Without Prejudice - Terms & Conditions
1.
These User Terms:
1.1 In accordance with the following user terms
('User Terms'), Blackpool Fringe grants you as an
authorised user ('Authorised User' or 'you') of this
web site ('Web Site') certain rights (as set out
below) and in return you agree to perform certain
obligations.
1.2 Please read these User Terms carefully. They
are a legal document and, by your continued use of
the Web Site, you agree to be bound by these User
Terms. In particular, you agree that you have read
and understood the following Clauses:
Clause 6 - Your Responsibilities
Clause 7 - Consent to use Your Personal Information
Clause 8 - Limitation of Liability
1.3 If you do not agree with these User Terms and
do not wish to be bound by them, please exit this
Web Site and do not use the Web Site in the future.
1.4 The goods and services ("Merchandise")
which may be purchased by you from companies or individuals
other than Blackpool Fringe ("Merchants")
via third party and/or third party web sites linked
to this Web Site are subject to separate terms and
conditions between you and the applicable Merchant.
You acknowledge that the applicable Merchant (and
not Blackpool Fringe) is solely responsible for the
fulfilment of orders for any Merchandise and for
its quality, suitability and fitness for purpose.
You also acknowledge that the selection of any Merchant
or the purchase of any item of Merchandise from the
information available on the Web Site or from the
Merchant via the Merchant's web site or otherwise
is solely your choice. Any disputes or questions
relating to the Merchandise shall be directed to
the Merchant in question and you acknowledge that
Blackpool Fringe shall have no responsibility, obligations
or liability in relation to the Merchandise.
1.5 You further acknowledge that Blackpool Fringe
is not responsible or liable directly or indirectly
for any change or loss whatsoever and howsoever arising
or resulting from your use of or reliance on any
content, material or goods or services available
through, on or from any Merchant or Merchant's web
sites. It is important that you check the privacy
policy, terms and conditions of use and content of
any website and/or Merchant's information accessible
to you from this web site
1.6 If you register for any prize competitions,
promotions or other give-aways on the Web Site separate
Terms and Conditions which are located on the Web
Site, shall also apply in addition to the remainder
of these User Terms.
1.7 If you register for the Blackpool Fringe Forums
separate Forum Rules which are located on the Web
Site shall also apply in addition to these User Terms.
2. Licence to Use Material on Web Site
2.1 Blackpool Fringe grants to you a personal, non-exclusive,
non-transferable, royalty-free licence to use all
the material on the Web Site (including but not limited
to: software, documentation, text, pictures, sounds,
graphics, articles, video or audio clips, and advertising
material) ('Blackpool Fringe Material') on the basis
set out in Clause 2.2.
2.2 You are entitled to access, download and transmit
(for the purposes expressly permitted in these User
Terms) and store the Blackpool Fringe Material for
your own personal, non-commercial use provided that
you do not:
- remove any notices relating to the ownership
of copyright or other Intellectual Property Rights
(as defined in Clause 3.1 below) in the Blackpool
Fringe Material;
- modify, translate, reverse engineer,
reproduce, decompile, disassemble (except as expressly
permitted by law) or create derivative works of
any of the Blackpool Fringe Material;
- rent, lease,
sub-licence, loan, copy or give or transfer any
rights in the Blackpool Fringe Material in any
form, to any person or entity without the prior
written consent of Blackpool Fringe.
3. Ownership of Intellectual Property Rights
3.1 Notwithstanding the limited rights granted to
you in accordance with Clause 2, Blackpool Fringe,
or Blackpool Fringe's suppliers, subcontractors and
agents (collectively 'Blackpool Fringe Contractors')
(as applicable) shall retain all ownership, title
and interest in the intellectual property rights
contained in the Blackpool Fringe Material (including
but not limited to copyright, database rights, trade
marks, patents, service marks, design rights (whether
registerable or otherwise) know-how, trade or business
names, domain names, goodwill associated with any
of the foregoing and other similar rights or obligations
whether registerable or not in any jurisdiction in
the world ('Intellectual Property Rights').
3.2 You agree that any material (including any Intellectual
Property Rights in such material), including but
not limited to material sent via chat services, feedback,
bulletin boards or articles or any other material
submitted for publication on the Web Site or in using
any of the Web Site Services ("User Generated
Content") may be retained as the property of
Blackpool Fringe. Blackpool Fringe shall have no
obligations with regard to the User Generated Content
to monitor the User Generated Content to ensure that
it complies with applicable laws or regulations.
You remain solely responsible for the User Generated
Content in accordance with Clause 6.
4. Duration of User Terms and Termination
4.1 These User Terms are binding upon you immediately.
You accept them by your use of this Web Site, and
they will remain in force until:
- Blackpool Fringe terminates these User
Terms by notice to you at any time in accordance
with Clause 9.2.
4.2 In the event that these User Terms are terminated
for any of the reasons stated above you agree to
comply with the following obligations:
- the licence granted to you in accordance
with Clause 2 shall be terminated forthwith and
you shall have no further rights to use the Blackpool
Fringe Material;
- you must delete or destroy any
of the Blackpool Fringe Material stored by you
in electronic or hard copy form as soon as reasonably
practicable;
- you will have no further rights to
access or use the Web Site or the Web Site Services.
5. Blackpool Fringe's Responsibilities
5.1 Blackpool Fringe undertakes to use commercially
reasonable endeavours to prevent breaches of security
of the Web Site.
5.2 Blackpool Fringe makes no representation or
warranty that the Web Site or services offered via
the Web Site (i.e. bulletin boards, chat (except
any Merchandise made available by Merchants via links
to this Web Site, which are subject to the separate
Merchant terms and conditions as mentioned in Clause
1.4)) ('Web Site Services') will be accessible, or
useable by you or error free.
5.3 Blackpool Fringe takes no liability for any
failure or interruption of the Web Site or any inability
to access or use the Web Site or any features, products
or services on the Web Site.
5.4 Blackpool Fringe reserves the right, without
notice to you, to remove any Blackpool Fringe Material
from the Web Site or to suspend or alter the operation
of the Web Site or any Web Site Services, at its
sole discretion or for legal or technical reasons.
Blackpool Fringe will give you as much notice as
possible prior to taking any of the actions described
in this Clause, but prior notice may not always be
feasible for a variety of reasons.
6. Your Responsibilities
6.1 You agree that you will use this Web Site in
a lawful manner that is consistent with all applicable
laws and regulations.
6.2 You agree that you are responsible for the security
and use of any user names or passwords needed to
access or use the Web Site or any Web Site Services.
You must take all reasonable steps to ensure that
these user names and passwords are kept confidential
and secure and you do not allow any unauthorised
person to access the Web Site or any of the Web Site
Services using your user name or password. You take
full responsibility for all information and instructions
transmitted through the Web Site using your user
name and/or password. All such information will
be considered sent and authorised by you. You agree
that you will not use the Web Site or any of the
Web Site Services as follows:
- to send, receive, upload, download, store,
use, distribute or publish any material that is
offensive, abusive, indecent, defamatory, obscene,
or in breach of any other person's Intellectual
Property Rights or breaches any obligation of confidentiality
by which you are bound;
- to send or distribute multiple
unsolicited emails or messages ('Spam') or to cause
any other person annoyance, inconvenience or worry;
- for
any purposes connected to any business, including
sending any unsolicited advertisements or promotional
material;
- to use or attempt to use any software,
engine, or any other means to navigate or search
this Web Site other than the navigation tools and
search facilities available on this Web Site and
general third party browsers;
- to carry out any
activities in relation to “screen
scraping” or “database scraping” to
obtain lists of users, URLs, Internet Keywords or
other information;
- to access the Web Site by any
means other than through the interface that is provided
by Blackpool Fringe for use in accessing the Web
Site;
- to use or transmit any material that contains
software viruses or any other computer code, file
or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware
or telecommunications equipment, including but not
limited to the Web Site;
- to do anything which imposes
an unreasonable or disproportionately large load
on the Web Site's infrastructure;
- to interfere
with or disrupt the Web Site and/or Web Site Services
or servers or networks connected to the Web Site
or disobey any requirements, procedures, policies
or regulations of networks connected to the Web
Site;
- or to collect or store personal data about
other users of this Web Site whether or not for
commercial purpose without their consent. This
means no posting of phone numbers, addresses
or any other private information without the express
permission of that individual. Processing of
personal data is regulated by the Data Protection
Act 1998 in the United Kingdom.
6.3 You agree to indemnify Blackpool Fringe against
any claims, costs, expenses or legal proceedings
caused as a result of your use of the Web Site or
Web Site Services in contravention of Clauses 6.1
and 6.2, further in these circumstances, Blackpool
Fringe shall be entitled to treat the contravention
as a material breach of these User Terms and terminate
the User Terms and any access permission granted
to you by Blackpool Fringe forthwith, without notice
to you.
7. Consent to Use Your Personal Information
7.1 For the purposes of the Data Protection Act
1998 (the “Act”), you acknowledge that
in the course of registering and using this Web Site
and the Web Site Services, certain personal information
or data about you will be captured electronically
or otherwise and transmitted to Blackpool Fringe
or Blackpool Fringe Contractors. By accepting these
User Terms, you expressly agree to transfer such
personal information or data to Blackpool Fringe
or Blackpool Fringe Contractors to use, store and
process the personal information for the purposes
of providing the services offered on this Web Site,
or any other connected Blackpool Fringe web sites.
7.2 For the purposes of the Act, you further agree
that Blackpool Fringe or an Blackpool Fringe Contractor
involved in the provision of the Web Site Services,
may send your personal data outside of the European
Economic Area.
7.3 You may revoke the consents given above in Clauses
7.1 and 7.2 by giving notice to Blackpool Fringe
in accordance with Clause 9.1, but in those circumstances
you must exit the Web Site and will have no further
rights to access the Web Site or use the Web Site
Services.
7.4 For more information about the purposes for
which Blackpool Fringe may use your personal information
and your rights under the Act, please read Blackpool
Fringe's privacy policy displayed on this Web Site.
8. Limitation of Liability
8.1 Blackpool Fringe does not limit its liability
for death or personal injury to the extent only that
it arises as a result of the negligence of Blackpool
Fringe, its employees, or Blackpool Fringe Contractors,
and the remainder of this Clause 8 shall not apply
to such liability.
8.2 To the extent that Blackpool Fringe is deemed
by a court of competent jurisdiction to have any
liability to you in contract, tort (including negligence)
or otherwise in relation to this Web Site or the
Web Site Services, Blackpool Fringe's entire liability
shall be limited to £1 for any one incident
or series of related incidents and up to £2
for all incidents in any period of 12 months.
8.3 Blackpool Fringe shall not be liable to you
in contract, tort, negligence (other than fraudulent
or negligent misrepresentations) or otherwise for:
- any economic loss, (including without
limitation, loss of revenue, business, contracts,
profits or anticipated savings);
- any loss of goodwill
or reputation;
- any loss of data;
- or any special, indirect or
consequential loss.
8.4 The express terms of these User Terms are in
lieu of all warranties, conditions, undertakings,
terms, and obligations implied by statute, common
law, usage, course of dealing or otherwise, all of
which are excluded to the fullest extent permitted
by law.
8.5 The Web Site may contain links to third party
web sites which are controlled and operated by parties
other than Blackpool Fringe. The links will let you
leave the Web Site and Blackpool Fringe is not responsible
for any contents of any linked site or any link contained
in a linked site. The inclusion of any link on the
Web Site does not imply endorsement by Blackpool
Fringe of the linked site. If you decide to access
linked third party web sites, you do so at your own
risk.
9. Notices
9.1 You may send a notice to Blackpool Fringe, or
any questions you may have concerning these User
Terms by
to
or by writing to Blackpool Fringe,
Zest Leisure,
Naventis Court,
Singleton Street,
Blackpool,
Lancashire,
FY1 5AX. Such notices will be effective within twenty-eight days of receipt.
9.2 Blackpool Fringe may send you notice by general
notice on this Web Site, by email to your email address
on record with Blackpool Fringe, or by post to the
geographical address on record with Blackpool Fringe.
Such notice will be effective if sent by email or
posted on the Web Site, one days from the date it
was sent or posted on the Web Site. If sent by regular
post, it will be effective seven days after posting
by Blackpool Fringe.
10. Competition Rules
10.1 All competitions offered by Blackpool Fringe
from this Web Site (“Competitions”) are
open to any United Kingdom or Channel Island resident
who is aged 18 or over, except for employees (and
their families) of any Blackpool Fringe or anyone
else connected with the Competitions (“Entrant”).
10.2 All Entrants must register for the relevant
Competition by giving their correct name and address
in the United Kingdom, together with their email
address. By registering for the relevant competition,
you acknowledge that you have read and agree to the
provisions contained in Clause 7 regarding consent
to use your personal information.
10.3 All Competitions shall be subject to terms
and conditions as displayed on the Web Site in relation
to each Competition.
11.General
11.1 For the purposes of Clauses 1.4, 3, 6.3, 7,
8 and 11.8 of these User Terms, Blackpool Fringe
shall mean blackpoolfringe.org.uk.
11.2 These User Terms form the entire agreement
between you and Blackpool Fringe and supersede any
other oral or written communications, agreements
or representations with respect to your use of this
Web Site and Web Site Services.
11.3 Blackpool Fringe reserves the right to add
to or change the terms of these User Terms in its
sole discretion without prior notice to you. All
changes to the User Terms will be effective once
posted on the Web Site. Blackpool Fringe will provide
as much notice as possible prior to making any changes
to the User Terms on the Web Site, but prior notice
may not always be feasible for a variety of reasons.
Your continued use of the Web Site or the Web Site
Services following Blackpool Fringe's posting of
such changes will be regarded by Blackpool Fringe
as acceptance of the amended User Terms. If you do
not agree to be bound by the amended User Terms you
should exit the Web Site and not access or use the
Web Site in the future.
11.4 Nothing in these User Terms affects your statutory
rights as a consumer.
11.5 If any part of these User Terms are held by
a court of competent jurisdiction to be unenforceable,
the validity of the remainder of these User Terms
will not be affected.
11.6 You acknowledge that Blackpool Fringe has entered
into these User Terms for its own benefit and for
the benefit of each Blackpool Fringe Company (as
defined in Clause 11.1 above) and these User Terms
are intended to be enforceable by each Blackpool
Fringe Company by virtue of the Contracts (Rights
of Third Parties) Act 1999.
11.7 Subject to Clause 11.6, a person who is not
a party to these User Terms has no right under the
Contracts (Rights of Third Parties) Act 1999 to enforce
any term of these User Terms but this does not affect
any right or remedy of a third party which exists
or is available apart from that Act.
11.8 If Blackpool Fringe or any Blackpool Fringe
Contractor is unable to perform any obligation under
these User Terms because of a matter beyond its reasonable
control, including (but not limited to) fire, flood,
explosion, war, civil disorder, industrial disputes
(whether or not involving its employees), or other
disasters or governmental laws and regulations imposed
after the fact, or events beyond the reasonable control
of Blackpool Fringe or the Blackpool Fringe Contractors,
neither Blackpool Fringe nor any Blackpool Fringe
Contractor will have any liability for that failure
to perform.
11.9 Your use of the Internet is solely at your
risk and subject to all applicable laws, and Blackpool
Fringe has no responsibility for any information,
software, services or other materials accessed or
obtained by you using the Internet.
11.10 Unless otherwise specified on this Web Site,
the Blackpool Fringe Materials available on this
Web Site are directed solely at those who access
the Web Site from the United Kingdom. Blackpool Fringe
makes no representation that any Blackpool Fringe
Material is appropriate for use elsewhere, or available
in any other locations. Those who choose to access
this Web Site and the Web Site Services from any
other location are solely responsible for compliance
with local laws and regulations if, and to the extent,
that they are applicable.
11.11 These User Terms are governed by the laws
of England, and subject to the non-exclusive jurisdiction
of the English Courts.
© Blackpool Fringe (generic) 2007
All rights reserved.
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