YOUR PARTICULAR ATTENTION IS DRAWN TO THE LIMITATION OF LIABILITY CONTAINED IN SECTION 2.1 BELOW.
Thank you for visiting our Site. These terms and conditions ("Terms") apply whenever you visit or use any website and online services (collectively, the "Site") owned and operated from time to time by or for Premier Public Relations Limited ("Premier", "we", "us" or "our").
1. USE OF THE SERVICES
1.1 Service definitions
1.2 Use of the Services
1.4 Proprietary rights
1.5 User conduct and acceptable use
1.6 Your personal information
2.1 Limitation of liability
2.3 Third-party software, links and data
2.4 Advertising and sponsorship
2.5 Competitions, prize draw and promotions
2.6 Suspension and termination
2.7 Changes to these Terms
2.9 Contact us
1 USE OF THE SERVICES
1.1 Service definitions
In these Terms (in addition to the definitions given above):
"Account" means any account for which a User has registered in order to access the Account Service;
"Account Service" means, collectively, the Services that are only available to Registered Users;
"Content" means any and all content on the Site (including text, software, applications, video, films, music, sound, audio files, get-up, graphics, icons, designs, pictures, photographs, illustrations, artwork, names, brands, logos, trade marks, data, statistics, information, messages, articles, blogs, notes, communications, ideas, advertisements, listings, links, compilations and other material, as well as their selection and arrangement);
"Registered User" means any user who has applied for an Account, agreed to these Terms and received an Account username;
"User" means any user of the Site. In these Terms, any reference to "including" or "other" or any similar words is without limitation.
1.2 Use of the Services
The Site and its Services are provided and operated by or for Premier Public Relations Limited, a company registered in England and Wales (company number 01707417), whose registered office is at 2 - 4 Bucknall Street London WC2H 8LA, United Kingdom.
Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or modify any Service that we provide on the Site with or without notice. At our sole discretion we may notify you at your email address as supplied to us.
We do not guarantee that the Site or any Service will be available at any particular time or for any period of time.
From time to time, we may restrict access to certain Services to Users who have registered with us.
When using the Site, you must at all times comply with the Site Terms.
You are responsible for making all arrangements necessary for you to have access to the Site and for all connection and other charges incurred in visiting and accessing the Site and the Services. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of the Site Terms, and that they comply with them.
Unless otherwise stated on the Site, access to and use of the Services is available for Users aged 18 years or above.
1.3.1 Registration. To access and use certain Services via the Site, you will need to register as a Registered User. An Account allows you to access and preview certain content on the Site. Additional terms and conditions may apply from time to time in relation to certain Services via the Site.
1.3.2 Creating an Account. To create an Account, you will be required to register as a Registered User and to accept these Terms. If you do not wish to accept these Terms, you will not be able to create an Account.
1.3.3 Usernames. When registering as a Registered User you will be asked to provide certain requested information, following which you will be issued with a unique username and password. You agree that you will: (a) provide accurate, current and complete information about you whenever prompted or permitted by any Site registration process ("Personal Data"); and (b) maintain and promptly update your Personal Data and keep your Personal Data accurate, current and complete.
For the sake of clarity, your username does not constitute your property and gives you no unique right to use such username. If for any reason your Account is terminated, we may issue the same username to a subsequent registered User.
1.3.4 Security. You agree to maintain the security of your username, password and other Personal Data, and not to allow anyone else to use your username or password and not to disclose any of your Personal Data to anyone else. This is as much for your own protection as for our and other Users’ protection. YOU ARE FULLY RESPONSIBLE AND LIABLE FOR ALL USE OF, AND ALL ACTIVITY CARRIED OUT UNDER, YOUR USERNAME AND PASSWORD ON ANY SERVICE (WHETHER BY YOURSELF OR BY A THIRD PARTY WHO HAS BECOME AWARE OF YOUR USERNAME AND PASSWORD THROUGH YOUR DELIBERATE ACT OR NEGLIGENCE).
Any misuse of your registration details should be reported to Premier at email@example.com as soon as you become aware of such misuse.
1.3.5 Registration limitations. Registration does not mean that you can use your Account for all Services that we may offer via the Site. Separate registration may be required in order to access or use certain Services, each of which may be subject to: (a) eligibility criteria that you may not meet; and (b) acceptance of additional terms, conditions and restrictions, which may or may not be the same as the terms governing your Account.
1.3.6 Profiles and communications made on the Site. You accept that any communications with other Users via any message boards, blogs, forums, chats and any other avenues of communication on the Site are public communications, and that you have no expectation of privacy concerning any such profile and communications, the Account Service or any other Service. You acknowledge that personal information that you communicate publicly via the Site may be seen and used by others and result in unsolicited communications, and so we strongly encourage you not to disclose any personal information about yourself in your public communications via any Service.
Premier is not responsible for information that you choose to communicate to other Users via the Site or any Service, nor are we responsible for the actions of other Users (unless we become responsible for such actions under law). There are, however, some common-sense rules that you should always abide by when using the Services and communicating with others via the Services or when you are on the internet in general. Other Users may not be who they say they are, or who you think they are. Under no circumstances should you post or give out your real name or any other personal details that could identify who you are or where you live. Always be wary of giving out details about what you do, where you go, your place of work/education or your physical attributes.
ABOVE ALL, WE STRONGLY ADVISE YOU AGAINST MEETING ANYONE THAT YOU KNOW ONLY FROM USING A SERVICE.
You acknowledge that you acquire no right, title or interest in any characters, data, property or other matter which you may acquire, create or develop while using any Service (including any usernames, nicknames or avatars).
1.3.7 Termination of your Account. You or we may terminate your Account at any time and for any reason, and we may at our discretion terminate your Account if we have reason to believe that you have failed to comply with any of the Site Terms. To terminate your Account, please contact our support service at firstname.lastname@example.org. We shall terminate it as soon as reasonably practical after receiving your termination request. If we terminate your Account for any breach of the Site Terms on your part, you will not be permitted to re-register as a Registered User without our express permission.
1.4 Proprietary rights
1.4.1 Content. With the sole exception of User Content (as defined below), all copyright, trade marks (registered or unregistered, and including all associated logos and other device marks associated with such titles and names), database rights and other intellectual property rights in and to the Site and the Content are exclusively owned by Premier, its affiliates or its licensors. All rights are reserved.
No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted or sold in any form or by any means (in whole or in part) without Premier's prior written permission. Premier grants you a limited licence to access and use the Site and to download or print any page of the Site to which you have properly gained lawful access solely for your personal, non-commercial reference, as long as you keep all copyright or other proprietary notices intact. All rights to use, reproduce, copy and extract any Content not expressly specified in the Site Terms are reserved by Premier absolutely.
Any use of the Site or the Content (other than as specifically authorised in the Site Terms or separately permitted in writing by Premier) is strictly prohibited. Unauthorised use may also violate applicable laws (such as copyright and trade-mark laws) and applicable communications statutes and regulations.
Any licence granted to you under the Site Terms is revocable at any time (and with or without reason). All moral rights of the respective authors of any Content are hereby asserted.
1.4.2 User Content. In these Terms "User Content" means any and all Content (including your avatar, image and likeness) that you (or any other User(s) on your behalf) post, upload, publish, display, transmit, share, store or otherwise make available (collectively, "post") on or via the Site or in connection with the use of any Service, or transmit to or share with other Users.
You are solely responsible and liable for the content, accuracy, completeness and legality of User Content. In particular, you must ensure that you have the legal right under all applicable laws to post any User Content on or through the the Site or in connection with the use of any Service, or transmit to or share such User Content with other Users. This means you must either be the sole owner of all the intellectual property and other rights in such User Content or have the prior written agreement of any third-party owner of such rights to make use of the User Content in question for the purposes set out in these Terms. You warrant and undertake to us that: (a) you have the absolute unfettered right and title to post any User Content and to grant to us the rights and licences in respect of such User Content specified in the Site Terms; and (b) all User Content shall be lawful and shall comply with our standards (such as acceptable use policies) contained in the Site Terms or otherwise specified on the Site.
We are under no obligation to keep secure or to store any User Content for any period of time and shall have no liability to you for any damage, loss, liability, cost or expense incurred by you as a result of the loss or deletion of any User Content. You are solely responsible for creating any back-up copies of any User Content.
You grant us the worldwide, payment-free and transferable right and licence (with the right to grant sub-licences) to use, reproduce, publicly display, edit, modify, translate, disclose, communicate, broadcast, distribute and format in any manner we choose all or any part of any User Content via the Site and within the scope of the Services. This grant of rights is for the full legal term of protection of such rights. To the fullest extent permitted by law, you further irrevocably waive, and agree not to assert against Premier or our sub-licensees, any so-called "moral rights" that you may have in any User Content.
Where permitted by you or required by a court or other competent authority or otherwise permitted by law, we shall be entitled to disclose your identity to any third party claiming that any User Content constitutes a violation of such third party’s intellectual property rights, goodwill, reputation and/or right to privacy. 1.5 User conduct and acceptable use
1.5.1 User warranties. You warrant and undertake that no User Content does or will violate or infringe any third-party rights (including copyright, trade marks, rights of privacy or publicity or any other proprietary or personal rights) or contain defamatory or otherwise unlawful material. You accept that you are personally responsible for your use of the Site and for all of your communication and activity on the Site (including any User Content).
1.5.2 Interactive Services. In addition, you understand that we may from time to time provide interactive services to Users of the Site ("Interactive Services"), which may include a blog which may be commented upon by you and/or shared with others, including via social networks.
You accept that we are entitled (but not obliged) to review the Site and, without prior notice to you, to delete or remove from the Site any User Content in our reasonable discretion, including User Content that, in our reasonable judgement, violates the Site Terms, or might be offensive or illegal, or might violate the rights (or harm or threaten the safety) of Users or others.
1.5.3 Moderation. While we reserve the right to moderate the use of any Service, we are under no obligation to oversee, monitor or moderate any Interactive Service that we provide on the Site, nor to pre-screen or approve any Content that may be posted by Users to the Site or on any Interactive Service.
1.5.4 Complaints. WE CANNOT GUARANTEE THAT YOU WILL NOT ENCOUNTER CONTENT THAT YOU CONSIDER OFFENSIVE OR OTHERWISE INAPPROPRIATE, AND WE ACCEPT NO LIABILITY FOR ANY FAILURE TO REMOVE (OR DELAY IN REMOVING) ANY SUCH CONTENT. You may, however, make complaints by contacting our support service at email@example.com or by written notice to: Customer Services, 2 - 4 Bucknall Street London WC2H 8LA, United Kingdom. 1.5.5 Minors. You are not allowed to post the image and/or likeness of any child under the age of 13. The use of any of our Interactive Services by minors is subject to the consent of their parents or guardians. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online, as moderation (where provided) is not foolproof. Minors who are using any Interactive Service should be made aware of the potential risks to them. Where we do moderate an Interactive Service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
1.5.6 Prohibited use. You must not:
- harvest or collect email addresses or other contact information of other Users from the Site or any Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- use the Site or any Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site or any Service;
- use automated scripts to collect information from, or otherwise to interact with, the Site or any Service;
- post any Content that we reasonably consider to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- post any unsolicited or unauthorised advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation;
- post publicly available on the Site any private information of any third party, including addresses, phone numbers, email addresses, social security numbers and payment method details;
- solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- post User Content that would constitute, encourage or provide instructions for any criminal offence, violate the rights of any person, or otherwise create liability or violate any applicable law relating to offensive or harmful content; and/or
- post User Content that, in our reasonable judgement, is objectionable or restricts or inhibits any other person from using or enjoying the Site or any Service, or may expose us or Users to any harm or liability of any type.
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under computer misuse legislation. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
1.5.7 Content standards. The following standards apply to any and all material that you contribute to the Site and to any Interactive Services associated with it (collectively, and including any part(s) of the same, "Contributions"). You must comply with the spirit of the following standards, as well as the letter. Contributions must:
- be accurate (where stating facts);
- be genuinely held (where stating opinions); and
- comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- contain any material that is defamatory of any person;
- contain any material that is obscene, offensive, hateful or inflammatory;
- promote sexually explicit material;
- promote violence;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any copyright, database right, design right or trade mark of any other person;
- be likely to deceive any person;
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- promote any illegal activity;
- be threatening, abuse or invade another´s privacy, or cause annoyance, inconvenience or needless anxiety;
- be likely to harass, upset, embarrass, alarm or annoy any other person;
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- give the impression that they emanate from us (if this is not the case); and/or
- advocate, promote or assist any unlawful act (such as, by way of example only, copyright infringement or computer misuse).
If you encounter another User on the Site who is violating any of the Site Terms, please report the User to us at firstname.lastname@example.org.
We shall determine, in our reasonable discretion, whether there has been a breach by you of this section 1.5. Failure to comply with this section 1.5 constitutes a material breach of the Site Terms, and you agree that such failure may result in our taking any or all of the following actions:
- immediate, temporary or permanent withdrawal of your right to use the Site and any Services;
- immediate, temporary or permanent removal of any posting or material uploaded by you to the Site;
- issue of a warning to you;
- legal proceedings against you for reimbursement of all costs and expenses on an indemnity basis (including reasonable administrative and legal costs) resulting from the breach;
- further legal action against you; and/or
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
1.6 Your personal information
2 GENERAL 2.1 Limitation of liability
Unless and to the extent only that the following exclusions are incapable of exclusion by applicable law, the Site and all its features are used by you at your risk and are provided on an "as is" and "as available" basis without any guarantees, warranties, representations, terms or conditions of any kind (whether express or implied by legislation or operation of law).
To the fullest extent permitted by law:
- (a) we do not guarantee nor do we make any warranties or representations that the Site any Service will be available at all or at any times or that it will be error-free, uninterrupted or secure;
- (b) we shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it;
- (c) Premier expressly disclaims all warranties, representations, terms and conditions of any kind (express or implied), including any implied warranties, terms or conditions of merchantability, fitness for purpose, satisfactory quality, title, non-infringement of intellectual property and other third-party rights in relation to the Site or any Services or activities sold, supplied or otherwise made available on or via the Site;
(d) neither Premier nor any of its affiliates, licensors, suppliers, successors and assignees or its or their respective officers, employees, agents or contractors (together, the "Premier Parties" and each, a "Premier Party") shall be liable to you for any indirect, special or consequential loss that is suffered or incurred by you in connection with your use of, or inability to use, the Site or any Services, any websites linked to it and any materials posted on it, and that falls within any of the following categories:
(i) loss of income or revenue;
(ii) loss of business;
(iii) loss of profits or contracts;
(iv) loss of anticipated savings;
(v) loss of data;
(vi) loss of goodwill; and/or
(vii) wasted management or office time;
- (e) no Premier Party shall be liable for any damage to your equipment or any computer software or system or loss of data that may result from the download, installation and/or use of any third-party material or software downloaded via or for use of the Site, nor do we endorse, warrant or guarantee any third-party product or service offered via the Site, nor will we be a party to (or in any way be responsible for monitoring) any transaction between you and third-party providers of products or services; and
- (f) we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a User in contravention of our content standards, whether the Service is moderated or not.
Despite the preceding provisions of this section 2.1:
- (A) Some states or jurisdictions may not allow the exclusion or limitation of certain warranties or conditions. Where that is the case (and to such extent), the exclusions and limitations of liability in these Terms may not apply to you.
- (B) Nothing in these Terms in any way limits our liability to you for: (1) death or personal injury caused by our negligence; (2) fraud or fraudulent misrepresentation; (3) any deliberate repudiatory breaches of these Terms by us; (4) any loss or damage (whether financial or otherwise) that is a direct and foreseeable result of any breach of these Terms on our part; (5) any breach by us of any warranties, terms or conditions implied into these Terms by applicable law; and/or (6) any other liability (such as gross negligence or wilful misconduct) to the extent that such liability cannot be excluded or limited under applicable law.
- (C) NOTHING IN THESE TERMS AFFECTS YOUR RIGHTS AS A CONSUMER UNDER LAW. If you would like information on such rights, you should contact your local trading standards service or citizens' advice bureau.
You agree to reimburse each Premier Party (as defined in section 2.1 above) in full for the amount of any and all claims, proceedings, actions, demands, damages, losses, liabilities, costs and expenses suffered or incurred by such Premier Party, in each case as a result of or in connection with: (a) any breach of any of your obligations, warranties, representations or undertakings under the Site Terms; and/or (b) any illegal use of your Account by any person(s).
2.3 Third-party software, links and data
2.3.1 Third-party software. We are not responsible for any technical or other issues that may arise if you download and use any third-party software, whether made available via the Site or from an external third-party website.
2.3.2 Links. We are not responsible for any links to external third-party websites or pages of or content contained in or made available via any such third-party website (including links to personal profiles, user groups or videos on social networking or video upload sites) that may be provided on the Site by us or by you or any other User who posts any such link on the Site. Such links do not constitute endorsements by Premier. We have no control over the content of linked websites and make no warranties or representations about third-party websites or goods or services offered on or via third-party websites.
You may link to the home page of the Site only, as long as you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you. The Site must not be framed on any other website, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these Terms.
2.3.3 Third-party data. We are not responsible for any data provided by third-party data feeds available via the Site. We have no control over the content provided by such third-party data feeds and make no warranties or representations about such data or data-feed services.
2.4 Advertising and sponsorship
The Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with applicable laws, codes and regulations. We cannot guarantee that such advertising or sponsorship material will be free of errors or inaccuracies.
2.5 Competitions, prize draws and promotions
We may from time to time run competitions, free prize draws and/or other promotions on the Site. These will be subject to additional terms and conditions that will be made known to you at the relevant time.
2.6 Suspension and termination
We may, at our sole discretion, suspend or terminate the provision of any part of the Site or any Service or restrict your access to it without any prior notice to you where (by way of example and without limitation): (a) we reasonably consider that you are misusing the Services or are otherwise acting in breach of any of the Service Terms; (b) there is a regulatory or statutory change limiting our ability to provide such part of the Site or such Service; and/or (c) any event beyond our reasonable control prevents us from continuing to provide such part of the Site or such Service (for example, without limitation, technical difficulties, capacity problems or communications failures).
2.7 Changes to these Terms
We reserve the right to make changes to any part of the Site or any Service and/or to these Terms from time to time. We will notify you of any changes to these Terms by posting the modified Terms on the Site (including the date on which these Terms were last modified). If you use the Site after we have posted such changes, you will, by continuing to use the Site, be agreeing to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, you should not continue to use the Site.
Notices. Except as otherwise specified in these Terms, all notices given by you to us must be given to us at the web or postal address set out in section 2.9 below. We may give notice to you at either the email or postal address that you provide to us when registering as a Registered User or by posting notices on the Site. Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an email is sent, or five days after the date of posting of any letter (whichever occurs first). In proving service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
Assignability. You may not assign, sub-license or otherwise dispose of any of your rights under these Terms.
Entire agreement. These Terms (including all provisions incorporated by reference in these Terms) contain the entire agreement, and supersede any previous agreement (whether oral or written), between Premier and you in relation to the subject-matter of these Terms. Nothing in these Terms shall limit or exclude any liability for fraud.
Prevalence. Except as otherwise specified in these Terms, in the event of any inconsistency between the provisions set out in these Terms and any other terms and conditions referred to in these Terms, the provisions set out in these Terms shall prevail. For this purpose, however, an omission (whether deliberate or inadvertent) shall not be understood as giving rise to an inconsistency.
No partnership etc. No partnership, joint venture, agency or employment relationship is intended or created by these Terms.
Third-party rights. These Terms are not intended to confer, and do not confer, any rights or remedies on any person other than the parties to these Terms, except that any Premier Party may enforce any right or remedy expressly conferred on such Premier Party under these Terms.
Non-waiver. Failure by either party to insist on strict performance of, or to exercise any right or remedy under, these Terms shall not constitute a waiver of that right or remedy and shall not relieve the defaulting party from compliance with such party’s obligations. A waiver by either party of any default shall not constitute a waiver of any subsequent default. No waiver by either party shall be effective unless it is expressly stated to be a waiver and is notified to the other party in writing in accordance with section 2.9 below.
Severability. If any provision(s) of these Terms is found to be invalid, unlawful or unenforceable by any court or other authority of competent jurisdiction, the remaining provisions will continue to be valid, lawful and enforceable to the fullest extent permitted by law.
Governing law and jurisdiction. Except to the extent otherwise required by applicable law (for example, to give effect to your rights as a consumer under the law of the country in which you are resident), these Terms and any related dispute or claim (contractual or non-contractual) shall be governed by, and interpreted in accordance with, English law and subject to the non-exclusive jurisdiction of the English courts. We reserve the right to bring any action(s) in any other court(s) of competent jurisdiction.
2.9 Contact us
If you have any queries concerning any of these Terms, please contact us at: email@example.com.