These website terms and conditions (the "Terms") are the terms on which Notting Hill Media Limited operates this website. By accessing this Website You agree to be bound by these Terms.
| 1. | INFORMATION ABOUT US/ GENERAL INFORMATION | ||
| 1.1 | We are Notting Hill Media Limited, a company registered in England and Wales under registration number 3937009 and our address is 1 Lyric Square, London, W6 0NB, UK ("We"/ "Us"/"Our"). | ||
| 1.2 | If You have any questions, complaints or comments on this Website then You may contact Us on [email protected]. | ||
| 1.3 | Our VAT number is 752672909. | ||
| 1.4 | We operate a number of Websites (each a “Website” and together the “Websites”) as follows:
We grant You a non-exclusive license to use our Websites upon the following Terms. By accessing our Websites You agree to be bound by these Terms. |
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| 2. | REGISTRATION, PASSWORDS AND SECURITY | ||
| 2.1 | The details provided by You when You register are important. You must ensure that they are accurate and, as far as possible, complete. In particular, You must not include information which You know is incorrect or ought to know is incorrect. | ||
| 2.2 | When You register, You will be asked to select a password and submit Your email address which will be used as a user I.D.. These will enable You to access the Website and choose how You use the Website. | ||
| 2.3 | You are entirely responsible for all activities under Your user ID and password, including, but not limited to any failure to keep the user ID and password confidential for these purposes. You must immediately notify us of any unauthorised use of Your user ID or password or any breach of security known to You. | ||
| 2.4 | Registration on the Website is specific to the company, unincorporated business or individual who has completed the registration form. You may not transfer Your registration to the Website to any third party without Our consent; nor may you impersonate or try to impersonate anyone else’s account. If you think that someone else may have access to, or be using your password or account, you must tell us as soon as possible by emailing [email protected]. | ||
| 2.5 | We reserve the right to refuse registration or withdraw registration on the Website and Your usage of the Website at any time to any company, business or other organisation or individual for any reason. | ||
| 3. | ONLINE SALES ENQUIRIES | ||
| 3.1 | After You have made initial contact with a supplier through Us You may negotiate with them directly and ask any questions You have. When You buy, You do so directly from the supplier and any contract You have will be with the supplier. | ||
| 3.2 | We have no control over the suppliers and will not be responsible for the products or services which they supply or the way in which they behave. In particular, We have no responsibility if the supplier provides faulty goods, fails to deliver or provides bad service. | ||
| 3.3 | You should treat suppliers introduced to You through Us in the same way as You would any other. If You have any suspicions about the supplier You should not buy from them. | ||
| 3.4 | Although We will not be responsible in relation to them, if You have any problems with a supplier introduced to You through Us, please let Us know. | ||
| 4. | COPYRIGHT/COPYRIGHT LICENCE | ||
| 4.1 | All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on the Website and all content (including all applications) located on the Website shall remain vested in Us. The names, images, and logos identifying Us and our affiliates or third parties and their products are subject to Our or third parties copyright, design rights and trademarks. Nothing contained in these terms shall be construed as conferring any licence or right to use any trademark, design right or copyright all of which belong to Us. | ||
| 4.2 | Your use of the Website and its contents grants no rights to You in relation to Our intellectual property rights including, without limitation, the HTML, designs, programming, trademarks, logos, graphics, photographs, animations, videos and text or the intellectual property of third parties in the Website and its contents. | ||
| 4.3 | You may not, without limitation, copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, disassemble, decompile, reverse engineer, communicate to the public or distribute in any way the services, web pages or materials on the Website or the computer codes of elements comprising the Website other than for Your own personal use. You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Subject to the above, You may download insubstantial excerpts of this content to Your hard disk for the purpose of viewing it provided that no more than one copy of any information is made. | ||
| 4.4 | Any use other than that permitted under this clause 4 may only be undertaken with Our prior express authorization. | ||
| 4.5 | You acknowledge that any use or disclosure by You of the information on the Website, other than as permitted by these Terms, could cause injury to Us and that monetary damages will not be an adequate remedy. If You breach or threaten to breach the provisions in this clause, We shall be entitled to injunctive relief in any court of competent jurisdiction and You shall compensate Us for any loss, damage, costs, claims, demands or liabilities arising directly or indirectly out of the breach. | ||
| 5. | THIRD PARTY CONTENT AND LINKS TO AND FROM OTHER WEBSITES | ||
| 5.1 | You may establish links to the Website provided: (a) You do not remove or obscure, advertisements, the copyright notice or other notices on the Website; and (b) You immediately stop providing links to the Website if notified by Us. You may not “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our express prior written authorization. | ||
| 5.2 | We may provide links to other websites from time to time (via advertising or otherwise). These links are provided for Your ease of reference and convenience only. We do not control such third party websites or for other third party content appearing on the Website (including, for example, comments posted by users and the content of advertisements and are not responsible for, endorse or necessarily agree with their contents. Our inclusion of links does not imply any endorsement of the material contained in such websites or any association with their operators. You acknowledge that We will not be party to any transaction or contract with a third party that You may enter into and We shall not be liable to You in respect of any loss or damage which You may suffer by using those websites. You agree that You will not involve Us in any dispute between You and the third party. | ||
| 6. | YOUR USE OF THE WEBSITE/ VISITOR MATERIAL AND CONDUCT | ||
| 6.1 | By using our Website and/or by submitting or making available information, text, photos, graphics, software, code, video, audio or other content to Us (your “Content”), You grant Us a royalty free, perpetual, irrevocable, non-exclusive, transferrable and fully sub licensable, worldwide right to use such Content at Our own discretion on the Website and in any other media worldwide (including, without limitation, the right to edit, copy, reproduce, disclose, translate, distribute, post and remove such Content from the Website or any other material associated with the Website) and to attribute such Content to you, or not, as we may decide in our sole discretion. By submitting your Content you warrant and confirm that: | ||
| 6.1.1 | You will not use the Website in any way that may lead to the encouragement, procurement or carrying out of any criminal activity; | ||
| 6.1.2 | You will not use the Website for any purpose other than Your personal use; | ||
| 6.1.3 | You will not email, transmit or otherwise disseminate any content which is defamatory, obscene, in breach of copyright, vulgar or indecent or may have the effect of being harassing; threatening, abusive or hateful or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability; | ||
| 6.1.4 | You will not advertise or promote third party or Your own products or services including by way of the distribution of 'spam' email; | ||
| 6.1.5 | You will not transfer files that contain viruses, trojans or other harmful programs; | ||
| 6.1.6 | access or attempt to access the accounts of other users or penetrate or attempt to penetrate the Website security measures. | ||
| 6.1.7 | your Content is your own work; | ||
| 6.1.8 | your Content is not defamatory, malicious, false or misleading; | ||
| 6.1.9 | your Content is not offensive, abusive, discriminatory, blasphemous or racist, indecent, obscene or of a sexual nature; | ||
| 6.1.10 | your Content does not infringe any laws, intellectual property rights or breach any confidentiality or a person’s privacy; | ||
| 6.1.11 | you have the right to give Us permission to use your Content for the purposes specified above and that all necessary rights, consents, licenses, clearances and waivers in relation to such Content have been obtained by you and that you will be solely responsible for any and all payments due to third parties if any as a result of such publication by Us; | ||
| 6.1.12 | the Content will not prejudice any active legal proceedings of which you are aware; | ||
| 6.1.13 | the Content is not likely to cause someone alarm, anxiety or distress; or encourage violence or racial or religious hatred; | ||
| 6.1.14 | to the extent permitted by law you waive your moral rights in your Content; | ||
| 6.1.15 | You must not include links on the Website to any other websites or webpages; | ||
| 6.1.16 | The Content does not violate any local. State, national or international law including, without limitation, the regulations of the US Securities and Exchange Commission (SEC) or any rules of any other security exchange including but not limited to the New York Stock Exchange, the NASDAQ or the London Stock Exchange. | ||
| 6.1.17 | You agree to observe and follow the House Rules. | ||
| 6.2 | Other than personal data the use of which is covered by our Privacy Policy, any material You transmit to or post on the Website will be considered non-confidential and non-proprietary and We shall not be subject to any restrictions or obligations with regard to it. | ||
| 6.3 | We reserve the right to suspend, restrict or terminate Your registration and/or your access to this Website at any time without notice at Our discretion. Where we do so you must not attempt to re-register and/or resubmit content (eg using another’s registration) without our prior consent. | ||
| 6.4 | If you see something that you believe breaches these terms of use then please report such alleged abuse to us at [email protected]. |
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| 6.5 | We reserve the right to alter the content of the Website or the availability to You of the Website at any time at Our discretion. | ||
| 6.6 | The Website may contain discussion forums, chat rooms and communication boards and other forums where you and/or third parties may post reviews, materials, messages and ideas (“Interactive Areas”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. | ||
| 7. | YOUR LEGAL OBLIGATIONS/ YOUR WARRANTIES | ||
| 7.1 | You warrant that: | ||
| 7.1.1 | all information and details provided by You to Us (including on registration) are true, accurate and up to date in all respects and at all times (note that You can update or correct Your personal details at any time by amending Your Account details); | ||
| 7.1.2 | You will not use the Website in a way which causes or is likely to cause the Website to be interrupted, damaged or impaired in any way, and you will use the Website for lawful purposes only; | ||
| 7.1.3 | You will be responsible for all messages received by or sent from Your computer or sent by us on Your behalf to any supplier; you will be responsible for ensuring that any information or queries which You ask us to pass on to any supplier are accurate and not in any way defamatory; and | ||
| 7.1.4 | You undertake to comply with the restrictions on Your use of the Website as set out in these Terms. | ||
| 7.2 | You agree to indemnify and hold Us harmless from any loss, claim, damages and expenses (including any legal fees in relation to such claim or damages) made by a third party in respect of any matter in relation to or arising from Your use of the Website including any breach or suspected breach of these Terms or Your violation of any law or the rights of a third party. | ||
| 8. | OUR LEGAL OBLIGATIONS AND LIMITS ON LIABILITY | ||
| 8.1 | Nothing in these Terms shall exclude or limit Our liability for fraudulent misrepresentation or for death or personal injury resulting from Our negligence or the negligence by Us, Our employees or agents. | ||
| 8.2 | We do not accept any liability for damage to Your computer system or loss of data that results from Your use of the Website and We cannot guarantee that any files that You download are free from viruses, contamination or destructive features. | ||
| 8.3 | Whilst We use reasonable endeavours to correct any errors or omissions or out-of-date information once they have been brought to Our attention, We do not warrant that the information on the Website itself will be free from errors or omissions or out-of-date information. | ||
| 8.4 | We do not warrant that the Website will be available uninterrupted and in a fully operating condition. | ||
| 8.5 | Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond Our control. | ||
| 8.6 | All content and services on the Website are provided on an 'as is' and 'as available' basis. We do not make any representation or give any warranty (whether express or implied) in respect of the Website or its content, including, without limitation, any advice given (on a personal or general basis) and statements made by advertisers on or via the Website or any Content, statements or representations provided by you or third party users on the Website and/or in Interactive Areas. We (including our parent company and affiliates) disclaim all warranties and conditions that this Website, its servers or any email sent from our group companies are free of viruses or other harmful components. To the maximum extent permitted under applicable law We hereby disclaim all warranties and conditions with regard to this information, software, products and services including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. Any decisions or action taken by You on the basis of information provided on or via the Website are at Your sole discretion and risk and You should obtain individual professional advice where necessary. | ||
| 8.7 | We (including our parent company and affiliates) do not warrant, represent or endorse the accuracy or reliability of any of the information (including, without limitation, prices), content, logos, pictures or advertisements displayed on or accessible from or via the Website, nor the quality or suitability of any products or services, displayed, purchased or obtained by You as a result of using the Website or any other information or offer on or in connection with the Website or Us. All prices listed on the Website have been provided by third parties and are to be used as general guides and for information purposes only. | ||
| 8.8 | Our liability to You in tort, contract, negligence, pre-contract or other representations or otherwise arising out of or in connection with these Terms or Your use of the Website, to the extent not excluded under clause 8.9 below, shall be limited in aggregate to the sum of £250. | ||
| 8.9 | We shall not be liable in contract, tort (including negligence) or for breach of statutory duty or in any other way for: a) any loss arising from or in connection with loss of revenues, profits, contracts, or business or failure to realise anticipated savings; b) any loss of goodwill or reputation; c) any indirect or consequential losses, d) loss of data; e) loss of third parties or f) incidental, exemplary or punitive damages, in each case suffered or incurred by You arising out of or in connection with any matter under these Terms or Your use of the Website. | ||
| 8.10 | You will not under any circumstances be entitled to injunctive relief in relation to these Terms or Your use of the Website. | ||
| 8.11 | We will co-operate with any law enforcement authorities or court order requesting or directing Us to disclose the identity of or locate anyone breaching clause 8.1 or otherwise for the prevention or detection of crime or the apprehension or prosecution of offenders. There may be other circumstances in which We may be required by law to disclose information about You or Your use of the Website. | ||
| 9. | SECURITY AND PRIVACY | ||
| You must read Our Privacy Policy which contains important information about the use of Your personal data and other information regarding Your privacy. | |||
| 10. | CHANGES TO THESE TERMS AND CONDITIONS | ||
| We are constantly looking for new ways to improve this Website. We therefore reserve the right to amend these Terms at any time. All such changes will take effect once they have been posted on the Website and You will be deemed to have accepted any such changes by Your use of the Website from such time. | |||
| 11. | SEVERANCE | ||
| Each provision of these Terms shall be constructed separately and independently of each other and the invalidity of any one part shall not affect the validity of any other part. | |||
| 12. | GOVERNING LAW AND JURISDICTION | ||
| These Terms shall be governed by the laws of England and You agree to submit to the exclusive jurisdiction of the Courts of England and Wales. | |||
These Terms were last updated in April 2018.
Copyright © Notting Hill Media Limited 2018, all rights reserved