Wednesday 13 December 2017

BAILIWICK EXPRESS Terms of Use

Welcome to Bailiwick Express By accessing www.BailiwickExpress.com you are agreeing to the following terms.

Bailiwick Express is provided to you by Lighthouse Media (CI) Ltd, t/a Bailiwick Publishing (LCI) 5 Bond Street, St Helier, Jersey, JE2 3NP. Hereafter, these terms refer to LMCI.

Our Directors are James Filleul and Mark Jackson.

These Terms of Use constitute a legally binding agreement between you and Lighthouse Media (CI) Ltd and are effective as of 31st December 2013 for current users, and upon acceptance for new users.

You accept these Terms of Use by creating a Bailiwick Express account and by otherwise accessing or using the Bailiwick Express website.

General

These terms and the other policies posted on Bailiwick Express constitute the entire agreement between LMCI and you, superseding any prior agreements. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Competitions

1. The promoter is Lighthouse Media (CI) Ltd t/a Bailiwick Publishing whose registered office is at 5 Bond Street, St Helier, Jersey, JE2 3NP.

2. Employees of Lighthouse Media (CI) Ltd t/a Bailiwick Publishing or their family members or anyone else connected in any way with the competition or helping to set up the competition shall not be permitted to enter the competition.

3. There is no entry fee and no purchase necessary to enter this competition.

4. Closing date for entry will be at the end of the month the competition is launched. After this date no further entries to the competition will be permitted.

5. No responsibility can be accepted for entries not received for whatever reason.

6. The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.

7. The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.

8. No cash alternative to the prizes will be offered. The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.

9. Winners will be chosen at random from all entries received and verified by Promoter and/or its agents.

10. The winner will be notified by email and/or letter within 28 days of the closing date. If the winner cannot be contacted or do not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner.

11. The promoter will notify the winner when and where the prize can be collected.

12. The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.

13. By entering a competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.

14. The competition and these terms and conditions will be governed by Jersey law and any disputes will be subject to the exclusive jurisdiction of the courts of Jersey.

15. The winner agrees to the use of his/her name and image in any publicity material. Any personal data relating to the winner or any other entrants will be used solely in accordance with current Jersey data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.

16. The winner’s name will be available 28 days after closing date by sending a stamped addressed envelope to the following address: Marketing Department, Bailiwick Express, 5 Bond Street, St Helier, Jersey, JE2 3NP.

17. Entry into the competition will be deemed as acceptance of these terms and conditions.

18. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other Social Network. You are providing your information to Lighthouse Media (CI) Ltd and not to any other party. The information provided will be used in conjunction with the following Privacy Policy found at https://www.bailiwickexpress.com/index.php/privacy-policy/

Using Bailiwick Express

As a condition of your use of Bailiwick Express you agree that you will not:

  • violate any laws;
  • violate the Posting Rules;
  • post any threatening, abusive, defamatory, obscene or indecent material;
  • post or otherwise communicate any false or misleading material or message of any kind;
  • infringe any third-party right;
  • distribute spam, chain letters, or promote pyramid schemes;
  • distribute viruses or any other technologies that may harm LMCI or the interests or property of LMCI users;
  • impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of LMCI;
  • copy, modify, or distribute any other person's content without their consent;
  • use any robot spider, scraper or other automated means to access LMCI and collect content for any purpose without our express written permission;
  • harvest or otherwise collect information about others, including email addresses, without their consent;
  • copy, modify or distribute rights or content from the LMCI site, services, applications or tools or LMCI's copyrights and trademarks;
  • harvest or otherwise collect information about users, including email addresses, without their consent
  • bypass measures used to prevent or restrict access to LMCI;
  • sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.

You are solely responsible for all information that you submit to LMCI and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user's usage of LMCI   either temporarily or permanently, or refuse a user's registration. If we believe that you are breaching these Terms of Use in any way and/or behaving suspiciously on the LMCI websites, services, applications or tools, we may, at our discretion, inform other Bailiwick Express users that have been in contact with you and recommend that they exercise caution.

Abusing Bailiwick Express

Please report problems, offensive content and policy breaches to us using the reporting system.

Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off LMCI if we think that they are creating problems, infringing the rights of third parties or acting inconsistently with the letter or spirit of our policies (including, without limitation, circumventing temporary or permanent suspensions or harassing the LMCI   employees or other users).

However, whether we decide to take any of these steps, remove hosted content or keep a user off LMCI or not, we do not have any obligation to monitor the information transmitted or stored on our sites, services, applications and tools and we do not accept any liability for unauthorized or unlawful content on LMCI or use of LMCI by users.

Fees and Services

Using LMCI is generally free, but we sometimes charge a fee for certain services. If the service you use incurs a fee, you'll be able to review and accept terms that will be clearly disclosed at the time you post your ad. Our fees are quoted in Pounds Sterling, and we may change them from time to time. We'll notify you of changes to our fee policy by posting such changes on the LMCI website. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.

You are responsible for paying the LMCI fees when they're due. If you don't, without prejudice to any other right or remedy we may be entitled to under these Terms of Use, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.

You acknowledge that your ads may be deleted from the LMCI sites, services, applications or tools in case we believe these Terms of Use, including our Posting Rules, are breached, either directly or indirectly. In case you would have paid a fee for the display of such ad, you may be entitled to a refund of such fee.

However, we reserve the right not to refund the LMCI users for any fees paid through use of our sites, services, applications and tools in the following cases:

  • If you breach, in our opinion, these Terms of Use, which include, without limitation, the Posting Rules;
  • If your ads went live with exposure on the LMCI sites, services, applications or tools, even for a limited time, and that they benefited from the service associated with the paid fee;
  • If your ads are placed into "edit" mode and will go live to site once updated by you;
  • If you have removed your ads yourself;
  • If you post duplicate ads;
  • If we believe that your ads are in the wrong category;
  • Please note that the above list is not exhaustive.

Content

Bailiwick Express contains content from us, you, and other users. LMCI is protected by copyright laws and international treaties.

You may retrieve and display the Content on a computer screen or mobile device, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your computer or mobile telephone for your personal, non-commercial use. Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the Content. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without prior written permission from LMCI:

  • reproduce or store in or transmit to any other website, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of the Content, or
  • modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of the Content (including use as part of any library, archive or similar service) without the prior written consent of LMCI;
  • remove the copyright or trade mark notice from any copies of the Content made under these Terms.
  • Any use of the Content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be sent to LMCI at its registered office noted above, or submitted using the contact form which can be located on the Site, and may be subject to a fee.

You agree not to copy, distribute or modify content from LMCI without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in LMCI. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of LMCI (other than your own content). When you give us content, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now known or to be discovered in the future. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.

Infringement

Intellectual Property Protection

The contents and design of the Site and any material e-mailed to you or otherwise supplied to you in conjunction with the Site (such contents, design and materials being collectively referred to as the "Content"), are copyright of LMCI and its licensors. You may not use or reproduce or allow anyone to use or reproduce any trade-marks, names, logos or other trade names appearing on the Site for any reason without written permission from LMCI. The software which operates the Site is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.

Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright, design and trademark (e.g. offering counterfeit items for sale).

If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by LMCI.

Liability

No Warranty, Disclaimer of Liability and Indemnity

Whilst every effort has been made to ensure the high quality and accuracy of the Site, LMCI makes no warranty, express or implied concerning the Content, the Site, software or products or services available through the Site (the "Site Services"), which are provided "as is". LMCI expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will LMCI, its affiliates or other suppliers be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the Site Services, even if LMCI has been advised of the possibility that such damages may arise. LMCI does not guarantee the accuracy, content, or timeliness of the Site Services or that they or related systems are year 2000 compliant or free from viruses or other contaminating or destructive properties.

In no event will any liability of LMCI, its affiliates, agents and licensors to you (and/or any third party) arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Site Services or breach of these Terms by LMCI   exceed the amount, if any, paid by you to LMCI in respect of the particular Site Service to which the claim relates.

Upon LMCI's request, you agree to defend, indemnify and hold harmless LMCI from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your use of any Site Services.

Nothing in these terms shall limit our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.

We do not review users' postings and are not involved in the actual transactions between users. As most of the content on LMCI comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what's offered.

In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of, or inability to use LMCI, even if you advise us or we could reasonably foresee the possibility of any such damage occurring.

Release

If you have a dispute with one or more LMCI users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

Third party rights

A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.

Personal Information

By using LMCI, you agree to the collection, transfer, storage and use of your personal information by LMCI on servers located in Jersey as further described in our Privacy policy. You also agree to receive marketing communications from us unless you tell us that you prefer not receive such communications.

Governing Law and Jurisdiction

These Terms shall be governed by, and construed in accordance with, Jersey law. The parties irrevocably agree that the courts of the Island of Jersey shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the Jersey courts.

For the exclusive benefit of LMCI, LMCI shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.

Registration, Passwords and Responsibilities

Certain areas of the Site are only open to you if you register. You are solely responsible for the confidentiality and use of and access to the Content and the Site using your user name, sign-on password, and/or I.D. You agree to immediately notify LMCI if you become aware of any loss or theft of any sign-on password or I.D. or any unauthorised use of a sign-on password, I.D., user name, or of the Content or the Site. You will provide LMCI   with accurate, complete registration information (including in particular your e-mail address) and inform LMCI of any changes to such information. For the purpose of confirming your compliance with the terms of these Terms, LMCI reserves the right to monitor and record activity on the Site, including access to the Content.

Force Majeure

LMCI, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the Content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.

Miscellaneous

Changes to these Terms. LMCI may, in its discretion, change these Terms (including those relating to your use of Site and/or the Content). When Terms are changed, LMCI   will notify you by email or by publishing details of those changes by including them in these Terms. If you use the Site after LMCI   has published or notified you of the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site any further after they are published. Access to certain Content may be subject to additional terms and conditions.

Advertising, Third Party Content and other Web Sites. Parts of the Site may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. LMCI   is not responsible for any third party content or error, omission or inaccuracy in any advertising material. The Site may contain links to other web sites. LMCI   is not responsible for the availability of these web sites or their contents.

Assignment of Agreement. This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by LMCI  .

Non-Waiver. No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.

Notices. Notices to LMCI   must be given in writing by letter and sent to LMCI  's registered office.

Severability/Survival/Statute of Limitations. If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid but rather the Terms will be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in the Island of Jersey within one year after the cause of action has arisen, or such cause will be barred, invalid, and void.

Whole Agreement. Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms shall not apply.

Headings. Headings in these Terms are for convenience only and have no legal meaning or effect.

For the exclusive benefit of LMCI, LMCI   shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.