1. In these Terms and Conditions, the following words and phrases shall bear the following meanings:
- “The Company” means Centaur Communications Ltd, registered number 1595235, whose registered office is at Wells Point, 79 Wells Street, London W1T 3QN; and whose ultimate parent company is Centaur Media plc. “Centaur” means any company in the Centaur Media plc group of companies.
- "Material" means data or information in any format, including without limitation text, images, photographs, graphics, video or sound material whether existing at the time of registration or not, published on www.creativereview.co.uk, whether copyright of Centaur or of a third party and which is communicated or transmitted to the User in using www.creativereview.co.uk
- "www.creativereview.co.uk" means the website owned and/or operated by the Company.
- "User" means any person who accesses or uses www.creativereview.co.uk.
USE OF THE WEBSITE
2. By accessing or using www.creativereview.co.uk the User agrees to fully comply with these Terms and Conditions, including the acceptance of liability as detailed in clauses 4, 5 and 11 and limitations and exclusions of the Company’s liability to the User as set out particularly in clause 12. If the User does not wish to be bound by them he/she should leave the site now and not use this website in the future.
(a) unique user ID allocated to a User by the Company, and/or
(b) password chosen by that User and agreed by the Company
are not transferable, and the User shall keep them strictly confidential and secure. The User must notify the Company immediately if any unauthorised use comes to its attention.
4. The User shall indemnify the Company against any unauthorised use of his/her user ID and password, including use by a third party where the User has allowed or facilitated that third party to have access to any Material, however so received.
5. The User shall indemnify the Company against all costs, claims, demands or expenses incurred by or made against the Company and/or www.creativereview.co.uk as a result of any breach of these Terms and Conditions by the User and/or by any third party permitted or facilitated by that User to have access to any Material, howsoever arising.
SUBMITTING MATERIAL TO WEBSITE
6. In order to submit material to www.creativereview.co.uk the User may be required to register a unique user ID and password in accordance with clause 3. In this event the User undertakes not to maliciously create additional registration accounts for the purpose of abusing the functionality of the site, or other users; nor to seek to pass itself off as another User.
7. The Company reserves the right to prohibit access to www.creativereview.co.uk by any person(s) at its sole discretion, from which point any user ID and password will be rendered inoperative.
8. Any submission of Material by the User (“Contributed Material”) will be on the following terms: 8.1 The User grants the Company a non-exclusive, non-transferable, perpetual, royalty-free, worldwide licence to publish or use the Contributed Material in any format, including in other products of the Company. The licence shall include the right for any User to access and use the Contributed Material in accordance with clause 9.
8.2 The User warrants to the Company that all rights including intellectual property and moral rights in Contributed Material belong to the User or the User has received all necessary permissions to submit it to the Company.
8.3 The User warrants to the Company that any Contributed Material submitted:
(a) is not obscene, offensive, libellous or defamatory of any person or otherwise in breach of any applicable laws;
(b) does not concern the private life of any individual, their personal data, or material which is false, defamatory, vulgar, obscene, threatening, harassing, likely to prejudice legal proceedings which are “active” for the purposes of the Contempt of Court Act 1981, or otherwise in contempt of court or unlawful; and
(c) does not infringe the copyright or moral rights of any third party.
8.4 If applicable to the site, Users will also comply with the House Rules as published by the Company from time to time.
8.5 The Company may provide a User’s details to a third party where, in the Company’s reasonable opinion, any Contributed Material is in breach of these Terms and Conditions and a third party has a legitimate interest in obtaining those details for the purposes of pursuing legal action in relation to the Contributed Material submitted. Each User acknowledges that the Company may also be required to hand over such information by order of a court of law.
8.6 The Company at its sole discretion reserves the right to make additions or deletions to, edit, crop or arrange Contributed Material prior to publication, or not to publish it in part or in whole. The Company may do so without giving any reason but the User should note that Contributed Material that is off-topic or deemed by the Company to be unnecessarily antagonistic is likely to be rejected. In addition the Company may take down postings where we think that they may breach the terms of clause 8.3(a) or where a complaint is made. Our decision is final.
8.7 The Company shall make no payment for Contributed Material submitted and used under these Terms and Conditions
USE OF MATERIAL
9. Subject to clause 16 the User may download Material electronically; print extracts and/or make copies of these for his/her own personal and non-commercial use only. This does not include downloading, storing, transmitting, displaying, copying or distributing Material, or extracts from it, in a structured manner or creating a database in any form comprising all or part of the Material.
11. The User acknowledges that any breach of clause 8 may cause damage or loss to the Company and agrees to indemnify the Company in full against any third party liabilities, claims, costs, loss or damage including consequential losses, incurred as a result of publishing Contributed Material submitted by the User.
12. To the extent permitted by law the Company, its agents or representatives shall have no liability whatsoever to the User for any direct, indirect or consequential loss or special loss or damage, cost or expense suffered or incurred by the User (whether arising in tort, contract or otherwise, and whether arising from the negligence, breach of contract, defamation, infringement of copyright or other intellectual rights) caused by use of www.creativereview.co.uk or from the negligence of its employees or agents or licensors, and whether asserted against the Company, www.creativereview.co.uk or against any third party in connection with its use, inability to use, or results of the use of www.creativereview.co.uk, any websites linked to it and any Material, including: 12.1 loss of income or revenue;
12.2 loss of business;
12.3 loss of profits or contracts;
12.4 loss of anticipated savings;
12.5 loss of data;
12.6 loss of goodwill;
12.7 wasted management or office time; and
even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to the User’s tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect the Company’s liability for death or personal injury arising from its negligence, or its liability for fraud or fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.
13. The Company does not make any representation or give any warranty, either express or implied: 13.1 in relation to any information, goods or services offered, accessed or obtained through www.creativereview.co.uk;
13.2 in relation to warrantees of title, non infringement of copyright or patent rights of others, merchantability, or fitness or suitability for any purpose;
13.3 for the content, accuracy, integrity, lawfulness or otherwise of information on websites over which the Company has no control;
13.4 as to the suitability of the information and data on www.creativereview.co.uk for any particular purpose;
13.5 as to the accuracy of the description of any goods; or
13.6 that the information and data on www.creativereview.co.uk site is free of infection by computer viruses or other contamination,
and to the extent permitted by law excludes all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
14. The Company and its agents or representatives do not endorse or in any respect warrant any third party products or services by virtue of any advertisement, information, material or content referred to, or included on, or linked from or to www.creativereview.co.uk.
15. www.creativereview.co.uk does not purport to provide advice. Although care is taken in the preparation of information supplied by www.creativereview.co.uk, the Company is not responsible for Users taking or refraining from taking actions on the basis of information provided by www.creativereview.co.uk.
TRADE MARKS AND INTELLECTUAL PROPERTY
16. All rights in www.creativereview.co.uk, the Material, and any other content displayed on www.creativereview.co.uk are owned by or licensed to the Company and are reserved.
17. All Material other than that submitted by Users on a Centaur website is the property of the Company. Reproduction without the Company’s permission is prohibited. For such permission Users should write to the Company Secretary of the Company at the registered address.
19. Users who wish to advertise on a Centaur website, other than directly through www.creativereview.co.uk will find the contact information on the relevant Centaur website.
20. The Company reserves the right to remove, alter, change or vary www.creativereview.co.uk at any time without notice.
21. The Company shall endeavour to provide constant, uninterrupted access to www.creativereview.co.uk but cannot and does not guarantee to do so, and accepts no responsibility or liability for any interruption or delay.
APPLICABLE LAW AND JURISDICTION
22. These Terms and Conditions, and the provision of www.creativereview.co.uk, are governed by the Laws of England and shall be subject to the exclusive jurisdiction of the English courts.
CHANGES TO TERMS AND CONDITIONS
23. The Company reserves the right to vary or amend these Terms and Conditions at any time without notice. Users should review these Terms and Conditions regularly as Users will be deemed to have accepted a variation in continuing to use the site after it has been posted.