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:-
||means these terms and conditions;
||means the facility set up by Newsquest to enable organisations and groups
to build their own websites including information relating to their activities;
||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 Media Group Ltd
58 Church Street
||means the party which wishes to build a Member Site relating to its
organisation or group as part of the CommuniGate Website
- Services provided by Newsquest
- 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.
- 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.
- The Participating Organisation shall not provide or disclose the Newsquest
Software to any third party or permit any third party to use the Newsquest
- Participating Organisation's Obligations
- Each Participating Organisation shall:-
- 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
- update its Member Site not less frequently than every six weeks;
- follow any guidelines which Newsquest provides to it in relation
to the form, layout and content of its Member Site;
- obtain Newsquest's prior written approval to any terms and conditions
which it intends to use at the Member Site;
- inform Newsquest of any complaint it receives about its Member Site;
- not use its Member Site for the purposes of advertising, promoting,
selling or supplying any goods or services or otherwise for commercial
- not permit any third parties to use the Member Site in any way
which breaches Condition 3.I.vi.
- not insert any links on the Member Site to any sites which Newsquest
reasonably believes are inappropriate or may compete with the CommuniGate
- 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;
- 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.
- 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.
- 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.
- 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.
- Cancellation by Participating Organisation
- 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.
- Rights of Newsquest
- Newsquest retains the right, in its sole discretion, to refuse to allow
any party to build a Member Site.
- 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.
- Contents of Member Site
- The Participating Organisation undertakes and warrants to Newsquest
- 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;
- 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;
- 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;
- the content of its Member Site does and will comply with all applicable
law and regulations; and
- the content of its Member Site is and will be accurate and not
- 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.
- 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.
- 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.
- Exclusion of Warranties and Liability
- 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.
- 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.
- 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.
- 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.
- Personal Information/Data Protection
- 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.
- 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).
- 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.
- No other terms and conditions, other than these Conditions, apply to
use of the CommuniGate Website.
- Newsquest reserves the right to assign its rights under these Conditions
to any member of the Newsquest group of companies.
- 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.
- 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.