Our VAT number is 477724800. We are regulated by the Financial Services Authority.
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1.
INTRODUCTION
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1.1
You may access most areas of the Website without registering your
details with EIO. Certain areas of the Website are only open to you if you register.
Any personal data that you submit to this Website shall be subject to EIO’s
privacy policy.
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1.2
By accessing any part of the Website, you shall be deemed to have
accepted this legal notice in full. If you do not accept this legal notice in full,
you must leave the Website immediately.
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1.3
EIO may revise this legal notice at any time by updating this
posting. You should check the Website from time to time to review the then current
legal notice, because it is binding on you. Certain provisions of this legal notice
may be superseded by expressly designated legal notices or terms located on particular
pages at the Website.
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2
LICENCE
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2.1
2.1Users of this website are permitted to view audio-visual and visual
content submitted by entrants to EIO’s “True Meaning of Christmas” film competition
and other materials submitted by such persons (“Content”) subject to these terms
and conditions. By viewing any Content you agree and acknowledge that:
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(i)
you are permitted to view Content in real time during the normal
course of your use of this Website only. Except as may be expressly permitted by
applicable law, you are not entitled to download, copy, store, distribute, amend
or otherwise deal with any Content without EIO’s express written consent;
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(ii)
Content has been submitted to EIO for inclusion on this
website from a number of sources, and while EIO use reasonable endeavours to ensure
that no material will be included on this website that may cause offence or other
harm to users, EIO is not responsible for Content, including its accuracy or the
views or comments expressed in any Content. In addition EIO is not responsible
for, and subject to clause 2.2 you hereby waive any entitlement to make any claim
against EIO in respect of, any defamation or any infringement of your intellectual
property rights or other rights, that may have occurred through EIO’s storing and
making available to view Content submitted to it.
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2.3
If in good faith you consider that any Content is defamatory of
you or infringes your intellectual property rights or other rights you should
immediately contact EIO at the address provided above (marked for the attention
of Bruce Rickard), setting out full details of the alleged defamation or infringement
and the nature of your rights. Subject to your submission of the required information,
EIO will as soon as practicable on receipt of your notice disable the Content in
question from further viewing and will notify the alleged infringer of your notice.
If EIO receives a counter-notice from such alleged infringer claiming that no
defamation or infringement has in fact taken place, EIO will notify you of such
counter-claim. If within 10 days of EIO’s notice of a counter-claim to you have
not commenced court action against the alleged infringer EIO reserves the right to
restore the Content in question to this Website.
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2.4
EIO’s liability to you in respect of any claim that it has failed
to act in accordance with clause 2.3 will in each case be limited to the sum of
£100.
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3.
SERVICE ACCESS
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3.1
While EIO will endeavour to ensure that this Website is normally
available 24 hours a day, EIO shall not be liable if for any reason the Website is
unavailable at any time or for any period.
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3.2
Access to this Website may be suspended temporarily and without
notice in the case of system failure, maintenance or repair or for reasons beyond
EIO's control.
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4
VISITOR MATERIAL AND CONDUCT
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4.1
EIO will prior to posting any material submitted by you review
such material. In any event and despite EIO’s review, whenever you make use of a
feature that allows you to comment on any materials (including Content) on this
Website, or to make contact with other users of this Website, you must comply with
the standards set out below. Comments and correspondence with other users must
not:
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•
Contain any material which is defamatory or potentially
defamatory of any person.
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Contain any material which is obscene, offensive, hateful
or inflammatory.
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Promote or contain sexually explicit material.
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Promote violence.
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Promote discrimination based on race, sex, religion,
nationality, disability, sexual orientation or age.
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Infringe any copyright, database right, trade mark or
any other right of any other person.
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Be likely to deceive any person.
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4.2
EIO will not be responsible, or liable to any third party, for the
content or accuracy of any comments posted by you or any other user of this
Website.
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4.3
EIO has the right to remove any posting you make on this Website
or to refuse to post any material you submit to EIO if, in EIO’s opinion, such
material does not comply with the content standards set out above.
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4.4
In addition to EIO’s other rights, if EIO considers that there
has been a breach of these terms of use, EIO may at its option:
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•
Immediately withdraw your right to use this
Website, whether permanently or temporarily.
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Issue a warning to you.
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Take legal proceedings against you for
reimbursement of all costs on an indemnity basis (including, but not
limited to, reasonable administrative and legal costs) resulting from the
breach.
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Take further legal action against you.
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4.5
Other than personally identifiable information, which is covered
under EIO’s privacy policy, any comments or material you post to this Website will
be considered non-confidential and non-proprietary. EIO will be entitled to notify
the appropriate authorities should EIO consider any comments posted by you to this
Website to be in breach of any applicable law. EIO also has the right to disclose
your identity to any third party who is claiming that any comments posted by you
to this Website constitutes a violation of their intellectual property rights, or
of their right to privacy or are defamatory of them.
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4.6
Unless otherwise stated, the copyright and other intellectual
property rights in all material on the Website (including without limitation
photographs and graphical images) are owned by EIO or its licensors
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4.7
You may not misuse this Website (including, without limitation,
by hacking) or by uploading any material which is technically harmful (including,
without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful
components, corrupted data or other malicious software or harmful data).
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5
LINKS TO AND FROM OTHER WEBSITES
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5.1
Links to third party websites on this Website are provided
solely for your convenience. If you use these links, you leave this Website. EIO
has not reviewed all of these third party websites and does not control and is not
responsible for these websites or their content or availability. EIO therefore
does not endorse or make any representations about them, or any material found
there, or any results that may be obtained from using them. If you decide to
access any of the third party websites linked to this Website, you do so entirely
at your own risk.
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5.2
If you would like to link to the Website, you may only do so on
the basis that you link to, but do not replicate, the home page of this Website,
and subject to the following conditions:
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5.2.1
you do not remove, distort or otherwise
alter the size or appearance of EIO’s logo;
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5.2.2
you do not create a frame or any other browser or
border environment around this Website;
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5.2.3
you do not in any way imply that EIO is endorsing
any products or services other than its own;
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5.2.4
you do not misrepresent your relationship
with EIO nor present any other false information about EIO;
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5.2.5
you do not otherwise use any of EIO’s trade marks
displayed on this Website without express written permission from the
Company;
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5.2.6
you do not link from a website that is not owned
by you; and
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5.2.7
your website does not contain content that is
distasteful, offensive or controversial, infringes any intellectual property
rights or other rights of any other person or otherwise does not comply
with all applicable laws and regulations.
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5.3
EIO expressly reserves the right to revoke the right granted in
clause 5.2 for breach of these terms and to take any action it deems
appropriate.
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6.
REGISTRATION
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6.1
If you register your details with us EIO does not permit you
to share your user name and password with any other person nor with multiple
users on a network.
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6.2
Responsibility for the security of any passwords issued rests
with you.
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7
LIABILITY
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7.1
Except as provided above in clause 2.4, EIO excludes all
liability and responsibility for any amount or kind of loss or damage that may
result to you in connection with this Website in any way or in connection with
your use, inability to use or the results of use of this Website, any websites
linked to this Website or the material on such websites, including but not limited
to loss or damage due to viruses that may infect your computer equipment, software,
data or other property on account of your access to, use of, or browsing this
Website or your downloading of any material from this Website or any websites
linked to this Website.
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7.2
Nothing in these terms of use shall exclude or limit EIO's
liability for:
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7.2.1
death or personal injury caused by EIO’s negligence;
or
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7.2.2
fraud; or
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7.2.3
misrepresentation as to a fundamental matter; or
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7.2.4
any liability which cannot be excluded or limited under
applicable law.
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8
GOVERNING LAW AND JURISDICTION
These terms of use
and any dispute or claim arising under them are governed by English law and the
English courts shall have non-exclusive jurisdiction to settle any such disputes or
claims.