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IMPORTANT NOTICE: YOU MUST CAREFULLY READ AND THEN AGREE TO THE TERMS AND CONDITIONS SET OUT BELOW BEFORE ACCESSING AND USING THE SITE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.
Welcome to the Local Berkshire website (the "Site") owned and made available by Berkshire Media Group Ltd., Pitreavie Business Park, Dunfermline, Fife KY11 8QS (referred to in these Terms and Conditions as "we" and "us"). The Terms and Conditions form part of an agreement between you, the end-user, and ourselves and sets out the conditions under which you may access the information, products, services and advertisements (the "Material") available through the Site. By accessing, viewing or using the Material on the Site you have indicated to us that you both understand and agree to be bound by these Terms and Conditions.
We reserve the right to amend these Terms from time to time. Any such amendment will be applicable to all persons accessing the web site once the revised Terms have been posted on the website. You should therefore check the website from time to time to review the current Terms.
We do not actively moderate, monitor or edit contributions to the community forums, reader comments or blogs, but we may intervene and take such action as we think necessary. If you have any concerns over the contents on our site, please either register those concerns as the community and comment tool permits or contact us by email to: or telephone 0118 950 3030 during office hours.
Competitions, promotions, prize draws or reader offers of all kinds are subject to additional terms and conditions. Our general rules of entry can be found HERE. Individual terms may also apply and these will be set out or made available with the details of the promotion/offer.
Our Terms and Conditions of Acceptance of Advertisements are set out HERE.
No Warranty and Disclaimer for Loss/Damage
The Site is provided on an "as is" and "as available" basis and in particular:
- We are not liable for any loss or damage, howsoever arising, from contributions to the website and its community by other parties, your use of this site or inability to use this site, or any errors and omissions on this site, whether in contract, tort or otherwise and whether such loss or damage is foreseen or foreseeable. This includes but is not restricted to indirect, consequential, special or exemplary damages, loss of business, loss of profit, loss of revenue, loss of opportunity, loss of reputation, loss of data and loss suffered by third parties. This does not exclude our liability for fraud, or for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited by law.
- We make no representations and give no warranties with regard to the quality, suitability, reliability, compatibility, accuracy, non-infringement or completeness of the contents of this website, and any implied warranties are excluded to the extent permitted by law. It is your sole responsibility to check the accuracy of any facts and opinions given on this website before entering into any commitment based upon them.
- We do not warrant that this website, the server that supplies it or any other of our systems will be uninterrupted or free of errors, viruses or bugs and we shall not be liable if this site is inaccessible at any time. Access may be suspended temporarily without notice for technical reasons or for reasons over which we have no control.
- We accept no liability with respect to any of the products, information, material or services offered or provided by other organisations listed on, or linked to, this Site, nor do we endorse any of those organisations or any of their products or services. Should you decide to contract with any of these organisations, the contract will be directly between you and the relevant organisation. We will have no contractual involvement, and will not be liable in contract or otherwise for any products, information, materials or services provided to you by any of these organisations.
- Any web sites to which you link through the Site (including, without limitation, any web site provided by a third party but co-branded web site) are independent of the Site and we have no control over them and accept no liability in respect of your use or inability to use them or any of the content of such web sites.
- The contributions to the website and its community forums, reader comments and blogs are the statements and views of the contributors and not of us or any of our connected companies, directors' employees or shareholders.
- We do not, as a matter of course, actively moderate, monitor or edit the contributions to the website and its community.
Limitation of Liability
Except for death or personal injury arising from our negligence, we shall not be liable for any direct, indirect or consequential loss or damage (including without prejudice to the foregoing generality, any lost business opportunities, loss of profit or goodwill) arising from or in any way connected with the Site, or your inability to use the Site.
Use of the Web Site
You warrant agree and undertake with us:
- not to use the Site for any unlawful purpose;
- that you shall not make any use of the Site so that the Site is interrupted, damaged, rendered less efficient, or the functionality of the Site is in any way impaired; in particular that you shall not run any automated scripts on any part of the site without our express authorisation;
- not to use the Site for the transmission or posting of any computer viruses or any material which is defamatory, offensive, abusive, or of an obscene, harmful or menacing character, or which may cause annoyance, inconvenience, harassment, alarm or distress;
- not to use the Site in a manner which constitutes a violation or infringement of the law or the rights of any person, firm or company (including but not limited to rights of copyright or confidentiality);
- that you shall not use the Site to transmit any material for the purposes of publicity, promotion and/or advertising without our prior written consent;
- that in the event that you may have any right, claim or action against any other user arising out of the use of the Site you shall pursue such right, claim or action independently of, and without recourse to, us; and
- that you will indemnify and defend us against all claims, liability, damages, costs and expenses, including legal fees, arising out of a breach of these Terms and Conditions or any use of the Material or the Site.
We shall have the right to immediately suspend your access to the Site if you commit a breach of these Terms and Conditions.
- The design, images and content of the Site are, unless otherwise stated, our property or our licensors' property.
- We provide Material on the Site solely for your personal use and the reproduction of the whole or any part of the Site, except for any temporary copies made necessarily in downloading the Site, for purposes other than private and personal use in accordance with the terms set out below, is prohibited, as is distributing, displaying or copying the Site.
- No part of the Site can be reproduced on, transmitted to or stored on any other web site or other form of electronic retrieval system, nor may any part of the site be accessed in such manner as to make it appear part of any third parties web site without our prior written consent.
- You acknowledge that all rights, including copyright and database rights, for any content on the website (including Berkshire Media Group Ltd. trade names and logos) or which is submitted by you belong to us or are licensed by you to us as set out in Clause 7 below. You may read and contribute to the website and its communities, comments and blogs for your own private purposes but not for any advertising or other commercial purpose (which includes junk mail, spam, chain letters, pyramid schemes or any other form of solicitation or commercial exploitation).
- For private purposes only, you may download and use reader-generated content on a single PC and you may print out (but not photocopy) one hard screen copy of contributions to the website and its communities, comments or blogs for your personal non-commercial use only.
- You may not otherwise copy, store, distribute, publish, broadcast, transmit, show in public, create a database (in electronic or any other medium) from downloaded materials or otherwise use any part of this website without our written permission, except that you may reproduce reasonable extracts of any contribution to the website and its community, comments and blogs without our prior permission for your won private non-commercial purposes provided that you deal fairly with the material and you properly accredit any original work to its author and the name of this site.
When seeking access to parts of the website, such as community forums, reader comments or blogs, you may be asked to register if you want to submit a contribution. You must then supply certain details if requested, such as your email address and a password. If you are under 16 you must get the consent of a parent or guardian before registering.
You can only access the registration areas of the site if:
- your email address and password (if requested) are personal and may not be used by anyone else to access the site;
- you do not do anything to allow anyone who is not a registered user to access any registration area of the site;
- you do not create additional registration accounts which may cause disruption or abuse of the site; and
- you do not supply us with false or misleading information or pass yourself off as another user.
If we believe that you have not complied with these requirements, we may cancel your access to the site immediately and without notice.
Material Posted or Submitted by You
You are legally responsible for material you post or submit and you understand that by doing so you intend it to be published on the website. Such material may include without limitation words, artwork, pictures (still or moving) and sound. By posting or submitting any material to the Site, you give us free of charge the non-exclusive, sub-licensable right to edit, delete, copy, translate, create derivative works from, publish, broadcast, transmit, distribute, perform, make available to the public or otherwise use and re-use material contributed by you (or not use it) on the website and its community forums, reader comments and blogs and associated publications, and in any other media (now known or later developed) worldwide for the full term of any rights that may exist in your contribution (including any renewals or extensions) and you waive any moral rights in your contribution for these purposes.
By publishing or posting material on this website, you warrant to us that:
- Any material posted or submitted by you for publication does not infringe the law or the rights of any individual, corporation or organisation, including but not restricted to any rights of copyright or other intellectual property rights, confidentiality or privacy rights, and you have obtained any necessary permissions and consents for its use on the Site and subsequently by us in accordance with Paragraph 2.c above.
- The material is your own original work or you have the right to make it available to use for the purposes in Clause 7 above.
- No material posted or submitted by you for publication is defamatory, offensive, harmful, abusive, obscene, indecent, threatening or likely to cause annoyance, harassment, alarm or distress nor otherwise breach or affect the rights of any third party. For the avoidance of doubt, unacceptable content which would breach these terms and conditions includes but is not restricted to: comment which cannot be justified is unfair or is not based upon true facts; purported statements of fact which are untrue or unprovable; statements breaching an individual's privacy; statements which may prejudice a court case; images or statements which are obscene, pornographic or illegal; statements which are offensive on grounds of race, religion, creed, colour or which may incite hatred or disrespect towards any third party or group; statements which breach the criminal law, whether or not known to be illegal; statements which may breach professional ethics or standards.
- You acknowledge and agree that that we only provide access for use of the community forums, blogs, message boards or other registration areas of the Site and that we do not act as publishers of any of the material posted there. You understand and accept that we do not review, edit, moderate or amend material before it is posted.
You indemnify and will keep indemnified Berkshire Media Group Ltd., its holding companies and subsidiaries of Berkshire Media Group Ltd. or any of its holding companies, together with their respective directors, employees and shareholders, from and against all claims, actions, proceedings, liabilities, losses, damages, expenses and costs (including legal costs) arising from any breach of these Terms by you or from the publication of any posting or submission whatsoever contributed by you or on your behalf. We reserve the right to take over the exclusive defence of any claim, action or proceeding for which you shall be financially responsible, and for which we are entitled to indemnity from you. In such event, you shall provide us with all co-operation as may reasonably be requested by us.
By using this Site, you agree that we may collect, hold, process and use your information (including personal information) for the purpose of providing you with the Site services and developing our business which shall include (without limitation):
- Verifying your identity (for example when you return to the Site).
- Personalising your visits to the Site and developing the design and style of the Site to improve the services provided to you.
- Informing you about the latest changes to the Site, or products, services or promotional offers that you might find interesting.
- Dealing with, and responding to you about a comment you have submitted for or on our message boards, blogs and other such user generated content facilities.
- Communicating (and personalising such communication) with you including informing you if you have been successful in any Site competitions or promotions.
- Compiling customer reviews.
- Conducting market research.
- Carrying out statistical, technical and logistical analysis.
By using the Site, you agree that we may disclose your personal information to any company within Berkshire Media Group Ltd. group of companies.
Subject to Clause 10(b) below, but otherwise with your consent, we may also supply personal information about you to third parties.
Our site is accessible via the Internet and so may potentially be accessed by anyone around the world. This means that, where you choose to post your data on the site, this could be accessed from anywhere around the world including outside the European Economic Area. We have no control over such access or use.
Cancellation or Suspension
- We can suspend or cancel this agreement and your ability to use the website and its community forums, reader comments and blogs with immediate effect at any time for any reason, including but not restricted to your serious or repeated breach of these Terms or any conduct in connection with your use of this site that we consider inappropriate or disruptive or serious or persistent. We will notify you of such termination at your registered email address and invalidate your access to the site.
- If we find your use of this site seriously inappropriate, offensive or disruptive, we may use information we have about you to stop such conduct, and this may include informing relevant third parties such as your employer, school, email provider or, at our sole discretion, the police or other appropriate regulatory or enforcement bodies.
Jurisdiction and Severance
- These Terms & Conditions shall be governed by and interpreted in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
- If any of these terms are determined to be illegal, invalid or otherwise unenforceable by any court then, to the extent to which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and the remaining terms shall remain in full force and effect.