Original URL: http://www.theregister.co.uk/2008/09/30/reg_ts_and_cs/
Welcome to The Register. The Register is a news organisation owned and operated by Situation Publishing that allows users who have created an account with us (“Members”) to post comments on contributions/articles and to receive newsletters through email subscriptions.
1. Your acceptance of these Terms
1.2 We reserve the right to change, modify, add or delete parts of these Terms at any time and without further notice. Such amendments shall be effective upon posting the revised Terms on the Website.
1.3 These Terms are binding on Members and on non-Members who access and use the Website (“Users”)
2. Access and Use of this Website
We hereby grant you permission to use the Website in accordance with these Terms, provided that (a) you use the Website solely for your personal, non-commercial use (b) you will not copy or distribute any part of the Website without our prior written authorisation (c) you will not alter, modify, edit or otherwise change any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose and (d) that you will comply with these Terms.
3. Registration and account security
3.1 To post comments on articles published on the Website and to receive email subscriptions, you will need to create an account, registering as a Member. You are not allowed to use another Member’s account unless you have his or her permission to do so.
3.2 You are solely responsible and liable for any activity occurring on your account, and you must keep your account password secret. You must inform us immediately of any breach of security or unauthorised use of your account by emailing us at firstname.lastname@example.org. We will investigate any security breaches and we have the right to suspend or terminate the account immediately. We will not be liable for any losses caused by the unauthorised use of your account, but you may be liable for our or other users’ losses caused by such unauthorised use.
4. Newsletter Subscription Emails
4.1 When you register an account with us, you will be asked whether you would like to receive different newsletter email subscriptions. If you do not want to receive such email subscriptions, please do not check any of the boxes.
4.2 If you want to unsubscribe from an email newsletter subscription, please email use the link at the top of the newsletters or email email@example.com.
5. Your obligations
5.1 You agree not to use the Website for any illegal purposes and agree to use it in accordance with all the relevant laws.
5.2 You agree not to upload, post on or transmit through the Website any computer viruses, macro viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer.
5.3 You will not post or otherwise disseminate on the Website any material which is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate (“Offensive Material”).
5.4 You will not use the Website in a manner that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is any way impaired.
5.5 You agree that you will not collect, collate or gather any personally identifiable information from the Website and agree that you will not use the communication systems provided by the Website for any commercial solicitation purposes.
5.6 You will not use the Website in any manner which violates or infringes the rights of any person, firm or company (including, but not limited to, intellectual property rights, confidentiality rights and privacy rights).
5.7 You agree that in the event that you have any right, claim or action against any User arising out of the User’s use of the Website, then you will pursue such right, claim or action independently of, and without recourse to us, except that if you notify us of any abuse of the Website which results in your right, claim or action (for example, you inform us of an offending article which is defamatory of or offensive about you, setting out the specific statement concerned, where it was posted and an explanation as to why it is defamatory or offensive about you), then we shall remove, delete, modify or alter (as appropriate) the posting in question and may terminate the offending User’s account if appropriate and at our sole discretion.
5.8 You agree that our content, trademarks, copyright, patents, logos, domain names and other related intellectual property rights belong to us and/or our affiliates or licensors and you will not do any act that infringes those rights.
6. Third Party Links
We may provide links to third party websites or resources on our Website. You hereby agree that we are not responsible or liable for the availability of such external websites or resources and acknowledge that we do not endorse and are not responsible or liable for the practices and contents (including defamatory, libellous and infringing content) in any the third party websites or resources, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with the use of or reliance on any such content, goods or services available on such websites and resources.
You agree that your correspondence with or participation in promotions of advertisers or merchants found on the Website, including any payment for the delivery of any related goods or services, any dealings between you and such parties are solely between you and such advertiser or merchant and you agree not to hold us liable for any loss or damage of any sort incurred as the result of any such dealings or as a result of the presence of such advertiser or merchant on the Website.
8. Rights in the Comments
8.1 We do not claim any proprietary rights in the comments that you post on our Website. You agree that you shall be solely responsible for your own comments and affirm that the comments you post on the Website are your own.
8.2 You retain all your ownership, copyright and other interests and rights in your comments but by posting any comments on our Website you grant us a non-exclusive irrevocable and royalty free worldwide licence to use, modify, alter, edit copy, reproduce, display, make compilations of and distribute such comments throughout our Website.
8.3 You shall be solely responsible for your own postings and the consequences of posting or publishing them. You retain all your proprietary rights in your postings.
8.4 You agree that you will not post falsehoods or misrepresentations that could damage us or any third party and that you will refrain from posting any Offensive Material.
8.5 You agree not to post advertisements or solicitations of business.
9. Notification of Abuse Procedures
9.1 We have in place a procedure by which Users may notify us of any abuse and non-compliance with the Terms; for example, if you see a comment posted on the Website that is offensive, you should be able to notify us of by sending an email to us to firstname.lastname@example.org. You should notify us of any comment posted on the Website that constitutes Offensive Material.
9.2 We will try to remove or delete any such comments as soon as practicable and may take any further action as we deem necessary.
9.3 If you have any complaints related to copyright, please write to email@example.com.
10. Acknowledgement by Users
10.1 You understand that when using the Website, you will be exposed to comments posted by Users and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such comments.
10.2 You further understand and acknowledge that you may be exposed to comments that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and agree to indemnify and hold us, our affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
11. Disclaimer and Limitation of Liability
11.1 We do not endorse any postings or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any material posted by Users on the Website.
11.2 We do not permit copyright, infringing activities, and infringement of intellectual property rights on our Website, and we will remove any postings if we are notified (using the relevant notification procedures) that such material infringes on another’s intellectual property rights.
11.3 We reserve the right to remove any postings without prior notice and at our sole discretion. We may also terminate any Member’s account if the Member breaches any of these Terms.
11.4 You agree that your use of the Website shall be at your sole risk. We are not responsible or liable in any manner for any comments posted by Members or any third party content (such as advertisements and links to third party websites).
11.5 Although we have established rules on material that Members cannot post on the Website, we do not control and are not responsible for what Members put on the Website. To the fullest extent permissible under the law, we, our officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Website and your use thereof.
11.6 We make no warranties or representations, whether express or implied, about the truth, accuracy, reliability, current or completeness of the Website’s content or the content of any websites linked to this site and we assume no liability or responsibility for any errors, mistakes, or inaccuracies of content.
11.7 We assume no 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.
11.8 Whereas we will take reasonable measures to ensure the security of our Website and of any personal information you provide us with, we will not be liable to you for any damages resulting from any unauthorised access to or use of our secure servers and/or any and all personal information stored in them.
11.9 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with these Terms for (a) any economic losses (including without limitation loss of revenues, profits, business), (b) any loss of goodwill or reputation (c) any special or indirect or consequential losses.
11.10 Nothing in these Terms shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our directors, officers, employees, or agents or any other liability which may not be limited or excluded under applicable law.
12.1 You agree to defend, indemnify and hold us, our subsidiaries, affiliates, officers, directors, employees, contractors, partners and agents, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal expenses) arising out of or in connection with content that you upload, post or transmit via the Website and your activities on the Website, your use of and access to the Website, any breach by you of the Terms and your violation of any third party right, including without limitation any copyright, property, or privacy right.
12.2 You agree that your obligation to indemnify us will continue even when this Agreement is terminated.
13. Data Protection
13.1 We aim to comply with the applicable Data Protection legislation from time to time in place. 13.2 We will disclose your personal data if we are requested to do so by law or by any regulatory or governmental authority, or upon receipt of a court order or a legitimate request by a third party (for example, the police) in investigating illegal activities to provide information concerning your activities on the Website.
13.3 We reserve the right to notify or provide information to the relevant authority if we believe that you have carried out or are in the process of carrying out any illegal activity.
13.4 If you agree (during the registration process or when entering competitions and other activities) to receive information/offers, etc from other companies (for example marketing and advertising companies), then we may pass your personal information and/or your activities on the Website to other companies.
13.5 We reserve the right to store and use your personal data solely for our own internal purposes and we reserve the right to access, monitor and retrieve password protected information in order to fulfil our obligations, both legal and as established under these Terms.
14.1 We may terminate your registration and account with us immediately and without notice (without prejudice to our other rights and remedies) and we may delete any comments you have posted on the Website.
14.2 You may terminate your account with us at any time on this page (you will have to log in to do so).
15. Severance of Terms
If the whole or part of any term or provision in these Terms is to any extent held to be void, invalid illegal or unenforceable under any enactment or rule of law, that term or provision or part of it shall to that extent be deemed not to form part of this agreement, and the validity and enforceability of the remainder of these Terms shall not be affected.
16. Law and Jurisdiction
These Terms (as amended from time to time) are exclusively governed by and are construed in accordance with the laws of England and Wales whose courts will have exclusive jurisdiction in any dispute or any proceedings arising out of or in connection with these Terms, save that we have the right to commence and pursue proceedings in alternative jurisdictions.