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1. These User Terms:
1.1 In accordance with the following user terms ('User Terms'), BlackpoolNow
grants you as an authorised user ('Authorised User' or 'you') of this web site
('Web Site') certain rights (as set out below) and in return you agree to perform
certain obligations.
1.2 Please read these User Terms carefully. They are a legal document and, by
your continued use of the Web Site, you agree to be bound by these User Terms.
In particular, you agree that you have read and understood the following Clauses:
Clause 6 - Your Responsibilities
Clause 7 - Consent to use Your Personal Information
Clause 8 - Limitation of Liability
1.3 If you do not agree with these User Terms and do not wish to be bound by
them, please exit this Web Site and do not use the Web Site in the future.
1.4 The goods and services ("Merchandise") which may be purchased by you from
companies or individuals other than BlackpoolNow ("Merchants") via third party
and/or third party web sites linked to this Web Site are subject to separate
terms and conditions between you and the applicable Merchant. You acknowledge
that the applicable Merchant (and not BlackpoolNow) is solely responsible for
the fulfilment of orders for any Merchandise and for its quality, suitability
and fitness for purpose. You also acknowledge that the selection of any Merchant
or the purchase of any item of Merchandise from the information available on
the Web Site or from the Merchant via the Merchant's web site or otherwise is
solely your choice. Any disputes or questions relating to the Merchandise shall
be directed to the Merchant in question and you acknowledge that BlackpoolNow
shall have no responsibility, obligations or liability in relation to the Merchandise.
1.5 You further acknowledge that BlackpoolNow is not responsible or liable directly
or indirectly for any change or loss whatsoever and howsoever arising or resulting
from your use of or reliance on any content, material or goods or services available
through, on or from any Merchant or Merchant's web sites. It is important that
you check the privacy policy, terms and conditions
of use and content of any website and/or Merchant's information accessible to
you from this web site
1.6 If you register for any prize competitions, promotions or other give-aways
on the Web Site separate Terms and Conditions which are located on the Web Site,
shall also apply in addition to the remainder of these User Terms.
1.7 If you register for the BlackpoolNow Forums separate Forum Rules which are
located on the Web Site shall also apply in addition to these User Terms.
2. Licence to Use Material on Web Site
2.1 BlackpoolNow grants to you a personal, non-exclusive, non-transferable, royalty-free
licence to use all the material on the Web Site (including but not limited to:
software, documentation, text, pictures, sounds, graphics, articles, video or
audio clips, and advertising material) ('BlackpoolNow Material') on the basis
set out in Clause 2.2.
2.2 You are entitled to access, download and transmit (for the purposes expressly
permitted in these User Terms) and store the BlackpoolNow Material for your own
personal, non-commercial use provided that you do not:
• remove any notices relating to the ownership of copyright or other Intellectual
Property Rights (as defined in Clause 3.1 below) in the BlackpoolNow Material;
• modify, translate, reverse engineer, reproduce, decompile, disassemble
(except as expressly permitted by law) or create derivative works of any of the
BlackpoolNow Material;
• rent, lease, sub-licence, loan, copy or give or transfer any rights in
the BlackpoolNow Material in any form, to any person or entity without the prior
written consent of BlackpoolNow.
3. Ownership of Intellectual Property Rights
3.1 Notwithstanding the limited rights granted to you in accordance with Clause
2, BlackpoolNow, or BlackpoolNow's suppliers, subcontractors and agents (collectively
'BlackpoolNow Contractors') (as applicable) shall retain all ownership, title
and interest in the intellectual property rights contained in the BlackpoolNow
Material (including but not limited to copyright, database rights, trade marks,
patents, service marks, design rights (whether registerable or otherwise) know-how,
trade or business names, domain names, goodwill associated with any of the foregoing
and other similar rights or obligations whether registerable or not in any jurisdiction
in the world ('Intellectual Property Rights').
3.2 You agree that any material (including any Intellectual Property Rights in
such material), including but not limited to material sent via chat services,
feedback, bulletin boards or articles or any other material submitted for publication
on the Web Site or in using any of the Web Site Services ("User Generated Content")
may be retained as the property of BlackpoolNow. BlackpoolNow shall have no obligations
with regard to the User Generated Content to monitor the User Generated Content
to ensure that it complies with applicable laws or regulations. You remain solely
responsible for the User Generated Content in accordance with Clause 6.
4. Duration of User Terms and Termination
4.1 These User Terms are binding upon you immediately. You accept them by your
use of this Web Site, and they will remain in force until:
• BlackpoolNow terminates these User Terms by notice to you at any time
in accordance with Clause 9.2.
4.2 In the event that these User Terms are terminated for any of the reasons
stated above you agree to comply with the following obligations:
• the licence granted to you in accordance with Clause 2 shall be terminated
forthwith and you shall have no further rights to use the BlackpoolNow Material;
• you must delete or destroy any of the BlackpoolNow Material stored by
you in electronic or hard copy form as soon as reasonably practicable;
• you will have no further rights to access or use the Web Site or the Web
Site Services.
5. BlackpoolNow's Responsibilities
5.1 BlackpoolNow undertakes to use commercially reasonable endeavours to prevent
breaches of security of the Web Site.
5.2 BlackpoolNow makes no representation or warranty that the Web Site or services
offered via the Web Site [(i.e. bulletin boards, chat (except any Merchandise
made available by Merchants via links to this Web Site, which are subject to
the separate Merchant terms and conditions as mentioned in Clause 1.4)) ('Web
Site Services') will be accessible, or useable by you or error free.
5.3 BlackpoolNow takes no liability for any failure or interruption of the Web
Site or any inability to access or use the Web Site or any features, products
or services on the Web Site.
5.4 BlackpoolNow reserves the right, without notice to you, to remove any BlackpoolNow
Material from the Web Site or to suspend or alter the operation of the Web Site
or any Web Site Services, at its sole discretion or for legal or technical reasons.
BlackpoolNow will give you as much notice as possible prior to taking any of
the actions described in this Clause, but prior notice may not always be feasible
for a variety of reasons.
6. Your Responsibilities
6.1 You agree that you will use this Web Site in a lawful manner that is consistent
with all applicable laws and regulations.
6.2 You agree that you are responsible for the security and use of any user names
or passwords needed to access or use the Web Site or any Web Site Services. You
must take all reasonable steps to ensure that these user names and passwords
are kept confidential and secure and you do not allow any unauthorised person
to access the Web Site or any of the Web Site Services using your user name or
password. You take full responsibility for all information and instructions transmitted
through the Web Site using your user name and/ or password. All such information
will be considered sent and authorised by you. You agree that you will not use
the Web Site or any of the Web Site Services as follows:
• to send, receive, upload, download, store, use, distribute or publish
any material that is offensive, abusive, indecent, defamatory, obscene, or in
breach of any other person's Intellectual Property Rights or breaches any obligation
of confidentiality by which you are bound;
• to send or distribute multiple unsolicited emails or messages ('Spam')
or to cause any other person annoyance, inconvenience or worry;
• for any purposes connected to any business, including sending any unsolicited
advertisements or promotional material;
• to use or attempt to use any software, engine, or any other means to navigate
or search this Web Site other than the navigation tools and search facilities
available on this Web Site and general third party browsers;
• to carry out any activities in relation to “screen scraping” or “database
scraping” to obtain lists of users, URLs, Internet Keywords or other information;
• to access the Web Site by any means other than through the interface that
is provided by BlackpoolNow for use in accessing the Web Site;
• to use or transmit any material that contains software viruses or any
other computer code, file or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or telecommunications
equipment, including but not limited to the Web Site;
• to do anything which imposes an unreasonable or disproportionately large
load on the Web Site's infrastructure;
• to interfere with or disrupt the Web Site and/or Web Site Services or
servers or networks connected to the Web Site or disobey any requirements, procedures,
policies or regulations of networks connected to the Web Site;
• or to collect or store personal data about other users of this Web Site
whether or not for commercial purpose without their consent. This means no posting
of phone numbers, addresses or any other private information without the express
permission of that individual. Processing of personal data is regulated by the
Data Protection Act 1998 in the United Kingdom.
6.3 You agree to indemnify BlackpoolNow against any claims, costs, expenses or
legal proceedings caused as a result of your use of the Web Site or Web Site
Services in contravention of Clauses 6.1 and 6.2, further in these circumstances,
BlackpoolNow shall be entitled to treat the contravention as a material breach
of these User Terms and terminate the User Terms and any access permission granted
to you by BlackpoolNow forthwith, without notice to you.
7. Consent to Use Your Personal Information
7.1 For the purposes of the Data Protection Act 1998 (the “Act”),
you acknowledge that in the course of registering and using this Web Site and
the Web Site Services, certain personal information or data about you will be
captured electronically or otherwise and transmitted to BlackpoolNow or BlackpoolNow
Contractors. By accepting these User Terms, you expressly agree to transfer such
personal information or data to BlackpoolNow or BlackpoolNow Contractors to use,
store and process the personal information for the purposes of providing the
services offered on this Web Site, or any other connected BlackpoolNow web sites.
7.2 For the purposes of the Act, you further agree that BlackpoolNow or an BlackpoolNow
Contractor involved in the provision of the Web Site Services, may send your
personal data outside of the European Economic Area.
7.3 You may revoke the consents given above in Clauses 7.1 and 7.2 by giving
notice to BlackpoolNow in accordance with Clause 9.1, but in those circumstances
you must exit the Web Site and will have no further rights to access the Web
Site or use the Web Site Services.
7.4 For more information about the purposes for which BlackpoolNow may use your
personal information and your rights under the Act, please read BlackpoolNow's privacy
policy displayed on this Web Site.
8. Limitation of Liability
8.1 BlackpoolNow does not limit its liability for death or personal injury to
the extent only that it arises as a result of the negligence of BlackpoolNow,
its employees, or BlackpoolNow Contractors, and the remainder of this Clause
8 shall not apply to such liability.
8.2 To the extent that BlackpoolNow is deemed by a court of competent jurisdiction
to have any liability to you in contract, tort (including negligence) or otherwise
in relation to this Web Site or the Web Site Services, BlackpoolNow's entire
liability shall be limited to £1 for any one incident or series of related
incidents and up to £2 for all incidents in any period of 12 months.
8.3 BlackpoolNow shall not be liable to you in contract, tort, negligence (other
than fraudulent or negligent misrepresentations) or otherwise for:
• any economic loss, (including without limitation, loss of revenue, business,
contracts, profits or anticipated savings);
• any loss of goodwill or reputation;
• any loss of data;
• or any special, indirect or consequential loss.
8.4 The express terms of these User Terms are in lieu of all warranties, conditions,
undertakings, terms, and obligations implied by statute, common law, usage, course
of dealing or otherwise, all of which are excluded to the fullest extent permitted
by law.
8.5 The Web Site may contain links to third party web sites which are controlled
and operated by parties other than BlackpoolNow. The links will let you leave
the Web Site and BlackpoolNow is not responsible for any contents of any linked
site or any link contained in a linked site. The inclusion of any link on the
Web Site does not imply endorsement by BlackpoolNow of the linked site. If you
decide to access linked third party web sites, you do so at your own risk.
9. Notices
9.1 You may send a notice to BlackpoolNow, or any questions you may have concerning
these User Terms by email to
or by writing to BlackpoolNow, PO Box 1193, Blackpool, Lancashire, FY1 9AT. Such
notices will be effective within twenty-eight days of receipt.
9.2 BlackpoolNow may send you notice by general notice on this Web Site, by email
to your email address on record with BlackpoolNow, or by post to the geographical
address on record with BlackpoolNow. Such notice will be effective if sent by
email or posted on the Web Site, one days from the date it was sent or posted
on the Web Site. If sent by regular post, it will be effective seven days after
posting by BlackpoolNow.
10. Competition Rules
10.1 All competitions offered by BlackpoolNow from this Web Site (“Competitions”)
are open to any United Kingdom or Channel Island resident who is aged 18 or over,
except for employees (and their families) of any BlackpoolNow or anyone else
connected with the Competitions (“Entrant”).
10.2 All Entrants must register for the relevant Competition by giving their
correct name and address in the United Kingdom, together with their email address.
By registering for the relevant competition, you acknowledge that you have read
and agree to the provisions contained in Clause 7 regarding consent to use your
personal information.
10.3 All Competitions shall be subject to terms and conditions as displayed on
the Web Site in relation to each Competition.
11.General
11.1 For the purposes of Clauses 1.4, 3, 6.3, 7, 8 and 11.8 of these User Terms,
BlackpoolNow shall mean BlackpoolNow.com and/or any BlackpoolNow Company which
means a BlackpoolNow subsidiary or holding company, or a subsidiary of that holding
company all as defined by Section 736 of the Companies Act 1985, as amended by
the Companies Act 1989.
11.2 These User Terms form the entire agreement between you and BlackpoolNow
and supersede any other oral or written communications, agreements or representations
with respect to your use of this Web Site and Web Site Services.
11.3 BlackpoolNow reserves the right to add to or change the terms of these User
Terms in its sole discretion without prior notice to you. All changes to the
User Terms will be effective once posted on the Web Site. BlackpoolNow will provide
as much notice as possible prior to making any changes to the User Terms on the
Web Site, but prior notice may not always be feasible for a variety of reasons.
Your continued use of the Web Site or the Web Site Services following BlackpoolNow's
posting of such changes will be regarded by BlackpoolNow as acceptance of the
amended User Terms. If you do not agree to be bound by the amended User Terms
you should exit the Web Site and not access or use the Web Site in the future.
11.4 Nothing in these User Terms affects your statutory rights as a consumer.
11.5 If any part of these User Terms are held by a court of competent jurisdiction
to be unenforceable, the validity of the remainder of these User Terms will not
be affected.
11.6 You acknowledge that BlackpoolNow has entered into these User Terms for
its own benefit and for the benefit of each BlackpoolNow Company (as defined
in Clause 11.1 above) and these User Terms are intended to be enforceable by
each BlackpoolNow Company by virtue of the Contracts (Rights of Third Parties)
Act 1999.
11.7 Subject to Clause 11.6, a person who is not a party to these User Terms
has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce
any term of these User Terms but this does not affect any right or remedy of
a third party which exists or is available apart from that Act.
11.8 If BlackpoolNow or any BlackpoolNow Contractor is unable to perform any
obligation under these User Terms because of a matter beyond its reasonable control,
including (but not limited to) fire, flood, explosion, war, civil disorder, industrial
disputes (whether or not involving its employees), or other disasters or governmental
laws and regulations imposed after the fact, or events beyond the reasonable
control of BlackpoolNow or the BlackpoolNow Contractors, neither BlackpoolNow
nor any BlackpoolNow Contractor will have any liability for that failure to perform.
11.9 Your use of the Internet is solely at your risk and subject to all applicable
laws, and BlackpoolNow has no responsibility for any information, software, services
or other materials accessed or obtained by you using the Internet.
11.10 Unless otherwise specified on this Web Site, the BlackpoolNow Materials
available on this Web Site are directed solely at those who access the Web Site
from the United Kingdom. BlackpoolNow makes no representation that any BlackpoolNow
Material is appropriate for use elsewhere, or available in any other locations.
Those who choose to access this Web Site and the Web Site Services from any other
location are solely responsible for compliance with local laws and regulations
if, and to the extent, that they are applicable.
11.11 These User Terms are governed by the laws of England, and subject to the
non-exclusive jurisdiction of the English Courts.
© BlackpoolNow. 2007
All rights reserved.
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