Term of Use
Tuesday 05 March 2013
Closer magazine website, closeronline.co.uk
Terms & Conditions of Use
USE OF WEBSITE
This is website (“site”), is a website owned and operated by Bauer Consumer Media Limited (“Bauer”, “we”, and “us”). Bauer is an English company registered under company number 01176085. Its registered address is 1 Lincoln Court, Lincoln Road, Peterborough, England PE1 2RF (VAT Registration Number is 918561701).
Certain parts of our site may require you to register and provide certain information about yourself and where you do this you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (such information being the "Registration Data") and (b) maintain up-to-date Registration Data (by sending an appropriately worded email to email@example.com to keep it true, accurate, current and complete.
When you register on our site, you will be given a unique username and/or password that gives you access to your website account. You are responsible for maintaining the confidentiality of your username and password, and are fully responsible for all activities that occur through your website account.
You agree to (a) immediately notify us if you become aware of any unauthorised use of your password or website account or any other breach of security by sending an appropriately worded email to firstname.lastname@example.org and (b) ensure that you exit from your website account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise stated, the content of our site (including without limitation, software, graphics, text, images, designs, compilations, databases, targeting information, and the trademarks, logos, domain names, trade names, service marks, trade identities, any and all copyright material (including source and object code), and all other materials related to our site) (the “Content”) is protected by applicable copyrights, trademark rights, database rights and other proprietary rights. Bauer (and/or our licensors) owns the Content.
“User Content” means material (including without limitation text, images, clips, videos, comments, posts and any underlying material) uploaded, shared or submitted to our site by any user.
Whenever you upload User Content to our site, or to make contact with other users of our site, you must comply with the Rules of Acceptable Use, set out below. You warrant that any such contribution does comply with those rules and standards, and you indemnify us for any breach of that warranty.
With respect to User Content that you upload, share or submit to our site, you grant us the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display your User Content worldwide and/or to incorporate it in other works in any form or media (whether now known or invented in the future, which may include other internet sites, mobile, television and/or radio) and you acknowledge that your User Content may be made available with advertising and/or sponsorship.
You agree to waive any moral or similar rights in any jurisdiction that you may have in and to any of the User Content you upload, share or submit, even if the User Content is modified, altered or changed in a way which is not agreeable to you.
When you upload, share or submit User Content using our site you may be making your User Content available to the general public. This means that both non-registered and registered users may be able to view and access your User Content. Please do not upload your User Content if you do not want it to be available to the general public.
You warrant to us that:
(iii) any User Content you upload, share or submit using our site complies with the Rules of Acceptable Use set out below; and
(iv) Your User Content (in whole or in part) does not defame third parties or infringe upon the copyright or other intellectual property rights, or rights of privacy of any third parties.
RULES OF ACCEPTABLE USE
Comments, message boards, personal profiles and any discussion forums or pages of our site where you are capable of posting material (including User Content) are provided for your private and non-commercial use and for the exchange of lawful, relevant, fair and appropriate information, opinions and comment. Use of our site that is inconsistent with those stated purposes is strictly prohibited.
Your use of these forums and our site generally is subject to the following rules which, by your use of the forums and the website, you are deemed to accept (and which amount to a non-exhaustive list of prohibited acts):
You must not:
- use obscene or offensive language or post obscene or offensive User Content;
- upload, share or submit any User Content which is defamatory, abusive, discriminatory or hateful or which applauds, encourages or entices abuse, discrimination or hate;
- upload, share or submit any User Content on our site which has been disclosed to you in confidence or which, by its nature, is confidential;
- upload, share or submit any User Content on the website (including contact details, last names, telephone numbers, street addresses or other identifying information of private individuals or public figures) which compromises the privacy or security of anyone other than yourself;
- upload, share or submit any User Content which may encourage criminal conduct or which may give rise to civil liability, or which is otherwise unlawful;
- upload, share or submit User Content belonging to any person (or any material where the rights belong to any person) other than yourself without the prior written consent of the owner of it;
- upload, share or submit User Content where the use by Bauer, or any third party licensed or permitted by Bauer, will give rise to any third party claims;
- directly or indirectly suggest any endorsement or approval by Bauer of a product, service, content or any belief or opinion expressed within a product or service;
- place any links on our site where those links take users to unlawful material or material that otherwise contravenes these Rules of Acceptable Use;
- place on our site advertisements nor make commercial solicitations nor use our site for any commercial purposes (which would include using our site to promote or encourage the sale of your goods/services);
- register or attempt to register as a member of our site unless you are at least 13 years old.
- use our site to solicit information from anyone under the age of 18;
- impersonate another person or create a false or misleading identity for the purpose of misleading others as to your identity, or to collect information about other users;
- upload, share or submit User Content containing any spy ware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information;
- alter, adapt, modify, copy or create a derivative work from the Content; or
- upload, share or submit any User Content that authorises, enables or encourages the dissemination of junk mail or chain letters.
Bauer accepts no responsibility for any statements, material (including User Content) or other submissions placed on our online forums by you or any third party, or for any loss or damage resulting from your breach of these Rules of Acceptable Use.
We reserve the right to edit or remove any material and User Content uploaded, shared or submitted using our site, for any reason whatsoever.
YOUR PERSONAL DATA
LINKING TO OUR WEBSITE
We welcome 'hot links' and deep-links to our site, by which we mean that you may include a link to any page of our site on other websites, provided that you do not use such link in any way which would imply partnership, affiliation, endorsement or sponsorship of any service or product or which may bring us or the other brands in our group into disrepute. You may not display the Content or allow it to be displayed surrounded or framed or otherwise surrounded by material not originating from us without our consent. If you would like to license our material, please email email@example.com
FEEDS TO OTHER WEBSITES/RSS
If you operate your own website, you can display the latest headlines from other websites on your own site using RSS.
We encourage the use feeds as part of your website, provided that the proper format and attribution is used when any Bauer content appears. For example the attribution text should read "heatworld gossip” or "heatworld.com/gossip" as appropriate. You may not use any Bauer brand or a Bauer logo or other Bauer trademark alongside the RSS feed.
We reserve the right to prevent the distribution of content using RSS. We do not accept any liability arising from your use of the feeds or from any inaccuracy or omission in the content or interruption in availability.
THIRD PARTY LINKS
Third party links do not imply that Bauer endorses, is affiliated or associated with any linked website, or is legally authorised to use any intellectual property accessible through such links.
We will not view, edit or pre-screen any contribution (including User Content) that is uploaded to our site. Comments, reviews and/or feedback (“Comments”) relating to you, may be published on our site and may be critical or defamatory. We assume no responsibility or liability for any Comments or User Content uploaded or published by users.
We have the right (but not the obligation) at our sole discretion to refuse or remove any Comments, User Content or other material that is uploaded, shared, submitted or posted to the forums or our site without the need to give any reasons for doing so.
Notwithstanding the foregoing, you can report any abuse or complain about any Comments, User Content or other Content on our site by sending an email to firstname.lastname@example.org outlining the abuse or complaint.
NOTICE AND TAKEDOWN
If you are a rights owner (or acting on behalf of a rights owner) and believe that any User Content infringes your copyright, you must provide us with a written notice by email to email@example.com which states:
(i) that you are the rights owner or are authorised to act on the rights owner's behalf;
(ii) that you have identified User Content on our site which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable) and you believe in good faith that use of the User Content in the manner complained of is not authorised by you, the rights owner's agent or by law;
(iii) a description of the copyright work that you claim has been infringed which should include, the type of work (such as a photograph or a video clip) and any relevant further details;
(iv) a description of the way in which the copyright material has been infringed;
(v) information reasonably sufficient to permit us to locate the User Content in question on our site (including a URL specifying the date our site was accessed and/or a screen shot);
(vi) information that will enable us to contact you, such as your name, a postal address, telephone number and, if available, an email address (these contact details may also be provided to the alleged infringer so that they may contact you directly, in order to attempt to resolve the complaint amicably);
(vii) your electronic or physical signature (which may be a scanned copy); and
(viii) that the information in the notification is true and accurate.
This ‘notice and takedown’ procedure is regulated by statute. There may be negative consequences if you falsely allege User Content is infringing copyright or send a copyright infringement notice to us in bad faith. We recommend that you take legal advice before sending a copyright infringement notice, if you are unsure about your rights in the User Content, or whether there has been an infringement of your rights.
We have a policy of terminating the user accounts of repeat copyright infringers. A repeat infringer is a user who has submitted two or more items of User Content for which Bauer receives a copyright infringement notice in accordance with this section. If your account is terminated in accordance with this provision then, you shall not register or attempt to register a new user account. You agree to keep us fully and effectively indemnified and hold us harmless for all liability that may be incurred as a result of a breach of this clause.
TERMINATION AND SUSPENSION
Notwithstanding the above, we will try to warn users that their access to our site and/or their membership may be suspended or terminated.
You use our site and the services offered by us at you own risk. Our site, the Content, the User Content and other services offered by us are provided “as is” and on an “as available” basis. The content and information displayed on our site is provided without any warranties as to its completeness or accuracy.
We do not guarantee that our site, the Content, the User Content or any services offered by us will always be available or be uninterrupted, timely, secure or free from bugs, viruses, errors and omissions.
To the fullest extent permitted by law, Bauer (including its officers, employees and agents) expressly excludes conditions, representations, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and any liability incurred by any user of our site, including, without limitation, any liability for:
(i) loss of revenue, income, profits, contracts, business, goodwill, anticipated savings, reputation, data or information;
(ii) wasted management or office time; and
(iii) any other loss or damage of any kind, however arising and whether caused by tort (including, but not limited to, negligence), breach of contract or otherwise, even if foreseeable whether arising directly or indirectly.
EXCLUSION OF THIRD PARTY RIGHTS
LAW AND JURISDICTION