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This website (this “Site”) is owned and operated by Psychic Media Limited, (“we”, “us” and “our”). We are registered in England and Wales under company number 07347102 and have our registered office at 31a Basepoint Business Centre
Isidore Road,
Bromsgrove Technology Park,
Bromsgrove,
Worcestershire,
B60 3ET . Our VAT number is
995 8434 53
.
Please read these Term of Use carefully before using our Site as they represent the Terms of Use on which we make our Site including the content, directory services, search facilities, email, newsgroups, chat forums and other services provided from time to time available to you. By using our Site, you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree to them, then please do not use our Site.
We may, from time to time, update and/or revise these Terms of Use to reflect changes in our business practices and policies. Please check these Terms of Use periodically for any changes.
1. USE OF THE SERVICES
1.1 You are permitted to use the Site for your personal non-commercial use only.
1.2 We may change, suspend or discontinue the Site at any time, including the availability of any service, feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of this Site and the services available through it without notice. We will not be liable to you if for any reason this Site changes or is unavailable at any time or for any period.
1.3 You shall be responsible for obtaining and maintaining any equipment and services needed to connect to, access or otherwise use our Site.
1.4 Our Site may contain additional terms (for example conduct guidelines) that further govern the use of a particular aspect of our Site, including without limitation particular features or offers (for example games and competitions). If any terms contained in these Terms of Use conflict with any terms contained elsewhere on our Site, then these Terms of Use shall prevail.
2. REGISTRATION & SECURITY
2.1. We restrict access to certain parts of our Site to users who have registered with us. If you register with us, you must provide true and accurate information about yourself. Should the registration information provided prove false or misleading, we may suspend or terminate your account.
2.2. You may not select or use as your account ID a name of another person with the intent to impersonate that person. If you misuse your account in breach of these Terms of Use, we reserve the right to refuse registration of or cancel your account at our discretion.
2.3. You are responsible for maintaining the security of your account, password, files and for all uses of your account. You authorise us to act on instructions received under your account and we will not be liable for any loss that you might suffer through following such instructions whether by you or another person.
2.4. You must notify us at support@BritishInformation.com of any known or suspected unauthorised use(s) of your account, or any known or suspected breach of security on the Site, including loss, theft, or unauthorised disclosure of your password or credit card information. You shall be responsible for maintaining the confidentiality of your password.
2.5. You are responsible for all activity under your account even if someone else uses your account.
2.6. You should exit from your account at the end of each session.
3. PRIVACY POLICY STATEMENT
3.1. We use your registration data and certain other information we collect about you in accordance with our privacy policy statement. For more information, please see our full privacy policy statement.
3.2. By using our Site, you are consenting to such processing and use.
4. SITE CONTENT
4.1. Save for the User Content (as defined in paragraph below), all materials displayed or performed on the Site (including, but not limited to text, graphics, news articles, photographs, images, illustrations, audio clips and video clips) are protected by copyright, trade marks, database right and other intellectual property rights, which are owned or controlled by us or our third party content providers. You may not sell, reproduce, modify, copy or distribute or use for any commercial purpose any such materials without our written consent.
5. LAWFUL USE
5.1. You may use our Site only for lawful purposes. You must not use our Site:
5.1.1. in any way that breaches any applicable local, national or international law or regulation;
5.1.2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
5.1.3. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards in paragraph below;
5.1.4. to knowingly transmit any data, or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
5.2. You also agree:
5.2.1. not to access without authority, interfere with, damage or disrupt:
5.2.1.1. any part of our Site;
5.2.1.2. any equipment or network on which our Site is stored;
5.2.1.3. any software used in the provision of our Site; or
5.2.1.4. any equipment or network or software owned or used by any third party.
5.3. You must not run Maillist, Listserv, any form of auto-responder, or “SPAM” on the Site, or any processes that run or are activated while a user is not logged in.
7. INTERACTIVE SERVICES
7.1. We may from time to time provide interactive services on our Site, including, without limitation:
7.1.1. forums for discussion of issues of interest to the users of our Site;
7.1.2. social networking services where registered members can create online personal profiles and interact and share information with other members;
7.1.3. interactive applications such as instant messaging, video instant messaging, picture-sharing and games;
7.1.4. a blogging portal where users can blog on all manner of subjects.
7.2. Any use of our interactive services must comply with our user conduct and standards set out in paragraph below.
7.3. We do not oversee, monitor or moderate the content that you upload to our Site using our interactive services and neither do we vet or screen users of our Site. You use the Site at your own risk and you should take care with the information you post on our Site.
8. THIRD PARTY SERVICES
8.1. This Site contains links to other sites and resources provided by third parties. 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.
8.2. We may from time to time make available through our Site certain services provided by third parties. These include online gaming services and online shops. To gain access to these services, you must register with these third parties and deal with them direct. We have no control over the contents of those third party sites or the performance of these services. Your dealings with, and interest in, services, merchants or promotions found on or via our Site are solely between you and the person with whom you are dealing. Accordingly, you use these services at your own risk and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
9. ADVERTISING
9.1. This Site contains advertising. In consideration of our granting you access without charge to this Site and the various services which we make available through this Site, you agree that:
9.1.1. we may place such advertising on our Site;
9.1.2. we may send you by email newsletters and other information containing advertisements or promotions for the goods or services whether supplied by us or third parties selected by us;
9.1.3. our advertising may be targeted to the content of the information on this Site or other information which we may hold about you;
9.1.4. if at any time you opt-out of receiving such newsletters or other direct marketing, then we may close your account under which you have been receiving our services free of charge.
9.2. The manner, mode and extent of advertising on our Site is subject to change without specific notice to you.
9.3. The advertisers are responsible for ensuring that material submitted for inclusion on this Site complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising material.
10. USER CONDUCT AND CONTENT STANDARDS
10.1. These conduct and content standards apply to any and all content, material and comments you upload to, display on, or distribute or otherwise publish through, the Site (“User Content”) and your use of the Site.
10.2. You must not upload, post, email or otherwise transmit any User Content that:
10.2.1. is libellous, defamatory, obscene, abusive, or otherwise violates any law;
10.2.2. infringes any patent, trademark, database right, trade secret, copyright or other proprietary right of any party;
10.2.3. you do not have the right to transmit under any law or contractual relationship (such as confidential information);
10.2.4. contains any unsolicited or unauthorised advertising, promotional materials, solicitation of funds, spam, chain letter, junk mail or any other form of solicitation for goods or services except in those areas that are clearly designated for such purpose;
10.2.5. contains viruses or any other code, files or programs designed to damage, interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
10.2.6. is pornographic, sexually explicit or obscene.
10.3. User Content must not:
10.3.1. be likely to deceive any person or made in breach of any legal duty owed to a third party or promote any illegal activity;
10.3.2. be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that it emanates from us, if this is not the case;
10.3.3. advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
10.4. You shall be civil and show respect for other users. You shall not interfere with another’s enjoyment of the Site. You may not target another to cause distress, embarrassment, unwanted attention or other discomfort or invade another’s privacy.
10.5. Whilst we encourage lively discussion in our Site’s blogs and forums, personal attacks are not allowed. Under no circumstances must you attack a person based on the person’s race, national origin, ethnicity, religion, gender, sexual orientation, disability, age or other identification.
11. SUSPENSION AND TERMINATION
11.1. Failure to comply with these Terms of Use and, in particular, our conduct and content standards set out in paragraph above constitutes a material breach of the terms upon which you are permitted to use our Site, and may result in our taking all or any of the following actions at our discretion:
11.1.1. immediate, temporary or permanent withdrawal of your right to use our Site;
11.1.2. immediate, temporary or permanent removal of any posting or material uploaded by you to our Site;
11.1.3. issue of a warning to you;
11.1.4. legal action against you including proceedings for reimbursement of any and all damages and costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
11.1.5. disclosure of such information to law enforcement authorities or third party complainants as we reasonably feel is necessary or required;
11.1.6. disclosure of your identity to any third party who is claiming that any material posted or uploaded by you to our Site violates their intellectual property rights, right to privacy or other legal rights.
11.2. The responses described in this clause are not limited, and we may take any other action we reasonably deem appropriate.
12. COMPLAINTS
12.1. If you wish to complain about any User Content posted to our Site, please contact us at complaints@BritishInformation.com. We will then review your complaint and decide whether the User Content complies with our Terms of Use and, in particular, our conduct and content standards set out in paragraph above. If not, we will deal with the matter as described in paragraph above. We will inform you of the outcome of our review within a reasonable time of receiving your complaint.
13. USER CONTENT LICENCE
13.1. We do not claim any ownership rights in your User Content. After posting your User Content to the Site, you continue to retain all ownership rights in such User Content and you continue to have the right to use your User Content in any way you choose.
13.2. By posting any User Content on or through the Site, you grant us a perpetual, royalty free, worldwide, sub-licensable, non-exclusive, irrevocable licence to use, reproduce, distribute, perform, display, electronically transmit and exploit in any way the User Content, and create derivative works based on the User Content.
13.3. You agree that you have the full power and authority to grant the licence in paragraph .
13.4. We may sublicense any and all of the rights licensed under paragraph to third parties including any of our associated companies, advertising networks of our distribution partners and third-party service providers.
13.5. You agree to waive any moral rights you have in User Content (including the right to be identified as the author) so that we may adapt and exploit the User Content freely and without restriction.
13.6. You acknowledge that the User Content is free from any obligation of confidence or similar restriction.
13.7. We may display advertisements relating to or in connection with your User Content and use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on websites and advertising networks of our distribution partners and third-party service providers.
14. GENERAL PRACTICES REGARDING USE AND STORAGE
14.1. You agree that we may establish general practices and limits regarding use of the Site and the services available through the Site, including without limitation the maximum number of days that email messages, postings or other content will be retained by us, the maximum number of email messages that may be sent by or received by an account and the maximum size of messages.
14.2. You agree that we will not be held responsible or liable for the deletion or failure to store any messages, communications or other content maintained or transmitted by or under your account.
14.3. You agree that we may terminate accounts that are inactive for more than six months. You will not be able to recover any data on a deactivated account.
15. LINKS
15.1. This Site may provide, or third parties may provide, links to other websites or resources. We have no control over such websites and resources and you agree that we are not responsible for the availability of such external websites or resources and are not liable for the content found at such websites or resources.
16. INTERNATIONAL USE16.1. We make no promise that materials on our Site are appropriate or available for use in locations outside the United Kingdom, and accessing our Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access our Site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
17. SUPPORT AND COMMUNICATIONS
17.1. You are using this Site at your own risk and we are under no obligation to provide you with any technical support or to correct any errors, although we reserve the right to do so. If you experience any difficulty using our Site you can contact us by email to support@BritishInformation.com and we shall endeavour to respond to your enquiry.
18. WARRANTY DISCLAIMER
18.1. We provide this Site and the services available through it, on an “as is” and “as available” basis with all faults. To the maximum extent permitted by law, we disclaim any and all implied conditions and warranties that this Site and the services available through it are of satisfactory quality, accurate, fit for a particular purpose, or non-infringing. We do not guarantee that you will be able to access or use this Site and the services available through it at times or locations of your choosing.
18.2. We have no special relationship with or fiduciary duty in respect of any of the third party sites you find through our Site (“Partner Sites”) and make no commitment to screen, edit, monitor, or censor any content transmitted or received via the Partner Sites (“Partner Site Content”). You acknowledge that we have no control over, and no duty to take any action regarding: what information you access via the Partner Sites; what effects the Partner Site Content may have on you; how you may interpret or use the Partner Site Content; or what actions you may take as a result of having been exposed to the content.
18.3. We make no representations concerning any content (including User Content and Partner Site Content) contained in or accessed through our Site and such content is provided on an “as is” basis. Accordingly, we do not represent or warrant that such content or information is accurate, complete, current and not misleading and we therefore disclaim all liability (whether arising in contract, tort or otherwise) and responsibility arising from any reliance placed by you on this content or information.
18.4. We make no guarantee that the information stored on our equipment is secure and, accordingly, we will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on our equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Site.
19. LIABILITY
19.1. To the maximum extent permitted by law, we will not have any liability to you (whether in contract, tort (including negligence) or otherwise) in connection with this Site and the services available through it or your use of or inability to use it or them. You agree that this is fair taking into account the fact that this Site and the services available through it are provided free of charge.
19.2. Nothing in these Terms of Use shall exclude or limit any liability which cannot be excluded or limited under applicable law.
20. INDEMNITY
20.1. You shall indemnify and hold us harmless from all liabilities, claims and expenses that arise out of the User Content you submit, post or transmit via our Site, or from your use or misuse of this Site or the use or misuse by any person for whom you are responsible or from your breach of these Terms of Use.
21. TERMINATION
21.1. We may, in our absolute discretion, terminate your access to all or part of the Site and the services available through it with or without notice. Upon such termination or suspension you may be denied access to any information you have stored through our Site and this may not be retrieved later.
21.2. We therefore recommend that you keep a copy of any information or User Content you store through our Site, if you want to be able to permanently access such information or User Content.
22. MISCELLANEOUS
22.1. These Terms of Use constitute the entire agreement between us for the use of our Site and the services available through it.
22.2. If we do not exercise or enforce any legal right or remedy which may be available to us, this will not be taken to be a formal waiver of our rights.
22.3. If any part of these Terms of Use shall be unlawful or unenforceable for any reason, this shall not be affect the remainder of these Terms of Use and that part shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.
22.4. In the event that we are acquired by, or merge with, a third party, we may transfer any or all of our rights and obligations under these Terms of Use to that third party or the newly merged entity. We may also transfer any or all of our rights and obligations under these Terms of Use in the event of a corporate group re-organisation to any member within our group of companies.
22.5. All legal notices in relation to this Site or these Terms of Use should be given in writing and addressed to Stem Distribution Limited, 34-36 St Georges Road, Brighton BN2 1ED.
22.6. These Terms of Use shall be governed by and construed in accordance with the laws of England and Wales. In the event of any dispute arising in relation of these Terms of Use or in relation to our Site or the provision of any services by us the English courts will have exclusive jurisdiction over such dispute although we retain the right to bring proceedings against you for breach of these Terms of Use in your country of residence or other relevant country.
Last updated on January 08th, 2011
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