TERMS & CONDITIONS
THANK YOU FOR VISITING OUR SITE (the “Site”). This Site is operated by Bath Forum Limited (in its capacity as the operator of the Site will be referred to as the “Operator”, “we”, or “us” herein).
We hope you enjoy the exciting and informative features on our Site. The following are the terms and conditions of use that govern the use of the Site (including any mobile versions of the Site (“Terms”) PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE OR MAKING ANY PURCHASE ON OR THROUGH THE SITE.
Certain areas of the Site (involving, for example, ticket purchases or third party sites linked to from this Site) may contain additional terms and conditions (“Additional Terms”).
We reserve the right, at our discretion, to alter or remove contents or features on the Site, as well as change, modify, add, or remove portions of these Terms at any time. This may include initiating or changing fees or charges for use of the Site or portions thereof.
Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting a revised version of these Terms on the Site. Please check these Terms periodically for changes. Your continued use of the Site following the posting of changes to these Terms will mean you accept those changes. You can tell the most recent version of the Terms by looking at the Last Updated notation above the Terms.
1. COPYRIGHT AND INTELLECTUAL PROPERTY OWNERSHIP
The Operator either directly or indirectly through one of its subsidiaries is the owner or licensee of all intellectual property rights in the content contained on the Site (which includes, without limitation, the Site design, software and source codes connected with the Site, all graphics, text, images, photographs, videos, illustrations, and the design, selection and arrangement thereof, all registered and unregistered trade marks and design rights therein including, without limitation, in relation to the following marks “The Forum” and the The Forum icon, “Bath Forum” and the Bath Forum icon. All other trade marks used on this web site are the property of their respective owners.
The Site is protected by copyright and other proprietary intellectual property rights, which are owned or licensed by us, and are protected under intellectual property laws of either the European Community and/or England and Wales. By using the Site you acknowledge that you do not acquire any ownership rights to the Site or any of its contents.
In accessing the Site you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. You are granted a limited licence to download and print of pages of the Site for personal, non-commercial home use only provided all copyright and trade mark notices are left in tact.
You are not permitted to use, reproduce, modify, display, publicly perform, distribute, or create derivative works in any other media, by any means and for any purpose without our prior written permission. In all cases, the Site must be acknowledged as the source of the material. Use of the materials contained on the Site on any other Internet site is strictly prohibited. The grant of this limited licence is conditional upon your agreement to and full compliance with these Terms. Any other use of any of the materials on the Site including reproduction (for any purposes other than those noted above), modification, distribution, or republication, without our prior written permission is strictly prohibited, and is a violation of our proprietary rights and/or the rights or our licensors. If you download any software from the Site, the software, including any images or files incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are subject to the limited licence set out above. We and/or its suppliers (as the case may be) retain all right, title, interest and intellectual property rights in and to the Software. You may not distribute, sell, or transmit the Software and you are not permitted to alter, modify or adapt the Software, including but not limited to translating, decompiling, reverse engineering, disassembling, or creating derivative works of it.
The Operator does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting the Operator a world-wide, royalty free, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to display such Content via the Services. In addition, you warrant that all so-called “moral rights” in those materials have been waived.
2. AGE REQUIREMENTS AND CHILD SUPERVISION
By using the Site, you represent that you are a at least 18 years of age or, if under the age of 18, you have the consent of your parent or legal guardian to use the Site. If you do not meet these requirements or do not agree to these Terms, please do not use the Site.
The Operator is concerned about the safety and privacy of its users, particularly children. Parents or guardians who wish to allow their children access to and use of the Site and Services should supervise such access and use.
By allowing your child access to the Site and Services you are allowing your child access to all of the Services, including email, bulletin boards, chat areas, news groups, forums, video streaming and/or other message or communication facilities. It is therefore your responsibility to determine which Services are appropriate for your child. Always use caution when revealing personally identifiable information about yourself or your children via any of the Services.
3. PERSONAL INFORMATION AND COOKIES
This Site collects online contact information from people under 18 years of age without prior parental consent or parental notification and collects personally identifiable offline contact information without prior parental consent. If we are contacted by the parent or guardian of anyone under the age of 18 we will delete all such data relating to people under the age of 18 save insofar as we may need to retain data to comply with our legal obligations.
4. ACCEPTANCE OF TERMS
The Site may provide communication tools such as email, bulletin boards, chat areas, news groups, video streaming, classifieds, forums and/or other message or communication facilities (the “Services”) designed to enable you to communicate with others. Unless stated otherwise the Services are for your personal and non-commercial use only. Your access to and use of the Site and the Services outlined, are subject exclusively to these Terms.
You will not use the Site or Services for any purpose that is unlawful or prohibited by these Terms. By using the Site and/or Services you are fully accepting the terms, conditions and disclaimers contained in these Terms. If you do not accept these Terms you must immediately stop using the Site and Services.
5. INTERNATIONAL USE
You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and the transmission of all personal date exported to the United Kingdom from the country in which you reside (if different), with all local laws and rules regarding acceptable use of and conduct on the Internet.
6. LINKS TO THIRD PARTY WEBSITES
The Site and Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that the Operator is not responsible for the content or availability of any such sites.
Any other such sites may contain Additional Terms which you should read carefully before use of such sites. The Operator shall not be responsible for your failure to adhere to such Additional Terms.
7. ACCEPTABLE USES
You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (the “Content”), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. The Operator does not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to content that is offensive and/or indecent. The Operator will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
In using the Site and Services you agree not to:
Use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise.
Post, publish, distribute or disseminate material or information that is or may be defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful.
Post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality, gender or otherwise.
Threaten abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others.
Violate any applicable laws or regulations.
Use the Site and/or Services in any manner that could damage, disable, overburden or impair the Site and/or Services or interfere with any other party’s use and enjoyment of the Site and/or Services.
Post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement).
Attempt to gain unauthorised access to any of the Services, other accounts, computer systems or networks connected to the Site and/or Services through hacking, password mining or similar.
Use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party.
Make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another.
Collect or store personal information about others, including email addresses.
Advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages.
Impersonate any person or entity for the purpose of misleading others.
“Frame” or “mirror” the Site, or any part thereof.
Use any automatic means (e.g. robot, spider, offline reader, the Site search/retrieval application or other manual or automatic device or process) to (a) retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents or (b) to make multiple and repetitive inquiries to access, reload or “refresh” transactional event or ticketing pages.
The only exception relates to public search engines used solely to create publicly available search indices (which we may revoke such rights at any time in our sole discretion).
While using the Site, you agree to comply with all applicable laws, rules and regulations.
When participating in a forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board, or other user-generated content area.
Information obtained in a forum may not be reliable, and it is not a good idea to trade or make any decisions based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any decisions made based on such information.
The Operator has no obligation to monitor the Services but shall be entitled to review materials posted to a communications facility and, at its sole discretion, to remove any material that breaches these Terms and Conditions or is otherwise objectionable.
8. USER ACCOUNT, PASSWORD AND SECURITY
You may be offered the opportunity to create an account on one of the Sites or be required to register to use certain Services. If you are required to complete a registration process by providing certain information and registering a username and password for use with the Services, you are responsible for maintaining the confidentiality of the username and password and also for all activities that take place under your account.
You agree to immediately notify the Operator of any unauthorised use of your password or account or any other breach of security. In no event will the Operator be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder.
The Operator has the right to terminate your access to the Site and any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms. The Operator may also at any time, at its sole discretion, discontinue the Site and/or the Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Site and/or Services.
You agree to indemnify and hold the Operator, its holding company, subsidiaries and any subsidiaries of its holding company and any entity in which they each hold an interest of 20% or more in the capital of such entity, agents, licensors, suppliers, advertisers and sponsors and their respective employees, officers, contractors, shareholders and agents (the “Indemnified Persons”) harmless from and against any breach by you of these Terms and any claim or demand brought against any Indemnified Person by any third party arising out of your use of the Site and/or the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by an Indemnified Person in consequence of your breach of these Terms.
11. DISCLAIMERS AND LIMITATION OF LIABILITY
Use of the Site and/or Services is at your own risk. The Site and Services are provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
Neither the Operator nor any Indemnified Persons make any warranty that the Site and/or Services will meet your requirements, that the Content will be accurate or reliable, that the functionality of the Site and/or Services will be uninterrupted or error free, that defects will be corrected or that the Site and/or Services or the server that makes them available are free of viruses or anything else that may be harmful or destructive.
While we try to provide accurate information on the Site, the data and other information contained on the Site is subject to frequent changes. We also receive information from a variety of sources that we do not control and for which cannot be responsible. As a result, we explicitly disclaim any responsibility for the accuracy, content, or availability of information found on the Site or other websites that link to or from the Site. Please let us know if you discover any inaccuracy in the Site content. As noted above, we are not responsible for the conduct of the operators of third-party sites, and we cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Site or third-party content on the Site. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
TO THE EXTENT PERMITTED BY LAW, NEITHER THE OPERATOR NOR ANY INDEMNIFIED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE WHATSOEVER (INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS, OPPORTUNITY, DATA, PROFITS) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE AND/OR SERVICES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NEITHER THE OPERATOR NOR ANY INDEMNIFIED PERSON SHALL HAVE ANY LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (I) ANY FAILURE OF A USER TO CONFORM TO THESE TERMS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM OUR NEGLIGENCE, (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SERVERS OR THOSE OF OUR SERVICE PROVIDER(S) AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, WORMS, DEFECTS, OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, (V) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY MATERIALS INCLUDING WITHOUT LIMITATION, CONTENT,, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS OR CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR MATERIALS OR ANY LINKED WEBSITES IS TO STOP USING THE SITE, SERVICES OR THE LINKED WEBSITES
Nothing in these Terms shall be construed so as to exclude or limit the liability of the Operator or Indemnified Persons for death or personal injury as a result of the negligence of the Operator and/or Indemnified Persons. Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.
If any of these Terms should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
13. GOVERNING LAW
These Terms shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.
© Bath Forum Limited