| General Provisions
Wirral Show ™ ("Wirral Show ™," "we," "us")
provides this web site, and all site-related services (collectively, the "Site")
subject to your compliance with the terms and conditions set forth in this agreement
(the "Agreement"). This Agreement governs the relationship between Wirral
Show ™ and you ("you") with respect to your use of the Site. It
is important you read carefully and understand the terms and conditions of this
Agreement.
We reserve the right at any time to:
• Change the terms and conditions of this Agreement; and
• Change the Site, including eliminating or discontinuing any content on
or feature of the Site.
Any changes to the terms and conditions of this Agreement will be effective
immediately upon notice to you, whether provided by a posting on the Site, by
electronic mail, or other means. Your continued use of the Site after such notice
will be deemed acceptance of such changes. Any changes to the Site shall be effective
upon implementation of such change. Except as otherwise provided, any new content
on or features of the Site shall be subject to this Agreement. Please bookmark
this page and review it periodically to make yourself familiar with the most recent
version.
1. Privacy Policy.
Please read the Wirral Show ™ Privacy Policy, which is incorporated herein
by reference. By using the Site, you agree to be legally bound by the Wirral Show
™ Privacy Policy, which discusses and governs our collection and use of
any information you submit to us.
2. Monitoring The Site.
We have no obligation to monitor the Site. You acknowledge and agree, however,
that we do retain the right to monitor the Site and to disclose any information
as necessary or appropriate to satisfy any law, regulation or other governmental
request, to operate the Site properly, or to protect ourselves or our users. We
will not intentionally monitor or disclose any private electronic-mail message
unless required by law. We reserve the right to refuse to post or to remove any
information or materials from any portion of the Site, in whole or in part, that,
in our sole discretion, are unacceptable, undesirable, inappropriate or in violation
of these Terms Of Service.
3. Ownership and Restrictions on Use.
© 2006 Wirral Show ™ All Rights Reserved. The Site, including any and
all related software, data, text, graphics, images, audio and video clips, logos,
icons, and links (collectively, the "Materials"), is owned and operated
by Wirral Show ™ in conjunction with others pursuant to contractual arrangements,
and the Materials (and any intellectual property and other rights relating thereto)
are and will remain the property of Wirral Show ™ and its licensors and
suppliers. The Materials and the selection, compilation, collection, arrangement,
and assembly thereof are protected by U.K. and international copyright, trademark,
and other laws, and you acknowledge that these rights are valid and enforceable.
Except as otherwise expressly permitted in this Agreement, you may not copy, reproduce,
republish, upload, post, transmit, or distribute Materials or other content or
information available on or through the Site in any way without our prior written
permission, except you may download and view one copy of such Materials on any
single computer for your personal, non-commercial home use, provided you keep
intact, without change, each such Material and all copyright and other proprietary
notices in or on such Material. Modification of the Materials or use of the Materials
for any other purpose is a violation of our copyright and other proprietary rights,
and is strictly prohibited. You acknowledge you do not acquire any ownership rights
by using the Site or the Materials.
4. Code of Conduct.
While using the Site (including participating in any Site-related services), you
agree not to:
• Use any robot, spider, site search/retrieval application, or other
manual or automatic device or process to scrape, retrieve, index, "data mine,"
or in any way reproduce or circumvent the navigational structure or presentation
of the Site or its contents; or
• Restrict or inhibit any other visitor from using the Site, including,
without limitation, by means of "hacking" or defacing any portion of
the Site;
• Attempt to gain unauthorized access to other computer systems through
the Site;
• Use the Site or Materials for any unlawful purpose;
• Express or imply that any statements you make are endorsed by us, without
our prior written consent;
• Transmit (a) any content or information that is unlawful, fraudulent,
threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable,
or infringes our or any third party’s intellectual property or other rights;
(b) any material, non-public information about companies without the authorization
to do so; (c) any trade secret of any third party; or (d) any advertisements,
solicitations, chain letters, pyramid schemes, investment opportunities, or other
unsolicited commercial communication (except as otherwise expressly permitted
by us);
• Engage in spamming or flooding;
• Transmit any software or other materials that contain any viruses, worms,
trojan horses, defects, date bombs, time bombs, or other items of a destructive
nature;
• Modify, adapt, sublicense, translate, sell, reverse engineer, decompile,
or disassemble any portion of the Site;
• Remove any copyright, trademark, or other proprietary rights notices contained
in the Site or Materials;
• "Frame" or "mirror" any part of the Site without our
prior written authorization;
• Harvest or collect information about other Site users without their express
consent.
While using the Site and/or Materials, you agree to comply with all applicable
laws, rules, and regulations.
5. Security.
You understand and acknowledge that no data transmission over the Internet can
be guaranteed to be 100% secure and we cannot guarantee that any personal information
you submit to us will be free from unauthorized third party intrusion. You understand
and agree that all information you submit to Wirral Show ™ is done so at
your own risk.
6. Internet Access.
You acknowledge and agree in connection with your use of the Site you must: (a)
provide for your own access to the World Wide Web and pay any service fees associated
with such access, and (b) provide all equipment necessary for you to make such
connection to the World Wide Web, including a computer, software, a modem and
a working telephone line. Wirral Show ™ shall not be responsible for any
malfunctions, errors, crashes or other adverse events that may occur from your
use of the Site.
7. Links.
The Site contains links to other Internet web sites, which may or may not be owned
or operated by Wirral Show ™. Wirral Show ™ has not reviewed all of
the web sites that are linked to the Site, and Wirral Show ™ may not have
control over such sites. Unless otherwise explicitly stated, Wirral Show ™
is not responsible for the content of such web sites, or the privacy or other
practices of such sites, and the fact that Wirral Show ™ offers such links
does not indicate any approval or endorsement of any material contained on any
linked site. Wirral Show ™ is providing these links to you only as a convenience.
Accordingly, we strongly encourage you to become familiar with the terms of service
and practices of any linked site. Further, it is up to you to take precautions
to ensure that whatever links you select or software you download (whether from
the Site or other sites) is free of such items as viruses, worms, trojan horses,
defects, date bombs, time bombs, and other items of a destructive nature.
8. Trademarks.
The trademarks, logos, and service marks displayed on the Site (collectively the
"Trademarks") are the registered and unregistered trademarks of Wirral
Show ™, Wirral Show ™’s licensors and suppliers, and others.
The Trademarks owned by Wirral Show ™, whether registered or unregistered,
may not be used in connection with any product or service that is not Wirral Show
™’s, in any manner that is likely to cause confusion with customers,
or in any manner that disparages Wirral Show ™. Unless otherwise expressly
granted in this Agreement, nothing contained on the Site should be construed as
granting, by implication, estoppel or otherwise, any license or right to use any
Trademark without the express written permission of Wirral Show ™, Wirral
Show ™’s licensors or suppliers, or the third-party owner of any such
Trademark. Misuse of any Trademarks is prohibited, and Wirral Show ™ will
aggressively enforce its intellectual property rights in such Trademarks, including
via civil and criminal proceedings.
9. Jurisdictional Issues.
Unless otherwise specified, the Site is solely directed to individuals residing
in the United Kingdom. We make no representation that Materials available on or
through the Site are appropriate or available for use in other locations. Those
who choose to access the Site from other locations do so on their own initiative
and at their own risk, and are responsible for compliance with local laws, if
and to the extent local laws are applicable. We reserve the right to limit the
availability of the Site (including the provision of any service or other product
described thereon) to any person, geographic area or jurisdiction, at any time
and in our sole discretion, and to limit the quantities of any such service or
product that we provide. VOID OUTSIDE OF THE ELIGIBILITY AREA AND WHERE OTHERWISE
PROHIBITED BY LAW.
10. Termination.
This Agreement shall remain effective until terminated in accordance with its
terms. Either party may terminate this Agreement immediately upon notice to the
other party. In addition, we reserve the right to immediately terminate this Agreement,
and/or your access to and use of the Site or any portion thereof, at any time
and for any reason, with or without cause. Upon termination of this Agreement
by either party, your right to use the Site and any licenses granted herein shall
immediately cease, and you shall destroy all Materials obtained from the Site
and all copies thereof, whether made under the terms of this Agreement or otherwise.
11. Disclaimers.
THE SITE, THE MATERIALS ON THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH
THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, Wirral Show ™ AND ITS AFFILIATES, LICENSORS, SUPPLIERS,
ADVERTISERS, SPONSORS, AND AGENTS DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT
LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY,
AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE
OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. Applicable law may not allow
the exclusion of implied warranties, so the above exclusions may not apply to
you. Wirral Show ™ AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS,
SPONSORS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED,
ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE
SERVER (S) ON WHICH THE SITE IS HOSTED IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE,
COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL
CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF
THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF Wirral
Show ™ OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS,
OR OTHER SITE USERS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.
ALL ACTIVITIES UNDERTAKEN BY YOU IN CONNECTION WITH THE SITE, AND YOUR USE OF
THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN
INITIATIVE AND RISK.
12. Limitation of Liability.
NEITHER Wirral Show ™ NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS
OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS,
OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, OR LOST PROFITS), UNDER
ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING
IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, ANY LINKED SITE
OR ANY ACTIVITY, PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SITE. YOUR SOLE
REMEDY FOR DISSATISFACTION WITH THE SITE, MATERIALS, OR ANY LINKED SITE IS TO
STOP USING THE SITE, MATERIALS, OR LINKED SITE, AS APPLICABLE. Wirral Show ™’S
MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY FOR ALL DAMAGES, LOSSES, AND CAUSES
OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE),
OR OTHERWISE, SHALL BE £00.00.
13. Indemnification.
You agree to indemnify, defend, and hold Wirral Show ™, our affiliates,
licensors, suppliers, advertisers, and sponsors, and our and their directors,
officers, employees, consultants, agents, and other representatives, harmless
from and against any and all claims, damages, losses, costs (including reasonable
attorneys’ fees), and other expenses that arise directly or indirectly out
of or from (a) your breach of this Agreement, including any violation of the Code
of Conduct, above; (b) any allegation that any materials you submit to us or transmit
to the Site, or to other web sites, infringe or otherwise violate the copyright,
trademark, trade secret, or other intellectual property or other rights of any
third party; and/or (c) your activities in connection with the Site and any Site-related
services.
14. Questions.
The Site is provided by Wirral Show ™. If you have any questions, comments
or complaints regarding this Agreement or the Site, feel free to contact us at
Web Site Inquiries, Wirral Show ™ ,
15. Miscellaneous.
This Agreement is governed by and shall be construed in accordance with the laws
of the United Kingdom, without regard to its principles of conflicts of law. You
agree to submit to the exclusive jurisdiction of the English Courts, and waive
any jurisdictional, venue, or inconvenient forum objections to other such courts.
If any provision of this Agreement is found to be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from this Agreement
and shall not affect the validity and enforceability of any remaining provisions.
This is the entire Agreement between us relating to the subject matter herein
and supersedes any and all prior or contemporaneous written or oral Agreements
between us with respect to such subject matter. This Agreement is not assignable,
transferable, or sublicensable by you except with Wirral Show ™’s
prior written consent. No waiver by either party of any breach or default hereunder
shall be deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption, or section title contained in this Agreement is inserted
only as a matter of convenience and in no way defines or explains any section
or provision hereof.
THIS NOTICE SHOULD BE RETAINED FOR REFERENCE
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