Please read this carefully
Sunday 01 April 2007
By accessing (which includes browsing and any use, by the employment of any device or by any means), www.independent.co.uk or its associated websites (all of which sites are known collectively and/or individually in these Terms as the "Website") you are agreeing to be legally bound by these terms as modified from time to time ("Terms").
1. Use of Website
The Website is owned and operated by Independent Digital News and Media (in these Terms "IDNM" means Independent Digital News and Media and its holding and associated companies). IDNM reserves the right to suspend or terminate your access to the Website at any time, with or without notice or explanation.
All intellectual property rights, including copyright, in the content accessible (or available for download) on the Website, including text, pictures, graphics, video, audio material, software or any other form (" Content") belong to IDNM or its licensors. All rights are hereby reserved.
3. Use of Content
The Website and the Content may only be used for your personal, non-commercial use.
For this purpose alone you may retrieve and display the Content on a computer screen. You may also print out, but not photocopy, one copy of individual files on paper and store files in electronic form on disc, but not on any server or any other storage device connected to a network where the Content could be accessed by other users.
Except as set out above, you agree not to download, copy, reproduce, modify, store, archive, show in public, redistribute or commercially exploit in any way any part of the Content without the prior written permission of IDNM. You agree not to use the Content or the Website for any illegal or improper purpose, nor for any purpose which might infringe the rights of others, or which might harass or cause inconvenience of distress to any person.
You also agree to abide by all copyright notices and restrictions attached to the Content and not to remove any such notice or restriction, or alter the Content in any way.
4. Licence to reproduce Content
If you wish to re-publish, re-distribute or exploit the Content in any way you should address a request for permission to Independent Syndication at
e-mail: firstname.lastname@example.org; telephone: +44 (0)20 7005 2123 (text); telephone: +44 (0)20 7005 2534 (pictures)
IDNM cannot guarantee that any such permission would be forthcoming or on what terms.
5. Links from other sites
Third parties are permitted to link to stories within IDNM websites, using the URL and quoting the headline and the source website. Content must not be reproduced on a third party site without express authorisation from us.
A third party must ensure that nothing on its own website suggests or could be understood to imply that any part of the Website is part of its own web site unless the third party has obtained the prior written approval of IDNM.
IDNM reserves the right to withdraw any permission without explanation or notice if in its sole judgement use of such links is excessive or inappropriate. IDNM also reserves the right to change the location and nature of files within the Website without explanation or notice; it is the responsibility of the third party to check and update links.
Third parties must not deep-link to, or frame or use other techniques to enclose any part of the Website.
6. Trademarks and Intellectual Property
The Independent, The Independent on Sunday, Independent Digital News and Media are Registered Trademarks of IDNM or otherwise part of its intellectual property. You may not use these marks without the prior written permission of IDNM.
7. Limitation of liability and indemnity
IDNM obtains the Content from a wide range of sources and the Content includes facts, views, opinions and information which may be of interest to users of the Website.
While all reasonable care is taken, we do not warrant the accuracy, completeness, timeliness, performance or fitness for any particular purpose of the Content or the Website, nor do we endorse or accept any responsibility for any views, advice, recommendations or opinions expressed on the Website or any website to which we link. You should note that any contact or arrangements made between you and any third party named on the Website or any third party website linked from it (including without limitation any website with which we have a commercial association) is at your own risk, and to the extent permitted by law IDNM excludes all liability.
The Content should only be used for your general information and use and not by way of specific recommendation or advice.
Before taking any action or decision based in whole or in part on the Content, you should always make your own independent checks of any information that is important in making such decision or taking such action. You should also seek professional advice in appropriate circumstances such as on medical, investment, tax, financial, legal and other professional matters.
IDNM does not give any warranties in respect of the Content or the Website, freedom from viruses or other contamination, or that the Website is compatible with any computer systems, software and browsers.
All implied warranties or duties are excluded save if and to the extent that they may not lawfully be excluded.
IDNM is not regulated by the Financial Services Authority and the Content has not been approved under the Financial Services and Markets Act 2000. Appropriate expert advice should be obtained before making any investment or other decisions.
Advertising or promotional material submitted by third party advertisers, sponsors or promoters is viewable on the Website. The advertisers are solely responsible for that material, including ensuring that it complies with all applicable legislation and regulations. IDNM is not responsible for such material.
IDNM shall not be liable for any claims, losses, injuries, penalties, damages, costs or expenses arising from the use of, or inability to use the Website or Content or from any action taken, or omitted to be taken, as a result of using the Website or Content, other than death or personal injury resulting from use of the Website directly caused by the negligence of IDNM.
IDNM excludes liability to you and/or any third party for any consequential or incidental damages (including but not limited to lost profits, loss of privacy or for failure to fulfil any duty) or for any other indirect, special or punitive damages whatsoever that arise out of or are related to the use of the Website or the Content or to any breach of the terms by IDNM, even if IDNM has been advised of the possibility of such damages and even in the event of fault or strict liability.
You agree that, subject to the forgoing terms of this Term 7, your exclusive remedy and only recovery for any damage you incur, shall be limited to the direct damages (if any) you actually incur in reasonable and exclusive reliance on the Website or Content, and for which we may be held liable by a competent court, of up to a limit of the refund of the amount you paid (if any) in relation to the particular use of the Content in total during the month in which the damage first incurred.
You agree to indemnify IDNM against all costs, claims, proceedings, demands, losses, damages, expenses or liability whatsoever arising directly or indirectly as a result of any breach of the Terms by you and any negligence or breach of duty by you.
8. Links to third party sites
This Website contains links to other websites operated by parties who are wholly separate from IDNM. Links to all third party sites are identifiable because clicking on them will launch new browser windows displaying the third party's website URLs, or are otherwise indicated as such by IDNM. Such links are provided for your convenience and reference only and you access them at your own risk. IDNM cannot be held responsible in any way for the content, operation or availability of such websites.
9. Co-branded sites
10. Gambling and betting
Further to the terms of Term 9, all gambling, betting and associated services available on the Website or which are accessible from it are provided and operated by third party operators whose identity and details including contact details are given on the relevant webpages. IDNM does not operate, nor is it responsible in any way, for these services and all liability is hereby excluded. Customers contract direct with such third parties and should note the disclaimer on such pages and the relevant terms and conditions of use.
11.Competitions, prize draws and promotions
IDNM may on occasion run competitions or prize draws either on its own behalf, for other parties or in conjunction with commercial partners. These will be subject to additional rules and conditions which will be made available at the time of any such competition.
12. Submission of content to the Website
If you submit any material to this Website (including without limitation any text, graphics, pictures, video or audio) you agree thereby to grant IDNM a non-exclusive, perpetual, royalty-free, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to any such work worldwide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in such content.
If you do not wish to grant such rights to IDNM, you should not submit a contribution to the Website.
By submitting your contribution to the Website, you warrant that such contribution is your own original work and that you have the right to make it available to IDNM for all the purposes specified above, that it is not defamatory or obscene, and does not infringe any law or regulatory provision or any person's rights in any jurisdiction. You accept that breach by you of these warranties may cause loss or damage to IDNM and you indemnify IDNM against all legal fees, damages and other expenses that may be incurred by IDNM as a result of your breach of the above warranty. You agree to waive any moral rights in your contribution for the purposes of its submission to and publication on the Website and the other purposes specified above.
IDNM accepts no liability for any content submitted by third parties. Users of the Website accept that we may not pre-screen the content submitted by users, and we reserve the right to remove at any time and without giving reasons or notice any material you or other users have supplied. IDNM reserves the right to monitor any communications you make on the Website and by submitting any material or making any such communication you thereby consent to such monitoring.
13. Changes to these Terms
14. English Law
By accessing the Website you agree to accept that these Terms are governed by and construed in accordance with the laws of England. You also accept the exclusive jurisdiction of the English Courts in relation to any dispute that may arise in connection with these Terms or your use of the Website or arising in any way from the Content.
Independent Digital News and Media is registered in England and Wales under company number 7148379, whose registered office is at 2 Derry Street, London, W8 5HF, UK. VAT number GB 987 3754 55.
You can mail us at email@example.com with any comments or for further information.
MAIL ORDER ADVERTISING
For most advertisements and inserts where the reader can make a prepayment prior to receiving the goods offered, the advertiser is required to be a member of the National Newspapers Mail Order Protection SchemeFor information tel: 01628 641930 or www.mops.org.uk.
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