PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS OUT THE TERMS UNDER WHICH SCOTTISH &
UNIVERSAL NEWSPAPERS 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 Scottish & Universal Newspapers Limited, a company
incorporated in Scotland, whose registered office is Campbell Street, Hamilton, Ml3 6AX
("Scottish & Universal Newspapers").
1. Interactive Services
- 1.1
- Scottish & Universal Newspapers Limited 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 Scottish & Universal Newspapers Limited as a party and Scottish & Universal Newspapers Limited 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 Scottish & Universal Newspapers Limited 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 Scottish & Universal Newspapers Limited 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 Scottish & Universal Newspapers Limited 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
Lennox Herald 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
Lennox Herald, 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
Scottish & Universal Newspapers Limited 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 Scottish & Universal Newspapers Limited, 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
Scottish & Universal Newspapers Limited 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). Scottish & Universal Newspapers Limited 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, Scottish & Universal Newspapers Limited
shall have
the right to remove any items it believes may be illegal.
- 2.7
- Scottish & Universal Newspapers Limited 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, Scottish & Universal Newspapers Limited does not promise
full and
error free operation of the Sites and/or the Interactive Services at all times. All liability
of Lennox Herald, 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
- Scottish & Universal Newspapers Limited 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, Scottish & Universal Newspapers Limited 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 Scottish & Universal Newspapers Limited is unable to exclude such liability by law).
4. Registration
- Where you are asked to complete a Scottish & Universal Newspapers Limited 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 Scottish & Universal Newspapers Limited and companies
in the
same group as Scottish & Universal Newspapers Limited (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 Scottish & Universal Newspapers Limited, from companies in the same group as Media Wales
Limited 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 Scottish & Universal Newspapers Limited or companies in the same group as Media Wales
Limited or
no longer wish us to pass your information to third parties you should again notify us by
e-mail.
- 5.3
- Scottish & Universal Newspapers Limited 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 Scottish & Universal Newspapers Limited 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 Scottish & Universal Newspapers Limited. 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
- Scottish & Universal Newspapers Limited may permanently terminate your access to the
Interactive
Services immediately for any reason.
8. Claims
- Where a claim is brought against Scottish & Universal Newspapers Limited by a third party in
relation to
your use of the Sites and/or the Interactive Services you agree to fully reimburse Media Wales
Limited and all companies within the Scottish & Universal Newspapers Limited group for all losses, costs, actions,
claims, damages,
expenses (including reasonable legal costs and expenses) or liabilities, whatsoever suffered or
incurred
by Scottish & Universal Newspapers Limited or companies within the Scottish & Universal Newspapers Limited 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 Scottish & Universal Newspapers Limited's
prior written
consent.
- 11.2
- Scottish & Universal Newspapers Limited 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 Media Wales
Limited 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
- Scottish & Universal Newspapers Limited 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 Scottish & Universal Newspapers Limited, you should
be aware
of the following terms and conditions.