Newzbin:Terms and Conditions
(Redirected from LegalDisclaimer)
In order to use Newzbin you must first agree to all the terms and conditions detailed here.
When you sign up, or each time you log on, you agree to the following terms and conditions, which you should read. You should also read the site's privacy policy.
[edit] 1. DEFINITIONS
- Site
- Means the website at Newzbin.com and all its features.
- Service
- Means the facilities provided by the Site.
- We or Us
- Means the owners of the Site.
- User
- Means you the Guest or Member or Premium Member.
- Guest/Member/Premium Member
- Means, respectively, a non-member, a member who pays no fees and a member who does pay fees.
- Editor
- Means a member given the role of indexing Usenet postings.
- Usenet
- Means the forums provided on third party servers using the NNTP Internet protocol.
- Groups
- Means the topic specific forums found on Usenet.
- Display Names
- Any names or aliases submitted to the site that you wish to use.
- Profile
- A paragraph of information about you.
[edit] 2. THE SERVICE
We provide you with a search service to locate binary files to be found on Usenet. The Site capabilities that you have are governed by whether you are a Premium Member, a Member or a Guest and the features defined at http://docs.newzbin.com/Newzbin:Feature_Overview.
[edit] 3. OUR AGREEMENT WITH YOU
The Site will be provided subject to this Agreement. The headings provided herein are for convenience only & do not affect the construction of this Agreement. You agree that use of this Site is subject solely to the terms provided herein. These terms may vary from time to time and you agree to check them periodically.
[edit] 4. YOUR USE OF THE SITE
Use of the Site is subject to the terms and conditions on this page. If you do not agree to them then you may not use the Site and you must leave it immediately. Because our Site is constantly evolving and changing these terms and conditions may need to vary or change and you agree to review them periodically. You will be notified of a change in terms and conditions which you must then accept to continue using this Site. Amendments take effect from the date that they are sent to you.
You may only use the Site for lawful purposes. In particular you may not use the Site to transmit defamatory, offensive or abusive material or material of an obscene or menacing character, or which promotes hatred, violence or illegal conduct, or in breach of copyright or any other intellectual property rights, or in contravention of the Computer Misuse Act 1990 or any other relevant legislation or the rights of another User.
You may only register yourself as a user of the Site.
You may not make copies of the Site or our data or any part of it without our prior express written consent except to the extent permitted by law or as a result of the normal technical consequences of accessing the Site, for example and without limitation, by the use of your browser or proxy.
You agree to keep the personal information you submit to the Site up to date and relevant.
The Site may contain links to external sites or external data or provide information from third parties. We provide these for our mutual benefit but we are not responsible for the content of external sites or the validity of third party data or the data provided by others and we decline all responsibility for them in accordance with this Agreement. It is for you to verify the security and usefulness of such links or data.
You are solely responsible for your use of the Site. We accept no responsibility for the consequences to any party of your use of the Site and and in accordance with the terms of this Agreement
You agree not to send unsolicited e-mails to users of the Site.
[edit] 4.1. FORUMS
We reserve the right to use remove or change any submissions to us. You agree that submissions to this Site are intended to be published unless you explicitly say in writing that they are not, and you give your consent to such publication. Where you use third party material you must have the rights to do so and you indemnify us in accordance with the terms of this Agreement if this is not so.
[edit] 4.2. EDITORS
In certain circumstances you may be given the role of an Editor, as described at http://docs.newzbin.com/Editor:Basics. In executing this role you must comply with such guidelines as are provided in this Agreement as well as any guidelines published by us on the Site which shall be deemed to be incorporated into this Agreement.
When acting as editor you may not do any act which would assist enable incite or encourage any unlawful acts by any other person. Specific but not exhaustive examples of such acts would be the creation of or editing of NZB or NFO files or hyper-links relating to 'warez', unlicensed movies or music, child pornography or other unlawful obscenity, terrorist or unlawful drugs materials. These are not definitive examples and any unlawful act is prohibited. You should be aware that we may be required by law to assist copyright owners or the authorities in tracing Editors who undertake such acts.
If you breach these requirements in any manner that damages us we may seek an indemnity from you as provided for in this Agreement.
[edit] 4.3. YOUR INDEMNITY TO US
By using this Site and entering into this Agreement you agree that if you do any act which is in breach of this Agreement and which causes us or our employees related companies partners affiliates directors agents or subcontractors to be subject to any pecuniary criminal or imperative disadvantage then you agree to give an indemnity against it including without limitation any damages costs loss of profits disbursements penalties or fines.
[edit] 5. OUR OBLIGATIONS
[edit] 5.1. AVAILABILITY
From time to time the Site may have to be suspended without prior notice. If this ever happens we will endeavour to restart the Site as quickly as possible in such circumstances. We will not be responsible for any consequences that you may suffer as a result.
[edit] 5.2. MONITORING
You agree that because of the size of Usenet and of this Site it is not practical for us to monitor activity on either of them and that this Clause 5.2 represents a reasonable obligation to you. Newzbin cannot and does not monitor e-mails or private messages or postings and it is not responsible to you for any such matter of which it has not been made previously aware. We disclaim responsibility and any liability to you for the content of such matter, we reserve the right to delete, move, or edit any matter that we determine violates our usage policy.
[edit] 5.3. DATA PROTECTION & PRIVACY
Our obligations are outlined in Clause 11 of this Agreement.
[edit] 5.4. COMPLAINTS AND DISPUTES
If you have a complaint we will endeavour to handle it quickly effectively and fairly. All complaints will be acknowledged within 7 days and dealt with by customer services. We will keep you informed and do our best to resolve the situation as quickly as possible. Should you wish to complain then contact us at the details given in the 'CONTACT ADDRESS' section below.
[edit] 6. ROBOTS
Our Site contains a robots.txt file to provide instructions to automated and semi-automated search indexing monitoring and retrieval tools. You agree to respect the instructions of this file if you use such tools. You may not use screenscrapers on this Site.
In order to provide a good quality of service to all users you agree not to impose an unfair load on the Site.
[edit] 7. INTELLECTUAL PROPERTY
Content on this Site comes from a variety of sources and some is the intellectual property of third parties. Inclusion within the Site of such third party intellectual property does not constitute an assertion of ownership or licence or any other right in it. Trademarks may appear on this Site which are not those of the Proprietor. Such trademarks are used to provide the appropriate designation of the origin of goods and/or services and do not constitute any claim of ownership, license or assertion of approval sponsorship or any manner of connection with the proprietor of that mark. Information on this Site may be provided by or obtained from or relate to third parties. The inclusion on the Site of this information and mention of third parties does not constitute an assertion of any connection, licence, approval, consent or relationship with them. You give us a licence to use your submissions including their use in derivative works and we shall give proper acknowledgement of your ownership. You warrant that you can authorise us to use the submissions and you indemnify us, as further detailed in this Agreement, from all adverse consequences if this is not so.
[edit] 8. TERMINATION OF THE SERVICE
You may terminate the Service at any time by using the facilities provided on the Site.
If you breach this Agreement we shall be entitled to suspend or remove your access to the Site or any part of it and any other services we provide at our sole discretion.
Any fees payable for the use of this Site are non-refundable except where we are in breach of this Agreement.
We may terminate your registration and this Agreement if you are notified of a change in terms and conditions and you decline to accept them.
We may cease to provide our Service, change the conditions for use of the Service and/or terminate this Agreement with you at any time after giving you notice by email and such notice will take immediate effect.
[edit] 9. LIMITATION OF LIABILITY
We shall only be liable to you for physical loss or damage caused directly by our negligence or our breach of this Agreement and our liability in these circumstances is limited as set out in the rest of this Clause 9. We shall not be liable to you for any financial loss or damage which you may suffer as a result of using the Service. We accept no liability for any direct or indirect or consequential loss of profit, goodwill, business or anticipated savings whether this arises due to our activities or those of our affiliates, subsidiaries, agents, suppliers and/or subcontractors. In no circumstances shall our liability to you exceed the fee you pay to us with the only exception being that nothing in this Agreement limits our liability to you for personal injury or death or any other matter for which liability circumvention is excluded by law which is caused by our negligence or that of our agents or contractors' or as a result of our breach of this Agreement. We accept no liability arising from inability to gain access to the Site as a result of routine or emergency maintenance on the system or excessive demand for the Site.
All self-publishing services are offered "as is." We hereby disclaim any liability for any content appearing in these areas or any technical malfunctions caused by the use of the Site. You understand that we would be unwilling to offer the Site without an effective disclaimer, and that your use of the Site is at your risk and, further, constitutes acceptance of the terms and conditions of this disclaimer.
[edit] 10. CHANGES TO THIS AGREEMENT
We may change these terms and conditions at any time by changing or removing existing terms or adding new ones. We will tell you about any changes by posting an updated version of these terms and conditions on our web site. We shall notify you of the changes by an email to the address you supplied at registration, or a front-page announcement on the Site, and you may cancel the Agreement if you do not accept the terms & conditions. Any change we make applies from the date we post it on the Site.
[edit] 11. DATA PROTECTION & PRIVACY
We agree to conform to the requirements of the Data Protection Act 1998 and our stated privacy policy.
We may gather store process and use information on you based on the forms cookies or IP addresses you submit to us. You agree to such storage processing and use provided it is conformant with the terms of this Clause 11 and the said Data Protection Act.
We may use records of your use of the Site to aid with fraud detection.
Certain details and information provided by you will be monitored from time to time and may be disclosed to the police and Law Enforcement Agencies for the purpose of fraud detection, crime prevention and national security. Our records on you may be supplied to those agencies or such others bodies or agencies or persons but only as required by law or regulation and in accordance with this Agreement.
You agree for us to publish on the Site any matter you submit to it. You understand that this information will be viewed by other users on the Site.
[edit] 12. THIRD PARTY CONTRACTS
Except as otherwise provided in this Agreement a person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement. This does not affect any right or remedy of a third party which exists or is available apart from that Act.
[edit] 13. CONTACT ADDRESS
You can contact us via email. See the Contact page for the addresses.
[edit] 14. EMAIL CONTACT
A condition of using this Site is that you provide us with a valid email account through which we may contact you and provide you with notices and information.
From time to time we may be able to make offers to you from ourselves or our partners. If you wish us to inform you of these offers we will only do so if you have consented to that in your registration options.
If you fail to provide a valid email address or if you fail to update us with any new email address or contact details we may be unable to send you notices. In that event you may have your registration cancelled and you will remain subject to any outstanding liabilities.
[edit] 15. ABUSE
If you have a problem with the conduct of another Site user or the Site itself you should contact Newzbin support where further action can be arranged.
If you have a problem or a dispute, or wish to make a complaint please e-mail us at enquiries @ newzbin.com. If you find offensive or unlawful material being posted online please e-mail us at enquiries @ newzbin.com. We will investigate the matter, review all reported messages and, if appropriate, remove them.
[edit] 16. WAIVER
No waiver by us of any default shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability.
[edit] 17. JURISDICTION
You agree that this Agreement for the use of the Site is subject to the laws of England and Wales and to the exclusive jurisdiction of the High Court in the Strand, London.
[edit] 18. YOUR CONTACT DETAILS
We do not publish contact details of any user registered on the Site. However, if you choose to contact someone, you agree that your e-mail address and a Display Name of your choosing should be disclosed to the person you wish to contact. Newzbin accepts no liability for problems incurred due to information errors, mistaken identities or any other problems which may occur as a result of using the Site's contact features.
[edit] 19. ENTIRE AGREEMENT
This agreement supersedes any prior agreements or arrangements which may have subsisted between us, provided the information you have given to us is not incorrect or fraudulent. Both parties agree that they have not relied on any representation not within this Agreement.