend or terminate your
access to the website and/or your ability to avail of any of the
services on the website, including interactive services, if we
believe that you have breached these Terms and Conditions at any
time. Any such restriction, suspension or termination will be
without prejudice to any rights which we may have against you in
respect of your breach of these Terms and Conditions. We may also
remove the website as a whole or any sections or features of the
website at any time. Please note that we have the ability to trace
your IP address and if necessary contact your ISP and/or contact
and inform the relevant authorities in the event of a suspected
breach of these Terms and Conditions.
13 ENTIRE AGREEMENT
13.1 These Terms and Conditions, including our
Privacy Policy, constitutes the entire agreement between you and
us in relation to its subject matter and supersedes any and all
prior promises, representations, agreements, statements and
understandings whatsoever between us. To the extent that software
is available through the website, such software may be subject to
a license agreement that is distributed or included with such
software and you agree to abide by the terms and conditions of any
such license agreements. The failure by us to exercise or enforce
any right or provision of the Terms and Conditions shall not
constitute a waiver of such right or provision. If any provision
of the Terms and Conditions is found by a court of competent
jurisdiction to be unenforceable or invalid, the parties
nevertheless agree that the court should endeavour to give effect
to the parties' intentions as reflected in the provision, and the
other provisions of the Terms and Conditions shall remain in full
force and effect.
14 LAW AND JURISDICTION
14.1 These Terms and Conditions, including the
Privacy Policy and any matter relating to this website, shall be
governed by English law. To the extent that software is accessible
through this website, such software may be subject to export,
re-export and/or import controls imposed by the United States or
any other jurisdiction and may not be downloaded or otherwise
exported or re-exported: (a) into (or to a national or resident of
) any country to which the U.S. has placed an embargo, (b) to
anyone on the U.S. Treasury Department's Specially Designated
Nationals list, or (c) in violation of the U.S. Commerce
Department's Table of Denial Orders. If you download or use the
software, you represent and warrant that you are not located in,
or under the control of, or a national or one any such country or
on any such list.
© Food In My Town Limited. All rights
reserved.
Version 1.1 ~ 10th October
2007
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