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Terms and Conditions

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of the Aylesbury & The Vale website ‘VALE-WEB’, whether as a visitor or a registered user. Please read these terms of use carefully before you start to use VALE-WEB ‘our site’. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

1. Information about us

Our site is operated by Vale Web Marketing Limited ‘VWM’ (see COMPANY INFORMATION).

2. Accessing our site

2.1 Although every effort is made to ensure uninterrupted operation of our site, we give no warranties as to the continuous operation of it and accept no liability for any time it is not operational due to faults or maintenance. We reserve the right to withdraw or amend the service we provide without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

2.2 Access to certain areas of our site is restricted to registered users ‘Restricted Areas’ and you will only be able to access these Restricted Areas through registering your details with us. You may be provided with a user identification code and password for any Restricted Areas and you shall be responsible for any use of your user profile on such Restricted Areas.

2.3 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

3. Intellectual property rights

3.1 Except where may be otherwise stated on some individual pages, we are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

3.2 You agree not to copy, reproduce, transmit, extract, adapt or distribute materials from our site except for your own personal non-commercial reference and you may draw the attention of others to material posted on our site.

3.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

3.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

3.5 You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

3.6 If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

4. Reliance on information posted

4.1 We disclaim all liability and responsibility arising from any reliance placed on commentary and other materials placed on our site by any visitor or contributor to it, or by anyone who may be informed of any of its contents.

4.2 We give no warranties or representations as to the completeness or accuracy of the information on our site, the ownership, quality, authenticity, compliance with description or fitness for purpose of any goods or services advertised, or the completeness of the results of any search of our site.

4.3 The material on our site is designed to comply with English law and we cannot be held responsible for any non-compliance with applicable local laws in any other jurisdiction.

5. Our site changes regularly

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it for indefinite periods. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material although every effort is made to keep it current.

6. Our liability

6.1 We will 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 our site or to your downloading of any material posted on it, or on any website linked to it.

6.2 The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and other parties connected to us hereby expressly exclude:

6.2.1 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

6.2.2 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

6.2.2.1 loss of income or revenue;

6.2.2.2 loss of business;

6.2.2.3 loss of profits or contracts;

6.2.2.4 loss of anticipated savings;

6.2.2.5 loss of data;

6.2.2.6 loss of goodwill;

6.2.2.7 wasted management or office time; and

6.2.2.8 for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

6.2.3 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

7. Information about you and your visits to our site

We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

8. Contributions to our site

8.1 Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the Content Standards set out below. You warrant that any such contribution does comply with our Content Standards, and you indemnify us for any breach of that warranty.

8.2 Unless otherwise agreed between us, any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

8.3 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

8.4 We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the Content Standards.

9. Content Standards

9.1 These Content Standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.

9.2 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

9.3 Contributions must:

9.3.1 Be accurate (where they state facts).

9.3.2 Be genuinely held (where they state opinions).

9.3.3 Comply with applicable law in the UK and in any country from which they are posted.

9.4 Contributions must not:

9.4.1 Contain any material which is defamatory of any person.

9.4.2 Contain any material which is obscene, offensive, hateful or inflammatory.

9.4.3 Promote sexually explicit material.

9.4.4 Promote violence.

9.4.5 Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

9.4.6 Infringe any copyright, database right or trade mark of any other person.

9.4.7 Be likely to deceive any person.

9.4.8 Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

9.4.9 Promote any illegal activity.

9.4.10 Be threatening, abuse or invade another´s privacy, or cause annoyance, inconvenience or needless anxiety.

9.4.11 Be likely to harass, upset, embarrass, alarm or annoy any other person.

9.4.12 Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

9.4.13 Give the impression that they emanate from us, if this is not the case.

9.4.14 Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

10. Advertisements

10.1 All advertisements must comply with the British Code of Advertising Practice in force from time to time and all other relevant advertising (or other) legislation.

10.2 You confirm that you have all relevant consents, licences and approvals to publish the advertisement and that such publication shall not breach any third party intellectual property or other rights, and you shall indemnify us in respect of all actions, proceedings, costs and claims arising from any breach of this condition.

10.3 You confirm that you have the right to sell the goods and/or offer the services set out in the advertisement and that they comply with any applicable law or regulation.

10.4 It is your responsibility to check that your advertisement is correct and to notify us of any errors. We accept no liability for any advertisements becoming out-of-date, or otherwise being factually inaccurate. We shall not be liable to you in contract, in tort or otherwise for any loss of profits, business, revenue, opportunity, goodwill or anticipated savings nor for any indirect, consequential or economic loss whatsoever arising in connection with your advertising on our site.

10.5 It is your responsibility to check that your advertisement is correct and any errors found shall be notified to us prior to publication.

10.6 All copy supplied electronically must be in the formats specified in our guidelines for the transfer of electronic copy, (details of which are available on request).

10.7 If notwithstanding the provisions of these terms of use purporting to exclude or limit our liability we are found liable to you then our total liability to you in contract, tort or otherwise shall be limited to the total of such fees paid or payable by you to us for the advertisement in connection with which such liability arises.

10.8 You agree that you are responsible for all complaints, legal actions or threatened legal actions relating to an advertisement and agree to keep us indemnified from all costs, damages and other losses howsoever arising from the publication of any advertisement on our site

10.9 You agree to further indemnify us against any losses we suffer as a result of your sending us material containing viruses or other files which cause damage or corruption to our site.

11. Prohibited uses

11.1 You may use our site only for lawful purposes. You may not use our site:

11.1.1 In any way that breaches any applicable local, national or international law or regulation.

11.1.2 In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

11.1.3 To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards.

11.1.4 To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

11.1.5 To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, logic bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our 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 the Computer Misuse Act 1990. 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 our site will cease immediately.

12. Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

13. General

13.1 Our failure to insist upon the strict performance of any of your obligations under these terms of use will not be construed as a waiver and will not affect our rights to require strict performance of such obligations.

13.2 If any provision of these terms of use or part thereof is found to be invalid or unenforceable, the invalidity or unenforceability of such provision or part will not affect any other provision or the remainder of the provision in which such invalid or unenforceable part is contained, which will remain in full force and effect.

13.3 Nothing in these terms of use which form the agreement between you and us will give nor is intended to give rights to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

13.4 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use are governed by English law.

13.5 Neither we nor our affiliates make any representation that materials on this website are appropriate or available for use in locations outside the United Kingdom, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws.

13.6 A person who is not a party to these terms of use shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce or rely upon any provision of them.

13.7 These terms of use, along with any additional rules or conditions referred to herein and the Privacy Policy constitute the entire agreements and understanding between you and us as to your use of this website superseding all prior or contemporaneous communications and/or proposals.

13.8 Your rights under these terms of use are personal to you and us and you shall not assign or transfer them. We shall be able to assign or transfer our rights under these terms of use at will.

14. Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

15. Your concerns

If you have any concerns about material which appears on our site, please contact enquiries@aylesburyvale.net.

Thank you for visiting our site.

Vale Web Marketing Limited
Aylesbury

February 2010

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