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  CommuniGate Terms and Conditions of Use  
 
 
 

If you wish to use CommuniGate, you will be subject to Newsquest's terms and conditions. Those terms and conditions are set out below. If you click on the "I Agree" link at the end of the terms and conditions, you shall be taken to have accepted that Newsquest's terms and conditions apply to your use of CommuniGate

TERMS AND CONDITIONS FOR USE OF
NEWSQUEST'S COMMUNIGATE FACILITY

In these Terms and Conditions the following terms shall have the following meanings:-

  1. Definitions
  2. "the Conditions" means these terms and conditions;
    "CommuniGate Website" means the facility set up by Newsquest to enable organisations and groups to build their own websites including information relating to their activities;
    "Member Site" means a website relating to a particular organisation or group, which forms part of the CommuniGate Website and, for the avoidance of doubt, includes all pages contained within such website;
    "Newsquest" means
    Newsquest Media Group Ltd
    58 Church Street
    Weybridge
    Surrey
    KT13 8DP
    "Participating Organisation" means the party which wishes to build a Member Site relating to its organisation or group as part of the CommuniGate Website

  3. Services provided by Newsquest

    1. Newsquest permits each Participating Organisation to construct and maintain one website within the CommuniGate Website. Newsquest will provide, free of charge, to the Participating Organisation, the use of such software and related technical information ("the Newsquest Software") which Newsquest in its absolute discretion, deems necessary to enable that Participating Organisation, to construct and maintain such website.
    2. All Newsquest Software can be used by the Participating Organisation only for the purpose of constructing and maintaining a Member Site. All Newsquest Software remains the sole property of Newsquest at all times and the Participating Organisation shall obtain no rights to it or to use it except as expressly set out herein. Upon removal of a Member Site from the CommuniGate Website for any reason, the Participating Organisation will return all Newsquest Software to Newsquest and shall not keep any copies.
    3. The Participating Organisation shall not provide or disclose the Newsquest Software to any third party or permit any third party to use the Newsquest Software.

  4. Participating Organisation's Obligations

    1. Each Participating Organisation shall:-
      1. create a website relating to its organisation or group as part of the CommuniGate Website, as soon as reasonably practicable after becoming a Participating Organisation and thereafter shall maintain its Member Site;
      2. update its Member Site not less frequently than every six weeks;
      3. follow any guidelines which Newsquest provides to it in relation to the form, layout and content of its Member Site;
      4. obtain Newsquest's prior written approval to any terms and conditions which it intends to use at the Member Site;
      5. inform Newsquest of any complaint it receives about its Member Site;
      6. not use its Member Site for the purposes of advertising, promoting, selling or supplying any goods or services or otherwise for commercial purposes;
      7. not permit any third parties to use the Member Site in any way which breaches Condition 3.I.vi.
      8. not insert any links on the Member Site to any sites which Newsquest reasonably believes are inappropriate or may compete with the CommuniGate Website;
      9. not disclose to any third party its password, or any other security devices or mechanisms provided to it by Newsquest in relation to its Member Site or otherwise knowingly do anything which would enable a third party to alter, add to or delete a Member Site without the prior written consent of Newsquest;
      10. if it runs a bulletin/discussion board on its Member Site, impose such conditions of use on the bulletin/discussion board as Newsquest may request and make such amendments to such conditions as Newsquest may request from time to time.
    2. The Participating Organisation acknowledges that Newsquest has access to the Member Site and shall be entitled to place on the Member Site advertisements for commercial customers of Newsquest. The Participating Organisation agrees that its Member Site shall not contain any advertisements, other than the said advertisements as referred to in this Condition.
    3. The Participating Organisation hereby grants to Newsquest a non-exclusive, worldwide, royalty free licence to copy, distribute, publish and use (in paper form, electronically or otherwise) and for that purpose to reformat, the material forming part of the Member Site, on the internet, on any website and in any newspaper or other publication published by Newsquest or any of its group companies. In connection therewith, the Participating Organisation hereby grants to Newsquest a non-exclusive, worldwide, royalty free licence to use its trade marks, trade names and logos in connection with such copying, distribution, publication and use of the said material.
    4. The Participating Organisation acknowledges that it will not acquire any rights to copyright, trade marks, trade names or other intellectual property rights owned or used by Newsquest or its group companies except as expressly set out herein.

  5. Cancellation by Participating Organisation

    1. If the Participating Organisation no longer wishes to maintain its Member Site, it shall give Newsquest not less than 1 week's prior written notice. At the expiry of the said notice, Newsquest shall remove the said Member Site from the CommuniGate Website. This shall not affect the Participating Organisation's obligations under Condition 6.

  6. Rights of Newsquest

    1. Newsquest retains the right, in its sole discretion, to refuse to allow any party to build a Member Site.
    2. Newsquest, may, in its sole discretion, at any time, without liability to the Participating Organisation, delete any Member Site from the CommuniGate Website, prevent access to a Member Site or make any amendments or additions to the material contained on a Member Site, Such action, shall be without prejudice to the Participating Organisation's obligations under Condition 6.

  7. Contents of Member Site

    1. The Participating Organisation undertakes and warrants to Newsquest that:-
      1. it either owns the copyright in the content of its Member Site or else has the right to use the content of its Member Site;
      2. the content of its Member Site does not and will not consist of any material which, or the accessing of which, is offensive, pornographic, unlawful, defamatory or obscene in any part of the world;
      3. the content of its Member Site does not and will not contain any material which infringes any copyright or other intellectual property rights or rights to confidential information belonging to third parties or any other third party rights whatsoever;
      4. the content of its Member Site does and will comply with all applicable law and regulations; and
      5. the content of its Member Site is and will be accurate and not misleading.
    2. In operating its Member Site and any bulletin board forming part thereof, the Participating Organisation shall comply with its obligations under the Data Protection Acts 1984 and 1998 and other similar statutory provisions enforceable from time to time in other parts of the world.
    3. To the extent that the Participating Organisation is in breach of any warranties set out in Condition 6.I or the said warranties are not true or accurate or the Participating Organisation is otherwise in breach of these Conditions, the Participating Organisation shall indemnify (and keep indemnified) Newsquest and its group companies against all losses, expenses, damages and claims that may arise as a result.
    4. The Participating Organisation undertakes to indemnify (and keep indemnified) Newsquest against any losses, expenses, damages and claims which it may incur as a result of any use of the Member Site by the Participating Organisation.

  8. Exclusion of Warranties and Liability

    1. THE SERVICES PROVIDED TO THE PARTICIPATING ORGANISATION BY NEWSQUEST HEREUNDER ARE PROVIDED FREE OF CHARGE. NEWSQUEST DOES NOT GIVE ANY WARRANTY AND MAKES NO REPRESENTATIONS ABOUT THE SERVICES PROVIDED HEREUNDER. IN PARTICULAR, WITHOUT LIMITATION, NEWSQUEST GIVES NO WARRANTIES AND MAKES NO REPRESENTATIONS RELATING TO THE AVAILABILITY OF THE COMMUNIGATE WEBSITE OR THE MEMBER SITE OR AS TO THE NEWSQUEST SOFTWARE OR IN RESPECT OF ANY SECURITY BREACHES WHICH MAY OCCUR AT THE COMMUNIGATE WEBSITE OR THE MEMBER SITE. ALL WARRANTIES, REPRESENTATIONS AND TERMS WHICH MAY OTHERWISE HAVE BEEN IMPLIED INTO THIS AGREEMENT BY LAW OR OTHERWISE ARE HEREBY EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
    2. NEWSQUEST SHALL NOT BE LIABLE TO THE PARTICIPATING ORGANISATION IN ANY CIRCUMSTANCES FOR SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR FOR ECONOMIC LOSS, INCLUDING LOSS OF PROFITS, BUSINESS, REVENUE, GOODWILL OR ANTICIPATED SAVINGS, HOWSOEVER ARISING AND WHETHER CLAIMED UNDER CONTRACT, TORT, NEGLIGENCE OR OTHERWISE AND WHETHER OR NOT SUCH LOSS IS REASONABLY FORESEEABLE OR MADE KNOWN BY THE PARTICIPATING ORGANISATION TO NEWSQUEST.
    3. FOR THE AVOIDANCE OF DOUBT, NEWSQUEST SHALL HAVE NO LIABILITY TO THE PARTICIPATING ORGANISATION WHATSOEVER RESULTING FROM THE PARTICIPATING ORGANISATION'S USE OR ATTEMPTED USE OF THE MEMBER SITE OR THE NEWSQUEST SOFTWARE OR ANY SUCH USE BY THIRD PARTIES.
    4. NOTHING IN THIS CLAUSE SEEKS TO LIMIT NEWSQUEST'S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE FOR WHICH LIABILITY WILL BE UNLIMITED.

  9. Personal Information/Data Protection

    1. All information of whatever nature provided to Newsquest by the Participating Organisation will be stored on computer. Each Participating Organisation consents to Newsquest using such information for marketing purposes, including making the Participating Organisation aware of products/services which, in the opinion of Newsquest, it may find of interest. Newsquest may pass all said information to other companies in the Newsquest group, whether such companies are based in the US or the UK or elsewhere. The Participating Organisation agrees to such use of the said information by becoming a Participating Organisation. If at any time thereafter the Participating Organisation objects to such use of that information of wishes to terminate such use of such information, it must inform Newsquest in writing. All information may be retained by Newsquest and so used for up to six months after the Member Site is removed from the CommuniGate Website.

  10. General

    1. Newsquest shall not be required to provide any services hereunder to the extent and for so long as it is prevented from doing so by any circumstances beyond its reasonable control (which shall include, without limitation, the unavailability of access to the internet, failure of third party software, systems, equipment or networks and failure of third party suppliers and subcontractors).
    2. These Conditions may be amended from time to time by Newsquest by means of e-mail notice. The Participating Organisation shall be bound by such amended Conditions unless it sends Newsquest a cancellation notice pursuant to Condition 4.
    3. No other terms and conditions, other than these Conditions, apply to use of the CommuniGate Website.
    4. Newsquest reserves the right to assign its rights under these Conditions to any member of the Newsquest group of companies.
    5. A Participating Organisation may not assign, charge, sub-licence, sub-contract or otherwise deal with all or any of its rights or obligations under these Conditions in whole or in part, without the prior written consent of Newsquest.
    6. These Conditions will be governed by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction over all matters arising pursuant hereto.