1. Acceptance Of Terms
This is a Website of Nutralian Publishing. When used by you, this Website
and any other websites operated by Nutralian Publishing and its group companies to
which this Website is linked, together with all associated servers
(“Servers”) and all of the functions on or in or available from this
Website or any other Site or the Servers (including, without limitation
all chat forums, bulletin boards or other forms of communication) is
subject to the following terms and conditions ("Terms and Conditions")
and any other terms and conditions contained on, in or available through
a Nutralian Publishing Site.
2. Content
The copyright in the material contained on, in, or available through
this Website or any other Nutralian Publishing Site or Server excluding the Content
(as defined in paragraph 3) but including all other information, data,
text, music, sound, photographs, graphics, video messages or other
materials and the selection and arrangement thereof, and all source
code, software compilations and other material (“Material”) is owned by
or licensed to Nutralian Publishing or its group companies. All rights are
reserved. You do not have any right, interest or title in or to the
Material unless otherwise expressly indicated.
The trademarks, service marks, and logos (“Trade Marks”) contained on or
in this Website or any other Nutralian Publishing Site or Server are registered and
owned by or licensed to Nutralian Publishing or its group companies. Save as
expressly stated, you do not have any right to use, copy, edit, vary,
reproduce, publish, display, distribute, store, transmit, commercially
exploit or disseminate the Trade Marks without the prior written consent
of Nutralian Publishing or the relevant group company.
You are permitted to print or download extracts of the Material for your
personal use only provided that each copy contains a notice that the
Material is owned by or licensed to Nutralian Publishing or its group companies.
None of the Material may be used for any commercial or public use.
Save as expressly stated or as necessary to view, print or download
extracts of the Material for personal use, none of the Material may be
copied, edited, varied, reproduced, published, displayed, distributed,
stored, transmitted, commercially exploited or disseminated in any form
whatsoever without the prior written consent of Nutralian Publishing or the
relevant group company.
3. Content Submitted To The Website
Information, data, text, music, software, sound, photographs, graphics,
video, messages or other materials may be posted or uploaded (in public
or privately) on to designated areas of this Website. Any information,
data, text, music, software, sound, photographs, graphics, video,
messages or other materials which are posted or uploaded on to this
Website or any other Nutralian Publishing Site or Server or otherwise transmitted
through this Website or any other Nutralian Publishing Site or Server by any
visitor to this Website is referred to as “Content”.
Nutralian Publishing does not
control the Content and, as such, is not responsible for it in any way
whatsoever. In particular, Nutralian Publishing does not guarantee the accuracy,
integrity or quality of such Content. Nutralian Publishing shall have the right
(but not the obligation) in its sole discretion to delete, edit, lock,
move or remove any Content without notice. Without limiting the
foregoing, Nutralian Publishing shall have the right without notice to record the
IP address from which any Content is posted or uploaded to or otherwise
transmitted through this Website or any other Nutralian Publishing Site or Server
and to lock or remove any Content which violates these Terms and
Conditions or is or may be irrelevant, out of date, inappropriate or
objectionable in any way whatsoever or in respect of which Nutralian
Publishing
receives any complaint (whether valid, justified or not).
If you upload, post or otherwise transmit any Content to a public part
of this Website or any other Nutralian Publishing Site or Server (including,
without limitation, if you post a message to a bulletin board or chat
forum, upload files, input data, or engage in any other form of
communication through this Website or any other Nutralian Publishing Site) you are
wholly responsible for it. You hereby: (a) grant Nutralian Publishing and its group
companies an irrevocable, perpetual, royalty-free right to use,
distribute, copy, edit, adapt, license, distribute, transmit, publish,
publicly perform or display any such Content in any form or medium
anywhere in the World; and (b) irrevocably and unconditionally waive any
moral rights or similar rights you have in any Content pursuant to the
Copyright, Designs and Patents Act 1988 (as amended, superseded or
replaced from time to time) (the “Act”) or equivalent legislation
anywhere in the World.
4. Link To Third Parties
This Website and other Nutralian Publishing Sites or Servers may contain links to
websites operated by third parties (“Third Party Websites”).
Nutralian Publishing
does not have any influence or control over any such Third Party Website
and, unless otherwise stated, is not responsible for and does not
endorse any Third Party Website or its availability or contents or any
agreement or understanding you enter into with a third party through a
Third Party Website.
5. Member Conduct
You agree that when using the Website or any other Nutralian Publishing Site or
Server you will not:
a.
Upload, post or otherwise transmit Content which violates the rights
(including, without limitation, the intellectual property rights) of a
third party or which is unlawful, harmful, threatening, abusive,
argumentative, flaming, hateful, offensive (whether in relation to sex,
race, religion or otherwise) harassing, defamatory, vulgar, obscene,
indecent, libellous, invasive of another's privacy or contains any
illegal content;
b.
Harvest Content or IP addresses or upload, post or otherwise transmit
any Content which contains software viruses or any other files or
programs that may interrupt, destroy or limit the functionality of this
Website or any other Nutralian Publishing Site or Server or any networks connected
to this Website or any other Nutralian Publishing Site or Server or another's
computer, or that contains any chain letters, pyramid-selling schemes,
bulk mail, junk mail or similar; or
c.
Upload, post or otherwise transmit any Content for any commercial or
business purpose including (without limitation) any Content which
contains any advertising or promotional materials; or
d.
Restrict or in any way inhibit any person from using this Website or any
other Nutralian Publishing Site or Server;
e.
Upload, post or otherwise transmit any Content which is un-necessary
and/or repetitive including any Content which repeats that previously
uploaded, posted or transmitted by you or another visitor, unless
absolutely necessary; or
f.
Upload, post or otherwise transmit any Content to a part of this Website
or any other Nutralian Publishing Site or Server which is irrelevant to the subject
matter or the Content; or
g.
Upload, post or otherwise transmit any Content to this Website or any
Nutralian Publishing Site or Server using an e-mail address provided by a free
account service such as hotmail; or
h.
Register yourself as a member of this Website, the forum provided
through this Website, or to receive any newsletter or other service
under more than one user name and/or user account number without the
consent of the Website editor or the forum moderator; or
i.
Use this Website or any other Nutralian Publishing Site or Server in a manner that
is inconsistent with these Terms and Conditions and/or any relevant laws
and regulations in force from time to time; or
j.
Breach the terms of any suspension or ban or seek alternative access.
You acknowledge that you are solely responsible for maintaining a secure
password for the purpose of gaining access to the member sections of
this Website or any other Nutralian Publishing Site or Server.
You agree to indemnify Nutralian Publishing and its group companies in full and on
demand from and against any loss, damage, costs or expenses which they
suffer or incur directly or indirectly as a result of your use of this
Website or any other Nutralian Publishing Site or Server other than in accordance
with these Terms and Conditions.
6. Nutralian Publishing Privacy Policy
If you provide information to Nutralian Publishing on or through this Website or
any other Nutralian Publishing Site or Server, Nutralian Publishing will use it in accordance
with the terms of its privacy policy. That privacy policy forms part of
these Terms and Conditions and by using this Website or any other
Nutralian Publishing Site or Server you acknowledge and agree that you have read
and accept the terms of that privacy policy.
7. Disclaimer / Liability
Use of this Website, any other Nutralian Publishing Site or Server and their
facilities, Third Party Websites, links to the Third Party Websites, and
any Material and Content is at your own risk. To the maximum extent
permitted by law: (a) Nutralian Publishing disclaims all liability whatsoever,
whether arising in contract, tort (including negligence) or otherwise in
relation to this Website, any other Nutralian Publishing Site or Server, Third
Party Websites, links to Third Party Websites, Material and Content; and
(b) all implied warranties, terms and conditions relating to this
Website, any other Nutralian Publishing Site or Server, Third Party Websites, links
to Third Party Websites, Material and Content (whether implied by
statue, common law or otherwise), including (without limitation) any
warranty, term or condition as to accuracy, completeness, satisfactory
quality, performance, fitness for purpose or any special purpose and
title are, as between Nutralian Publishing and you, hereby excluded.
Nutralian Publishing will
not be liable, in contract, tort (including, without limitation,
negligence), under statute or otherwise, as a result of or in connection
with this Website, any other Nutralian Publishing Site or Server, any Third Party
Websites, links to Third Party Websites, the Material, Content, or any
products or services offered on or through this Website or any other
Nutralian Publishing Site or Server or Third Party Website, whether by
Nutralian Publishing or
on its behalf, for any:
a.
economic loss (including, without limitation, loss of revenues, profits,
contracts, business or anticipated savings); or
b.
loss of goodwill or reputation; or
c.
special or indirect or consequential loss.
If Nutralian Publishing is liable to you directly or indirectly in relation to this
Website, any other Nutralian Publishing Site or Server, any Third Party Websites,
links to Third Party Websites, the Material, Content, or any products or
services offered on or through this Website or any other Nutralian
Publishing Site
or Server or Third Party Website, that liability (howsoever arising)
shall be limited to the sums paid by you in consideration for Nutralian
Publishing
granting you membership to this Website.
Nothing in these Terms and Conditions shall be construed as excluding or
limiting the liability of Nutralian Publishing or its group companies for death or
personal injury caused by its negligence or for any other liability
which cannot be excluded by English law.
8. Access Restriction
Nutralian Publishing reserves the right in its sole discretion to deny you access
to this Website or any other Nutralian Publishing Site or Server, or any portion
thereof, without notice and for any reason including, without
limitation, if you fail to comply with any clause 5 (Member Conduct) or
any other provision of these Terms and Conditions. In particular,
Nutralian Publishing may deny you access to this Website or any other
Nutralian Publishing
Site or Server if Nutralian Publishing exercises its right to lock any discussion
topic to prevent further discussion, following submission of Content
relating to that topic by you.
9. Online Competitions
If you take part in any competition which is run on or through this
Website or any other Nutralian Publishing Site or Server ("Competition"), you agree
to be bound by the Online Competition Rules and any other rules
specified by Nutralian Publishing from time to time ("Competition Rules") and by
the decisions of Nutralian Publishing, which are final in all matters relating to
the Competition. Nutralian Publishing reserves the right to disqualify any entrant
and/or winner in its absolute discretion without notice in accordance
with the Competition Rules.
10. General
These Terms and Conditions (as amended from time to time) constitute the
entire agreement between you and Nutralian Publishing concerning your use of this
Website or any other Nutralian Publishing Site or Server and supersede any previous
arrangement, agreement, undertaking or proposal, written or oral between
you and Nutralian Publishing in relation to such matters. Nutralian
Publishing reserves the
right to update these Terms and Conditions from time to time. If it does
so, the updated version will be effective as soon as it is uploaded on
to this Website. No other variation to these Terms and Conditions shall
be effective unless in writing and signed by an authorised
representative on behalf of Nutralian Publishing.
These Terms and Conditions shall be governed by and construed in
accordance with English law and you agree, for the benefit of Nutralian
Publishing,
to submit to the exclusive jurisdiction of the English Courts.
If any provision(s) of these Terms and Conditions is held by a court of
competent jurisdiction to be invalid or unenforceable, then such
provision(s) shall be construed, as nearly as possible, to reflect the
intentions of the parties and all other provisions shall remain in full
force and effect.
Nutralian Publishing’s failure to exercise or enforce any right or provision of
these Terms and Conditions shall not constitute a waiver of such right
or provision unless acknowledged and agreed to by Nutralian Publishing in writing.
Unless otherwise expressly stated, nothing in the Terms and Conditions
shall create any rights or any other benefits whether pursuant to the
Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of
any person other than you, Nutralian Publishing and its group of companies.
|