Without Prejudice - Terms & Conditions
1. These User Terms:
1.1 In accordance with the following user terms ('User Terms'),
TheInterZone 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 TheInterZone
("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 TheInterZone) 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 TheInterZone
shall have no responsibility, obligations or liability in relation
to the Merchandise.
1.5 You further acknowledge that TheInterZone 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 TheInterZone 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 TheInterZone 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)
('TheInterZone 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
TheInterZone 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 TheInterZone Material;
- modify, translate, reverse engineer, reproduce, decompile,
disassemble (except as expressly permitted by law) or create
derivative works of any of the TheInterZone Material;
- rent, lease, sub-licence, loan, copy or give or transfer any
rights in the TheInterZone Material in any form, to any person
or entity without the prior written consent of TheInterZone.
3. Ownership of Intellectual Property Rights
3.1 Notwithstanding the limited rights granted to you in accordance
with Clause 2, TheInterZone, or TheInterZone's suppliers, subcontractors
and agents (collectively 'TheInterZone Contractors') (as applicable)
shall retain all ownership, title and interest in the intellectual
property rights contained in the TheInterZone 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 TheInterZone. TheInterZone 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:
- TheInterZone 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 TheInterZone Material;
- you must delete or destroy any of the TheInterZone 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. TheInterZone's Responsibilities
5.1 TheInterZone undertakes to use commercially reasonable endeavours
to prevent breaches of security of the Web Site.
5.2 TheInterZone 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 TheInterZone 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 TheInterZone reserves the right, without notice to you, to
remove any TheInterZone 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. TheInterZone
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 TheInterZone 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 TheInterZone 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, TheInterZone 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 TheInterZone 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 TheInterZone or TheInterZone Contractors. By
accepting these User Terms, you expressly agree to transfer such
personal information or data to TheInterZone or TheInterZone 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 TheInterZone web sites.
7.2 For the purposes of the Act, you further agree that TheInterZone
or an TheInterZone 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 TheInterZone 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 TheInterZone
may use your personal information and your rights under the Act,
please read TheInterZone's privacy policy displayed on this Web
Site.
8. Limitation
of Liability
8.1 TheInterZone does not limit its liability for death or personal
injury to the extent only that it arises as a result of the negligence
of TheInterZone, its employees, or TheInterZone Contractors, and
the remainder of this Clause 8 shall not apply to such liability.
8.2 To the extent that TheInterZone 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, TheInterZone'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 TheInterZone 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 TheInterZone.
The links will let you leave the Web Site and TheInterZone 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 TheInterZone 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 TheInterZone, or any questions you
may have concerning these User Terms by
to or by writing to TheInterZone, PO Box 1193, Blackpool, Lancashire, FY1 9AT.
Such notices will be effective within twenty-eight days of receipt.
9.2 TheInterZone may send you notice by general notice on this
Web Site, by email to your email address on record with TheInterZone,
or by post to the geographical address on record with TheInterZone.
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 TheInterZone.
10. Competition Rules
10.1 All competitions offered by TheInterZone 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 TheInterZone 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, TheInterZone shall mean theinterzone.com.
11.2 These User Terms form the entire agreement between you and
TheInterZone 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 TheInterZone 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. TheInterZone 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
TheInterZone's posting of such changes will be regarded by TheInterZone
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 TheInterZone has entered into these
User Terms for its own benefit and for the benefit of each TheInterZone
Company (as defined in Clause 11.1 above) and these User Terms
are intended to be enforceable by each TheInterZone 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 TheInterZone or any TheInterZone 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 TheInterZone or the TheInterZone Contractors,
neither TheInterZone nor any TheInterZone 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 TheInterZone 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 TheInterZone
Materials available on this Web Site are directed solely at those
who access the Web Site from the United Kingdom. TheInterZone makes
no representation that any TheInterZone 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.
© TheInterZone (generic) 2009
All rights reserved.
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