Forum Terms Of Use

[paul foley]

1. ACCEPTANCE OF TERMS: This is a Website of Future Publishing Ltd ("Future"). Use by you of this Website and any other websites operated by Future and its group companies to which this Website is linked (the "Future Sites"), together with all associated servers ("Servers") and all of the functions on or in or available from this Website or any other Future Site or the Servers (including, without limitation all chat forums, bulletin boards or other forms of communication) is subject to the following terms and conditions ("Terms and Conditions") and any other terms and conditions contained on, in or through a Future Site.

2. CONTENT: The copyright in the material contained on, in, or available through this Website or any other Future Site or Server excluding the Content (as defined in paragraph 3) but including all other information, data, text, music, sound, photographs, graphics, video messages or other materials and the selection and arrangement thereof, and all source code, software compilations and other material ("Material") is owned by or licensed to Future or its group companies. All rights are reserved. You do not have any right, interest or title in or to the Material unless otherwise expressly indicated.
The trademarks, service marks, and logos ("Trade Marks") contained on or in this Website or any other Future Site or Server are registered and owned by or licensed to Future or its group companies. Save as expressly stated, you do not have any right to use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of Future or the relevant group company.
You are permitted to print or download extracts of the Material for your personal use only provided that each copy contains a notice that the Material is the owned by or licensed to Future or its group companies. None of the Material may be used for any commercial or public use.
Save as expressly stated or as necessary to view, print or download extracts of the Material for personal use, none of the Material may be copied, edited, varied, reproduced, published, displayed, distributed, stored, transmitted, commercially exploited or disseminated in any form whatsoever without the prior written consent of Future or the relevant group company.

3. CONTENT SUBMITTED TO THE WEBSITE: Information, data, text, music, software, sound, photographs, graphics, video, messages or other materials may be posted (in public or privately) or uploaded on to designated areas of this Website. Any information, data, text, music, software, sound, photographs, graphics, video, messages or other materials which are posted or uploaded on to this Website or any other Future Site or Server or otherwise transmitted through this Website or any other Future Site or Server by any visitor to this Website are referred to as "Content". Future does not control the Content and, as such, is not responsible for it in any way whatsoever. In particular, Future does not guarantee the accuracy, integrity or quality of such Content. Future shall have the right (but not the obligation) in its sole discretion to delete, edit, lock, move or remove any Content without notice. Without limiting the foregoing, Future shall have the right without notice to record the IP address from which any Content is posted, uploaded or otherwise transmitted through this Website or any other Future Site or Server and to lock or remove any Content which violates these Terms and Conditions or is or may be irrelevant, out of date, inappropriate or objectionable in any way whatsoever or in respect of which Future receives any complaint (whether valid or justified or not).

If you upload, post or otherwise transmit any Content to a public part of this Website or any other Future Site or Server (including, without limitation, if you post a message to a bulletin board or chat forum, upload files, input data, or engage in any other form of communication through this Website or any other Future Site) you are wholly responsible for it. You hereby: (a) grant Future and its group companies an irrevocable, perpetual, royalty-free right to use, distribute, copy, edit, adapt, license, distribute, transmit, publish, publicly perform or display any such Content in any form or medium anywhere in the World; and (b) irrevocably and unconditionally waive any moral rights or similar rights you have in any Content pursuant to the Copyright, Designs and Patents Act 1988 (as amended, superseded or replaced from time to time) (the "Act") or equivalent legislation anywhere in the World.

4. LINK TO THIRD PARTIES: This Website and other Future Sites or Servers may contain links to websites operated by third parties ("Third Party Websites"). Future does not have any influence or control over any such Third Party Website and, unless otherwise stated, is not responsible for and does not endorse any Third Party Website or its availability or contents or any agreement or understanding you enter into with a third party through a Third Party Website.

5. MEMBER CONDUCT: You agree that when using the Website or any other Future Site or Server you will not:

(a) Upload, post or otherwise transmit Content which violates the rights (including, without limitation, the intellectual property rights) of a third party or which is unlawful, harmful, threatening, abusive, argumentative, flaming, hateful, offensive (whether in relation to sex, race, religion or otherwise) harassing, defamatory, vulgar, obscene, indecent, libellous, invasive of another's privacy or contains any illegal content;
(b) Harvest Content or IP addresses or upload, post or otherwise transmit any Content which contains software viruses or any other files or programs that may interrupt, destroy or limit the functionality of this Website or any other Future Site or Server or any networks connected to this Website or any other Future Site or Server or another's computer, or that contains any chain letters, pyramid-selling schemes, bulk mail, junk mail or similar; or
(c) Upload, post or otherwise transmit any Content for any commercial or business purpose including (without limitation) any Content which contains any advertising or promotional materials; or
(d) Restrict or in any way inhibit any person from using this Website or any other Future Site or Server;
(e) Upload, post or otherwise transmit any Content which is un-necessary and/or repetitive including any Content which repeats that previously uploaded, posted or transmitted by you or another visitor, unless absolutely necessary; or
(f) Upload, post or otherwise transmit any Content to a part of this Website or any other Future Site or Server which is irrelevant to the subject matter or the Content; or
(g) Upload, post or otherwise transmit any Content from any web based internet account such as hotmail; or
(h) Register yourself as a member under more than one user name and/or user account number without the consent of the Website editor or the forum moderator; or
(i) Use this Website or any other Future Site or Server in a manner that is inconsistent with these Terms and Conditions and/or any relevant laws and regulations in force from time to time; or
(j) Breach the terms of any suspension or ban and you will not seek alternative access.
You acknowledge that you are solely responsible for selecting a secure password for the purpose of gaining access to the member sections of this Website or any other Future Site or Server.
You agree to indemnify Future and its group companies in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of this Website or any other Future Site or Server other than in accordance with these Terms and Conditions.

6. FUTURE PRIVACY POLICY: If you provide information to Future on or through this Website or any other Future Site or Server, Future will use it in accordance with the terms of its privacy policy. That privacy policy forms part of these Terms and Conditions and by using this Website or any other Future Site or Server you acknowledge and agree that you have read and accept the terms of that privacy policy.

7. DISCLAIMER / LIABILITY: Use of this Website, any other Future Site or Server and their facilities, Third Party Websites, links to the Third Party Websites, and any Material and Content is at your own risk. To the maximum extent permitted by law: (a) Future disclaims all liability whatsoever, whether arising in contract, tort (including negligence) or otherwise in relation to this Website, any other Future Site or Server, Third Party Websites, links to Third Party Websites, Material and Content; and (b) all implied warranties, terms and conditions relating to this Website, any other Future Site or Server, Third Party Websites, links to Third Party Websites, Material and Content (whether implied by statue, common law or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, fitness for purpose or any special purpose and title are, as between Future and you, hereby excluded. Future will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or otherwise, as a result of or in connection with this Website, any other Future Site or Server, any Third Party Websites, links to Third Party Websites, the Material, Content, or any products or services offered on or through this Website or any other Future Site or Server or Third Party Website, whether by Future or on its behalf, for any:
(a) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or
(b) loss of goodwill or reputation; or
(c) special or indirect or consequential loss.
If Future is liable to you directly or indirectly in relation to this Website, any other Future Site or Server, any Third Party Websites, links to Third Party Websites, the Material, Content, or any products or services offered on or through this Website or any other Future Site or Server or Third Party Website, that liability (howsoever arising) shall be limited to the sums paid by you in consideration for Future granting you membership to this Website.
Nothing in these Terms and Conditions shall be construed as excluding or limiting the liability of Future or its group companies for death or personal injury caused by its negligence or for any other liability which cannot be excluded by English law.

8. ACCESS RESTRICTION: Future reserves the right in its sole discretion to deny any user access to this Website or any other Future Site or Server, or any portion thereof, without notice and for any reason including, without limitation, if you fail to comply with any clause 5 (Member Conduct) or any other provision of these Terms and Conditions. In particular, Future may deny you access to this Website or any other Future Site or Server if Future exercises its right to lock any discussion topic to prevent further discussion, following submission of Content relating to that topic by you.

9. ONLINE COMPETITIONS: If you take part in any competition which is run on or through this Website or any other Future Site or Server ("Competition"), you agree to be bound by the Online Competition Rules and any other rules specified by Future from time to time ("Competition Rules") and by the decisions of Future, which are final in all matters relating to the Competition. Future reserves the right to disqualify any entrant and/or winner in its absolute discretion without notice in accordance with the Competition Rules.

10. GENERAL: These Terms and Conditions (as amended from time to time) constitute the entire agreement between you and Future concerning your use of this Website or any other Future Site or Server and supersede any previous arrangement, agreement, undertaking or proposal, written or oral between you and Future in relation to such matters.
No variation to these Terms and Conditions shall be effective unless in writing and signed on behalf of Future.
These Terms and Conditions shall be governed by and construed in accordance with English law and you agree, for the benefit of Future, to submit to the exclusive jurisdiction of the English Courts.
If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.
Future's failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Future in writing.
Unless otherwise expressly stated, nothing in the Terms and Conditions shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you, Future and its group of companies.