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Magazine > St Helens Now Info > Terms of Use
Terms of Use
Published by Sthelensnow on 25/2/09 (6729 reads)
Terms And Conditions Of Use

1. ACCEPTANCE OF TERMS

The St Helens Now organisation, provides the information and services on the St Helens Now site to you, the user, conditioned upon your acceptance, without modification, of the terms and conditions of use ("Terms") contained herein. Your use of the St Helens Now site constitutes agreement with such Terms.

Before using the St Helens Now site, please carefully read this agreement relating to your use of the St Helens Now site. By using the St Helens Now site, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use the St Helens Now site.

St Helens Now reserves the right, at St Helens Now's sole discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon posting of the modified agreement to the website unless provided otherwise (e.g., when implementing major, substantive changes, St Helens Now intends to provide users with up to fourteen days of advance notice). Your continued use of the the St Helens Now site following the posting of changes to these Terms will mean that you accept those changes.

Use of the St Helens Now site constitutes full acceptance of and agreement to the Terms; if a user does not accept St Helens Now's Terms, he or she is not granted rights to use the St Helens Now site as defined herein, and should refrain from accessing the St Helens Now site.

To update these Terms, St Helens Now will post both the changed version and its effective date at St Helens Now site.

St Helens Now reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any or all the St Helens Now site (or any part thereof). St Helens Now shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.

2. NO UNLAWFUL OR PROHIBITED USE

By using the St Helens Now site, you warrant to St Helens Now that you will not use the St Helens Now site, or any of the content obtained from the St Helens Now site, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the St Helens Now site automatically terminates.

3. DESCRIPTION OF SERVICES

The St Helens Now site is owned and operated by St Helens Now for the purpose of development, discussion, implementation and innovation related to St Helens. The St Helens Now site provide news, sports, entertainment, education and communication to the St Helens community as well as the user base of the St Helens Now System.
(the "Purpose").

4. REGISTRATION OBLIGATIONS

When requested, each St Helens Now site user must: (1) personally provide true, accurate, current and complete information on the St Helens Now site's registration form (collectively, the "Registration Data") and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, St Helens Now has reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, St Helens Now may suspend or terminate that user's account and prohibit any and all current or future use of the the St Helens Now site (or any portion thereof) by that user other than as expressly provided herein.

Each user will receive passwords and account designations upon completing certain St Helens Now site registration processes and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder. St Helens Now cannot and will not be liable for any loss or damage arising from a user's failure to comply with this Section 4, including any loss or damage arising from any user's failure to: (1) immediately notify St Helens Now of any unauthorized use of his or her password or account or any other breach of security; and (2) ensure that he or she exits from his or her account at the end of each session.

St Helens Now handles user Registration Data in accordance with the the St Helens Now site' Privacy Policy.

5. CONTENT

All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, "Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that the user, and not St Helens Now, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via the St Helens Now site. No user shall transmit Content or otherwise conduct or participate in any activities on the St Helens Now site that, in the judgment of St Helens Now, is likely to be prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscenity, or the permissible uses of intellectual property.

St Helens Now reserves the right to refuse or delete any Content of which it becomes aware and reasonably deems not to fulfill the Purpose. In addition, St Helens Now shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it reasonably considers to violate the Terms or be otherwise illegal. St Helens Now, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by St Helens Now to protect the rights, property, or personal safety of the St Helens Now site' users and the public. St Helens Now does not control the Content posted to the the St Helens Now site and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will St Helens Now be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the St Helens Now site.

Each user, by using the St Helens Now site, may be exposed to Content that is offensive, indecent or objectionable. Each user must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

6. LICENSING AND OTHER TERMS APPLYING TO CONTENT POSTED ON THE St Helens Now site:

Use, reproduction, modification, and other intellectual property rights to data stored on the the St Helens Now site will be subject to licensing arrangements that may be approved by St Helens Now as applicable to such Content. For St Helens Now use, reproduction, modification, and other intellectual property rights to data stored in SVN/CVS or as a file release and posted by any user shall be subject to the OSI-approved license applicable to such Source Code, or to such other licensing arrangements as may be approved by St Helens Now as applicable to such Source Code.

With respect to text or data entered into and stored by publicly-accessible site features such as forums, comments and bug trackers ("St Helens Now Public Content"), the submitting user retains ownership of such St Helens Now Public Content; with respect to publicly-available statistical content which is generated by the site to monitor and display content activity, such content is owned by St Helens Now. In each such case, the submitting user grants St Helens Now the royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, all subject to the terms of any applicable license.

With respect to content posted to private areas of the St Helens Now site St Helens Now (e.g., private development tools or mail), the submitting user may grant to St Helens Now or other St Helens Now users such rights and licenses as the submitting St Helens Now user deems appropriate.

Content located on any St Helens Now-hosted subdomain which is subject to the sole editorial control of the owner or licensee of such subdomain, shall be subject to the appropriate license applicable to such Content, or to such other licensing arrangements as may be approved by St Helens Now as applicable to such Content.

7. NO RESALE OF SERVICE

You agree not to sell, resell, or offer for any commercial purposes, any portion of the the St Helens Now site, use of the St Helens Now site, or access to the St Helens Now site.

8. GENERAL PRACTICES REGARDING USE AND STORAGE

St Helens Now may establish general practices and limits concerning use of the St Helens Now site. While St Helens Now will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, St Helens Now has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by any St Helens Now site. St Helens Now reserves the right to mark as "inactive" and archive accounts and/or Content that are inactive for an extended period of time. St Helens Now reserves the right to change these general practices at any time, in its sole discretion, with notice to users and the public as described in Section 1 above.

9. TERMINATION

St Helens Now may terminate a user's account in St Helens Now's absolute discretion and for any reason. St Helens Now is especially likely to terminate for reasons that include, but are not limited to, the following: (1) violation of these Terms; (2) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; (3) use of an St Helens Now site in a manner inconsistent with the purpose; (4) a user's request for such termination; or (5) as required by law, regulation, court or governing agency order.

St Helens Now's termination of any user's access to any or all the St Helens Now site may be effected without notice and, on such termination, St Helens Now may immediately deactivate or delete user's account and/or bar any further access to such files. St Helens Now shall not be liable to any user or other third party for any termination of that user's access or account hereunder. In addition, a user's request for termination will result in deactivation but not necessarily deletion of the account. St Helens Now reserves the right to delete, or not delete, a user's account at St Helens Now's sole discretion, as well as to delete, or not delete, content at St Helens Now's sole discretion.

10. LINKS

St Helens Now, any St Helens Now site or a third party may provide links to other websites. St Helens Now exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. St Helens Now shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk.

The the St Helens Now site' Privacy Statement is applicable only when you are on an St Helens Now site. Once you choose to link to another website, you should read that website's privacy statement before disclosing any personal information.

11. INDEMNITY; DISCLAIMER; LIMITATIONS OF LIABILITY

Each user shall indemnify, defend and hold harmless St Helens Now, and its parent corporation and affiliates and their respective officers, employees and agents, and each of St Helens Now's website partners, from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys' fees, made by any third party due to or arising out of that user's acts or omissions, including claims arising out of that user's use of the the St Helens Now site; his or her submission, posting or transmission of Content or his or her violation of the Terms.

EACH USER'S USE OF THE St Helens Now site IS AT HIS OR HER SOLE RISK. THE St Helens Now site ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND St Helens Now ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. St Helens Now EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, St Helens Now MAKES NO WARRANTY THAT (i) THE St Helens Now site OR ANY SERVICE THEREON WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. EXCLUDING ONLY DAMAGES ARISING OUT OF St Helens Now's GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, St Helens Now SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF St Helens Now HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER'S USE OR INABILITY TO USE ANY St Helens Now site OR SERVICES THEREON; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE THE St Helens Now site; OR ANY OTHER MATTER RELATING TO THE St Helens Now site. IN NO EVENT SHALL St Helens Now'S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED 1,000.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN St Helens Now AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, St Helens Now DOES NOT AND CANNOT CONTROL THE ACTIONS OF St Helens Now site USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO THE St Helens Now site. OPERATION OF the St Helens Now site MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY St Helens Now.

12. COPYRIGHTS

St Helens Now respects the intellectual property rights of others, and requires that the people who use the the St Helens Now site do the same. It is our policy to respond promptly to claims of intellectual property misuse.

If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:

(1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;

(2) identification of the copyrighted work that you claim has been infringed;

(3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit St Helens Now to locate the material, including the full URL.

(4) your name, address, telephone number, and email address.

(5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(6) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

If St Helens Now receives such a claim, St Helens Now reserves the right to refuse or delete Content as described under Section 5 hereto, or to terminate a user's account in accordance with Section 9.

Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act OF 1998 ("DMCA") is:

St Helens Now Project Council

After receiving a claim of infringement, St Helens Now will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, St Helens Now will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. St Helens Now will take reasonable steps to expeditiously notify the subscriber that it has removed or disabled access to such material.

Upon receipt of a proper counter notification under the DMCA, St Helens Now will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that it will replace the removed material or cease disabling access to it in ten (10) to fourteen (14) business days. Additionally, St Helens Now will replace the removed material and cease disabling access to it ten (10) to fourteen (14) business days following receipt of the counter notice, unless St Helens Now's designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the St Helens Now system or network.

You may provide us with a counter notification by providing our copyright agent the following information in writing:

(1) your physical or electronic signature;

(2) identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled, including the full URL;

(3) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

(4) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which St Helens Now may be found and that you will accept service of process from the person who provided the initial notification of infringement.

13. GENERAL INFORMATION

The Terms constitute the entire agreement between each user and St Helens Now and govern each user's use of the St Helens Now site, superseding any prior agreements. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. The Terms and the relationship between each user and St Helens Now shall be governed by the laws of England and Wales without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within England and Wales. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

14. VIOLATIONS

Please report any violations of the Terms (except for claims of intellectual property infringement) to the St Helens Now Project Council to barry.grady@sthelensnow.com

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