Copyright and Legal Notice
IMPORTANT:
YOU MUST READ THE TERMS AND CONDITIONS OF THIS AGREEMENT
BEFORE ACCESSING AND USING THE WEB SITE. BY ACCESSING AND USING THE
WEB SITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET OUT
BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS,
YOU MAY NOT USE ACCESS OR USE THE WEB SITE.
1. Definitions
"Information" means all material delivered by Telos Publishing
Ltd. through this web site (the "Web Site"). "User" means
you, the Web Site end-user. "Contract" means this Web Site agreement.
2. Warranty
THE WEB SITE AND THE INFORMATION ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS AND Telos Publishing Ltd.
MAKES NO WARRANTIES OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED,
IN RELATION TO THE INFORMATION OR THE WEB SITE, INCLUDING BUT NOT LIMITED
TO IMPLIED WARRANTIES OR CONDITIONS OF COMPLETENESS, ACCURACY, SATISFACTORY
QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
3. Liability
THE USER AGREES THAT, EXCEPT FOR DEATH AND PERSONAL INJURY ARISING
FROM THE NEGLIGENCE OF Telos Publishing Ltd., Telos
Publishing Ltd. SHALL NOT BE LIABLE IN CONTRACT, TORT,
NEGLIGENCE, STATUTORY DUTY OR OTHERWISE, FOR ANY LOSS OR DAMAGE WHATSOEVER
ARISING FROM OR IN ANY WAY CONNECTED WITH THIS CONTRACT, INCLUDING
WITHOUT LIMITATION, DAMAGE FOR LOSS OF BUSINESS, LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER
PECUNIARY LOSS (EVEN WHERE Telos Publishing Ltd. HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE).
4. Rights Granted/Rights Reserved
Telos Publishing Ltd. provides the
Information to the User solely for the personal purposes of the User
and the User may download the Information onto only one computer hard
drive for such purpose. The Information may not be used for any other
purpose including, publication, reproduction, or transmission without
the express written permission of Telos Publishing
Ltd., subject to which the User may upload and /
or send material derived from the Information or other material to Telos
Publishing Ltd. By uploading or sending any material
to Telos Publishing Ltd. the User
thereby grants to Telos Publishing Ltd. an
irrevocable, unconditional worldwide, royalty free licence to use such
material or any part of it in perpetuity in any and all media and in
any manner it may determine in its sole discretion. Furthermore, the
User thereby waives all so-called moral rights or other such similar
rights in such material.
5. The Web Site User acknowledges: (a)
that it is technically impossible to provide the Web Site free of faults
and that Telos Publishing Ltd. does
not undertake to do so; (b) that faults may lead to temporary unavailability
of the Web Site; and (c) that the operation of the Web Site may be
adversely affected by conditions and performances outside Telos
Publishing Ltd's control.
6. Third Party Information
The User further acknowledges that some of the Information, for example
software, is supplied to Telos Publishing Ltd. by
third parties and accordingly Telos Publishing Ltd. offers
no warranty of whatever nature in relation to such Information.
7. Use of the Web Site/Indemnification
The User undertakes: (a) not to use the Information for any unlawful
purpose; (b) that it shall not make any use of the Web Site so that
the Web Site is interrupted, damaged, rendered less efficient, or
the functionality of the Web Site is in any way impaired; (c) not
to use the Web Site for the transmission or posting of any computer
viruses or any material which is defamatory, offensive or of an obscene
or menacing character, or in such a way as to cause annoyance, inconvenience
or needless anxiety; (d) not to use the Web Site in a manner which
constitutes a violation or infringement of any person, firm or company
(including but not limited to rights of copyright or confidentiality);
(e) that it shall not use the Web Site to transmit any material for
the purposes of publicity, promotion and/or advertising without the
prior written consent of Telos Publishing Ltd. unless
such transmission has been specifically requested by another user
of the Web Site; and (f) that in the event that it has any right,
claim or action against any other user arising out of the use of
the Web Site it shall pursue such right, claim or action independently
of, and without recourse to, Telos Publishing Ltd. The
User will indemnify and defend Telos Publishing Ltd. against
all claims, liability, damages, costs and expenses, including legal
fees, arising out of a breach of this Contract or any use of the
Information or the Web Site by the User. The User acknowledges that Telos
Publishing Ltd. has no control over the nature
or content of information or programs transmitted or received by
the User using the Web Site and that Telos Publishing
Ltd. does not examine in any way the use to which
the User puts the Web Site. The User agrees to fully indemnify Telos
Publishing Ltd. against any claims or legal proceedings
arising in connection with User's use of the Web Site which are brought
or threatened against Telos Publishing Ltd. by
any other person.
8. Intellectual Property
The User acknowledges that all copyright, trade marks and all other
intellectual property rights in the Information shall remain vested
in Telos Publishing Ltd. or its
licensors including BBC Television, BBC
Worldwide Ltd., Roger Hancock Ltd., 'Urban
Gothic Productions (no 2) Limited' etc.
9. Suspension and Termination
Telos Publishing Ltd.shall have
the right to immediately terminate this Contract and/or suspend the
Web Site if the User commits a breach of these terms and conditions.
10. User Data
Telos Publishing Ltd. reserves the
right to include the name, address and other relevant information relating
to the User in a directory for the use of Telos Publishing
Ltd. to 61 Elgar Avenue, Tolworth, Surrey, KT5 9JP,
unless specifically requested by the User in writing not to do so.
11. Links
Telos Publishing Ltd. is not necessarily
affiliated with sites which may be linked to or from this site and
is not responsible for their content ("Linked Sites"). The
Linked Sites are for your convenience only and you access them at your
own risk.
12. Changes to the Terms and Conditions
Telos Publishing Ltd. reserves the
right to change these terms and conditions from time to time by placing
a note of such change in this file, and the User's continued use of
the Web Site following notice of such change shall be deemed to be
the User's acceptance of any such change. It is the User's responsibility
to check this file regularly to determine whether this Contract has
been changed. If the User does not agree to any change to the terms
and conditions of this Contract then the User must immediately stop
using the Web Site.
13. Severability
Each provision of this Contract excluding or limiting liability shall
be construed separately, applying and surviving even if for any reason
one or other of those provisions is held to be inapplicable or unenforceable
in any circumstances and shall remain in force notwithstanding the
termination of this Contract.
14. No Waiver
No waiver by Telos Publishing Ltd. shall
be construed as a waiver of any proceeding or succeeding breach of
any provision.
15. Choice of Law
This Contract shall be governed by English law and the parties hereby
irrecoverably submit to the exclusive jurisdiction of the English
Courts.
Telos Publishing Ltd. 15/01/01
© Telos Publishing Ltd. 2001