1.
General
1.1 These are the general terms and conditions for access and use of
this website: www.everygeneration.co.uk ("Website) which is owned
by Every Generation Media Limited (referred to in these terms and conditions
as "Every Generation Media" or "we" or "our").
In the event of any queries or complaints, contact us at info@everygeneration.co.uk.
1.2 By accessing and using this Website, you are deemed to have accepted
these terms and conditions. Each time you access and use this Website
you are reconfirming your acceptance of these terms and conditions including
any changes. These terms and conditions are a legally binding agreement
between Every Generation Media and yourself. We reserve the right to
make any changes at any time to these terms and conditions by changing
them on this Website. You should print a copy of these terms and conditions
for your records.
1.3 If you are under 12, please do not submit any of your personal details
online to us or by using our services such as our message/notice boards
or chat rooms unless your parent or guardian has provided us with their
written permission. If you are under 12 and would like to ask us a question
or use any of our services which involves providing any of your personal
information, please ask your parent or guardian to send a letter giving
their permission. We will then take any action we deem necessary to
verify the permission. We reserve the right to reject any letters which
we do not believe to be authentic. Personal information means any information
from which you can be identified such as your name, your e-mail address
or your photograph.
1.4 You must be over 18 to use any services provided via this Website
which require payment.
2. Access to Our
Website
2.1 No warranties or representations are made by us that the operation
of this Website will be uninterrupted or error-free. We are not liable
for any losses or damage your incur as a result of using our Website.
2.2 We make no warranties or representations regarding the accessibility
or availability of this Website. We shall not be liable for the consequences
of any interruptions, errors or down time.
2.3 We reserve the right which can be exercised in our absolute discretion
at any time to block access to this Website by any user on a temporary
or permanent basis.
3. Your Conduct
You are required to use this Website and any services provided via this
Website (including without limitation, message boards) properly and
lawfully. You are required to comply with Every Generation Media Limited's
Conduct Policy [insert link to Conduct Policy] which forms part of this
agreement.
4. Content
4.1 You acknowledge that a substantial amount of the content, data,
material, photographs, comments, opinions, statements, or other information
("Content) on this Website has been provided by third parties over
which we have no control.
4.2 We make no warranties or representations as to the accuracy, reliability
or completeness of any Content on this Website.
4.3 Any use or reliance on any Content on this Website is at your own
risk and you are responsible for any such use or reliance. We disclaim
all liability for any use of any Content on this Website.
4.4 You warrant that any Content supplied by you:
(i) does not infringe anyone's intellectual property rights or any other
rights;
(ii) is not defamatory;
(iii) is not obscene or pornographic;
(iv) is not abusive;
(v) is not offensive; and
(vi) is not illegal in any way.
4.5 You warrant that you own all intellectual property rights, including,
without limitation, copyright, in any Content you supply, or that you
are legally authorised by the owners of the intellectual property rights
to use their Content.
4.6 You warrant that you will use this Website and our services properly
and lawfully. You are responsible for all Content that you supply, upload
or post on our message/notice boards or publish on our Website.
4.7 Failure to comply with any of the warranties in this clause 4 may
result in access to the Website being blocked and the supply of our
services and this agreement being terminated.
4.8 We reserve the right which can be exercised in our absolute discretion
to remove any Content from the Website without any liability for the
consequences of exercising this right.
5. Privacy Policy
We shall deal with any personal data you provide in accordance with
the Data Protection Act 1998 and Every Generation Media' Privacy
Policy
6. User Activities
You acknowledge that we have no responsibility or control over the activities
of you or other users in relation to use of this Website.
7. Disclaimer, Liabilities and Indemnities
7.1 To the fullest extent permitted by law, all implied warranties,
representations and conditions are excluded from these terms and conditions.
7.2 We are not responsible for the accuracy, reliability or completeness
of any Content on our Website. We do not endorse any Third Party Content.
7.3 No content or any part of this Website is intended to be or construed
as advice. We are not liable for any actions you may take or if you
refrain to take any action based on any contents of this Website. If
you require advice you should obtain advice from a relevant professional
adviser.
7.4 We shall not be liable for any losses or damages arising out of
or in connection with your use of this Website including, without limitation,
for any loss of profit, loss of revenue, economic loss, indirect or
consequential loss incurred by you, howsoever caused, including by negligence
or breach of duty (whether statutory or otherwise) and whether or not
such losses or damages were foreseeable at the time you entered into
this agreement.
7.5 You shall fully indemnify us, our officers, employees and agents
against any claims, alleged claims, liabilities, losses damages or expenses
(including legal expenses) in relation to or arising out of your use
of the Website and our services, including, without, limitation, actual
or alleged infringement of any copyright, or any other intellectual
property rights and defamation claims.
7.6 You shall fully indemnify us, our officers, employees and agents
against any claims, alleged claims, liabilities, losses damages or expenses
(including legal expenses) in relation to or arising out of any breach
of the warranties in clause 4.
7.7 Nothing in this agreement shall:
(i) exclude liability for fraud;
(ii) exclude liability for personal injury or death due to negligence;
(iii) restrict or affect your statutory rights as a consumer.
8.Links
8.1 This Website contains links to other websites ("Third Party
Websites") which are owned and maintained by third parties. We
have no control over or responsibility for these third parties, the
contents of Third Party Websites or their activities. Linking of Third
Party websites to this Website does not constitute or imply an endorsement
of any Third Party Websites.
8.2 No links can be made to this Website without our prior written permission.
9. Intellectual
Property Rights
9.1 The contents of this Website are protected by copyright and/or database
right and/or trademarks and/or other intellectual property rights, and
are owned by us or the licensors/contributors of the contents. You can
read, print and download pages from this Website for your private non-commercial
use, but you cannot otherwise copy, redistribute or commercialize any
content in any way.
9.2 You shall indemnify us in full against any liabilities, damages,
losses, claims, costs and expenses which we incur due to alleged or
actual claims of infringement of third party intellectual property or
other rights arising out of any Content you have supplied which has
been uploaded onto, posted or published on or via our Website, including
without limitation, on message boards.
10. Licence
You grant us a non-exclusive royalty-free perpetual licence to reproduce
in any format or media and use for any purpose any of the Content you
supply which is uploaded onto, posted or published on our Website.
11. Notices
Any formal legal notices can be sent to the address shown below.
12. Assignment
You cannot assign any of your rights under this agreement.
13.Waiver
Failure by us to exercise or enforce any right in relation to these
terms and conditions shall not be deemed to be a waiver of that right.
14. Rights of
Third Parties
This agreement shall not confer and shall not purport to confer on any
third party any benefit or any right to enforce any term of this agreement
for the purposes of the Contracts (Rights of Third Parties) Act 1999.
15.Applicable
Law and Dispute Resolution
This agreement be governed and construed in accordance with the laws
of England and Wales, irrespective of the jurisdiction where you are
based . In the event of any dispute which arises out of or in connection
with this agreement, each party irrevocably submits to the exclusive
jurisdiction of the English courts for resolution of such dispute. The
place of performance of this agreement shall be England.
16. Entire Agreement
This agreement and any documents incorporated by reference herein constitutes
the entire agreement and understanding between Every Generation Media
and you regarding the access and the use of this Website and supersedes
all prior agreements and understandings. Nothing in this clause shall,
however, operate to limit or exclude any liability for fraud.
17. Company Information
Every Generation Media Limited is a limited liability company incorporated
under the laws of England and Wales. The registered office address of
Every Generation Media Limited is Unit 104 Coppergate House, 16 Brune
Street, London E1 7NJ. Company Registration No: 5154697
This agreement will not be filed. This agreement and all related transactions
will be concluded in English.
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