First Post News Group Limited Terms and Conditions of Use
Effective date 16 March, 2006
AGREEMENT
The following terms and conditions form the contract between First Post News Group Limited (First Post, we, us or our) and you, and they govern your use of the website located at www.thefirstpost.co.uk (Site) and the services offered thereon.
BY APPLYING FOR AND OBTAINING A PASSWORD OR OTHERWISE ACCESSING AND/OR USING THIS SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS.
If you do not agree to all of these terms and conditions and do not wish to be bound by them, you are not authorised to access or otherwise use this Site.
We reserve the right to change these terms and conditions from time to time by posting revised terms and conditions on this Site. Although we may notify you of the existence of revised terms and conditions, you are encouraged to review these terms and conditions and this Site from time to time. Changes and additions to these terms and conditions will be effective when they are posted on this Site. Your continued use of this Site following the posting of such changes will mean you accept those changes. If you disagree with the revised terms and conditions, you should discontinue your use of this Site immediately.
1. Access
Access to this Site is limited to authorised First
Post users. By accessing and using this Site, you represent and warrant that the information provided by you is
true, accurate and complete. You agree to promptly update all information provided by you if and when it changes.
You understand and agree that First Post may verify the accuracy of the information you provide as it sees fit,
including by contacting any individual(s) or other person(s) in respect of whom you submit information via
your
2. Password
2.1 THE DECISION TO ISSUE A PASSWORD TO YOU IS IN FIRST POST'S SOLE DISCRETION AND FIRST POST RESERVES THE RIGHT TO REVOKE YOUR PASSWORD AT ANY TIME.
2.2 Use of any password issued to you shall be limited to use by you or other employees or officers of your company who require access to this Site.
2.3 You will be solely responsible for maintaining the confidentiality of the password and your account information, and are fully responsible for all activities that occur under your password or account and for any access to or use of this Site by you or any person or entity using your password, whether or not such access or use has been authorised by you, and whether or not such person or entity is your employee or agent.
2.4 You agree to immediately notify First Post of any unauthorised use of your First Post account or password, or any other breach of security and to ensure that you exit from your account at the end of each session.
2.5 First Post will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
3. User Conduct
You warrant and agree that while using this Site, you shall not:
3.1 restrict or inhibit any other user from using and enjoying this Site;
3.2 act in any way that would damage, disable, overburden, or impair this Site or constitute or encourage conduct that would constitute a criminal offence or give rise to civil liability;
3.3 upload, post or transmit to, or distribute or otherwise publish through, this Site any materials that contain a virus or other harmful component, or false or misleading indications of origin or statements of fact or any material that is indecent, defamatory or in breach of any third party's rights;
3.4 impersonate any person or entity or misrepresent your affiliation with any other person or entity;
3.5 exploit any information or other material obtained on or through this Site for commercial purposes;
3.6 engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, "screen scraping", "database scraping", or any other activity with the purpose of obtaining lists of users or other information (including any activity which involves accessing or using First Post cookies for purposes which are unrelated to First Post's Service);
3.7 attempt to gain unauthorised access to other computer systems through this Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Site; or
3.8 to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of or access to this Site or Service.
4. Proprietary Rights
4.1 As between you and First Post, First Post owns, solely and exclusively, all rights, title and interest in and to this Site, all the content, code, data and materials thereon, the look and feel, design and organisation of this Site, and the compilation of the content, code, data and materials on this Site, including but not limited to any copyright, trade mark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein.
4.2 Your use of this Site does not grant to you ownership of any content, code, data or materials you may access on or through this Site. Any commercial distribution, publishing or exploitation of this Site is strictly prohibited. You may view the content on this Site on your computer or other internet-compatible device, and make single copies or prints of the content on this Site for your internal use only.
4.3 You acknowledge that certain materials on this Site are confidential or proprietary to First Post, and that access is provided to you solely for the business purpose for which your access to this Site has been authorised by First Post.
4.4 Except as specifically set forth herein or on this Site, you will not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from this Site.
4.5 You shall not disclose to any third party any of the confidential or proprietary information of First Post. In the event that you download any material from the Site, such material is licensed to you by First Post for your limited internal personal use and First Post does not transfer title to any such material to you.
5. Disclaimer
5.1 Through this Site, you will be provided with services that may include information, editorial content, links to other web sites and other services and content that First Post may decide to offer, subject to the terms hereof (the Service). First Post may, in its sole discretion, discontinue or alter all or any aspect of the Service, including, but not limited to, (i) restricting the time of availability, (ii) restricting the availability and/or scope of the Service for certain platforms (i.e., computer types and operating systems), (iii) restricting the amount of use permitted, and (iv) restricting or terminating your right to use all or part of the Service, at any time in First Post's sole discretion and without prior notice or liability.
5.2 First Post intends to provide as part of the Service the most current information available and First Post will make reasonable efforts to ensure that the information is updated on a regular basis. However, First Post makes no guarantee whatsoever that the information posted is accurate or timely.
5.3 First Post has provided links to web sites maintained by third parties (Third Party Sites) and may from time to time provide third party materials on this Site. NEITHER FIRST POST, ITS PARENT OR SUBSIDIARY COMPANIES NOR THEIR RESPECTIVE AFFILIATES OR SUPPLIERS OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. THE SERVICES, MATERIALS AND PRODUCTS AVAILABLE ON OR THROUGH THIS SITE AND THE THIRD PARTY SITES ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FIRST POST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. FIRST POST DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THIS SITE GENERALLY, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FIRST POST DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS IN THIS SITE OR IN THIRD PARTY SITES, INCLUDING WITHOUT LIMITATION, IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE.
5.4 You assume all risk of errors and/or omissions in this Site, including the transmission or translation of information.
5.5 You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of this Site, including the information offered by you, and for maintaining any means that you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information, provided hereunder.
5.6 You acknowledge and agree that your use of this Site, and any information sent or received in connection therewith, may not be secure and may be intercepted by unauthorised parties.
5.7 5.7 You assume responsibility for the entire cost of all maintenance, repair or correction to your computer system or other property.
6. Limitation of Liability
IN NO EVENT SHALL FIRST POST, ITS PARENT OR SUBSIDIARY COMPANIES OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSSES OR FOR EXEMPLARY DAMAGES OR FOR ANY DIRECT OR INDIRECT LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER SUCH LOSSES, INCLUDING WITHOUT LIMITATION ANY SUCH LOSS OR DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE USE, DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED ON OR THROUGH THIS SITE OR FIRST POST'S REMOVAL OR DELETION OF ANY SERVICES OR MATERIALS ON THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF FIRST POST OR ANY OF ITS SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS(ES) OR DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY LOSSES, DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF ANY SERVICE OR INFORMATION ON OR CONNECTED WITH THE SITE.
7. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES. ACCORDINGLY SOME OF THE ABOVE LIMITATIONS OF PARAGRAPHS 5 and 6 MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE FRAUDULENT MISREPRESENTATION OF FIRST POST.
8. Indemnification
You agree to defend, indemnify and hold harmless First Post, its parent and subsidiary companies and their respective directors, officers, employees and agents, as well as their licensors and suppliers, from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising out of or accruing from:
8.1 any misrepresentation, act or omission made by you in connection with your use of this Site;
8.2 any non-compliance by you with these terms and conditions or the Privacy Policy; or
8.3 claims brought by third parties arising from or related to your access or use of this Site, including without limitation the information made available by you to this Site.
9. Termination
You warrant and agree that while using this Site, you shall not:
9.1 First Post may, in its sole discretion, terminate your password, account (or any part thereof) or use of this Site without notice and for any reason.
9.2 Termination, suspension or cancellation of these terms and conditions or your access rights shall not affect any other right or relief to which First Post may be entitled, at law or in equity.
9.3 Upon termination, all rights granted to you under these terms and conditions will automatically terminate and immediately revert to First Post and its licensors.
10. Trade Marks
FIRST POST and the FIRST POST logos, service marks and names are trade marks of First Post, and all other trade marks, service marks and trade names used on this Site are the property of their respective owners, and none of the First Post trade marks, service marks or trade names may be copied, downloaded or otherwise exploited without the express, prior permission of First Post or the owner of such trade mark, service mark or trade name.
11. Personal Information
In the course of your use of this Site, any personal information you provide to us will be used in accordance with our information collection and use policies with respect to the privacy of such information as set forth in the First Post Privacy Policy (and related Privacy Notice) which is incorporated into these terms and conditions by reference for all purposes, and any personal information supplied hereunder will be subject to the terms of such Privacy Policy and related (Privacy Notice). You acknowledge and confirm that you are solely responsible for the accuracy and content of such information.
12. Miscellaneous
12.1 You acknowledge and agree that the warranties, disclaimers and limitations in these terms and conditions are material terms and that they have been taken into account in the decision by First Post to provide this Site and Service hereunder.
12.2 You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of First Post. Any assignment of the foregoing shall be invalid without such consent.
12.3 If any provision of these terms and conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions, shall be enforced to the fullest extent allowed by law as to effect the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions.
12.4 These terms and conditions and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.
12.5 No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default.
12.6 The headings used in these terms and conditions are used for convenience only and are not to be considered in construing or interpreting these terms and conditions.
12.7 These terms and conditions shall be governed by and construed in accordance with the laws of England. You hereby agree to the non-exclusive jurisdiction of the Courts of England regarding any and all disputes relating to or arising from these terms and conditions or your use of this Site or Service.
For further information about or if you
experience difficulty accessing this Site or Service or any materials thereon, or to remove your name from the
list of registered users, please contact First Post at 
.
© First Post News Group Limited 2006