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Terms and Conditions of Use
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About us Chinwag Limited is company specialising in the provision of online services, to provide a forum for the sharing, discussion, distribution, and dissemination of information, views and news on various topics. These terms and conditions ("Terms") apply to all and any use of this website and each of Chinwag's associated sites (including without limitation www.Chinwag.com, www.uk-comedy.co.uk, www.uk-netmarketing.co.uk, www.uk-netmarketing.com, www.uk-webcasting.co.uk, www.uknm.co.uk, www.uknm.com) together with the services associated therewith (including without limitation all mailing lists, email lists, newsgroups, chatrooms web mail, message boards and like forum run operated or controlled by Chinwag ("Chinwag Services") and all and any postings, emails and other communications made to or using the Chinwag Services or any services run by Chinwag ("Submissions"). If you do not accept these Terms you should not use a Site, make Submissions or subscribe to any Chinwag Services. Chinwag may make alterations to these terms and conditions from time to time and these variations shall become effective immediately upon being accessible from Chinwag.com. Submissions Chinwag is a mere conduit engaged in the business of providing an Internet information location service or tool and is engaged in the transmission, storage, retrieval, hosting, formatting or translation of third party communications without selection or alteration of the content of the communication. You agree and accept that Chinwag has no responsibility to review the content of the Submissions or the Chinwag Services all of which are made available on the basis that Chinwag shall not be required to exercise any control or judgement of the content or the material posted or contained therein. The views expressed in any Submissions are the views of the individual contributors and not those of Chinwag unless specified otherwise by Chinwag. In particular but without limitation to the above Chinwag is not responsible for and disclaims all liability in respect of any comments, views or remarks expressed in any Submissions. Chinwag gives no warranty and makes no representation as to the accuracy, currency or validity of the information and material contained within the Submissions or the Chinwag Services and shall not be responsible for any loss or damage caused as a result of any use of such material. You agree and undertake that you will not post or transmit to, through or using the Chinwag Services any statement, material or Submission that: is unlawful or which gives rise to civil or criminal liability; is technically harmful such as computer viruses, worms, logic bombs or other malicious software or harmful data; is defamatory, libellous, untrue, discriminatory, obscene, inflammatory or racist material whatsoever. You agree to indemnify and hold harmless Chinwag against all liability it may have in respect of and arising out of your use of the Chinwag Services and your Submissions. Intellectual Property Rights, Copyright and Trade Marks The design, development, layout, concepts, source code and back end software of the Chinwag Services, except where expressed otherwise, are the property of Chinwag and all copyright, design rights, database right, patents, personality rights and any rights to inventions, know-how, trade and business names, trade secrets, logos and devices, trade and service marks (whether registered or unregistered) and any applications therefor ("Intellectual Property Rights") in the Chinwag Services belong to and vest in Chinwag, or are licensed to Chinwag unless otherwise specified. All such rights of Chinwag are hereby asserted and reserved. No person other than the rightful owner or licensee of such Intellectual Property Rights may: distribute, modify, transmit, re-use, re-post, or use any or all of the Chinwag Services or the information contained therein for any purpose other than as set out above nor for public or commercial purposes without Chinwag's or the relevant licensee's prior written permission; provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to the Chinwag Services without Chinwag's or the relevant licensee's prior written permission; display, publish, copy, print, post or otherwise use the Chinwag Services and the information contained therein for the benefit of any other website without Chinwag's or the relevant licensee's prior written permission; process or otherwise use the information contained on or within the Chinwag Services for any illegal or immoral purpose nor use or process the same unfairly. When making Submissions you agree and accept that Chinwag may publish or otherwise distribute them and you therefore grant to Chinwag an irrevocable, perpetual, non-exclusive right and licence to publish the Submissions and all content contained therein on or within the Chinwag Services, on any other media whatsoever and in its own advertising and promotion. You alone shall be responsible for your Submissions and the content of your Submissions and all rights, duties and obligations that go with it and represent and undertake to Chinwag that such Submissions do not involve, contain or include material that is likely to infringe the Intellectual Property Rights of any third party. You may not entitled to reproduce any of the material contained within the website for any purpose except with the permission of the owner (express or implied) or as provided by law or as set out below. You MAY download and use the Chinwag Services for your private, non-commercial, personal use only, provided that you retain all copyright notices and other proprietary notices contained on the Chinwag Services. You may not sub?licence or deal in this right without Chinwag's prior written permission. You therefore hereby undertake to Chinwag to indemnify and hold harmless Chinwag in full and defend at its own expense Chinwag against all claims, liabilities, costs and losses whatsoever and howsoever incurred by Chinwag its servants or nominees arising out of any claim made against it in any jurisdiction in the world for infringement of any Intellectual Property Rights of any third party caused by your use of the Chinwag Services and your Submissions. Chinwag, Chinwag.com, the Chinwag.com logo and the Chinwag logo are trade names or trade marks of Chinwag, the use of which is expressly forbidden by any other persons without the express permission of Chinwag. Chinwag makes no warranty or representation in respect of any other trade mark or trading name, symbol or device, all of which are hereby acknowledged. If you have any questions in relation to the use of any marks contained within the Chinwag Services please contact Chinwag at the address below. Privacy Policy Chinwag is committed to responsible management of consumer data. We comply with all rules, both ethical and legal, with respect to the use of consumer information obtained by us and we adhere strictly to all industry guidelines at all times. We undertake to continuously monitor our management of the use and security of consumer information to uphold your rights. This statement outlines the type of information we collect and store, our usage policy, and whom to contact with questions or concerns. From time to time Chinwag may ask for and / or you may choose to submit personal data to the Chinwag Services or Chinwag (including your email address and contact details) by filling out a feedback form, or signing up to our mailing list or otherwise by telling Chinwag about yourself or your activities. Chinwag will not collect, store or process any personal information about you unless you provide it to us voluntarily. If you do submit it, you agree and accept that this data may be used, stored and processed to develop and improve the Chinwag Services including their operation, administration and development as well as for operational, identification, marketing, administrative, advertising and promotional purposes but only in accordance with the Data Protection Act 1998. From time to time Chinwag may want to share this data with other reputable companies both within and outside the European Union. Chinwag may also use the information or parts of it to occasionally broadcast it or notify you about Chinwag events or related activities that you may find useful. Once collected, such data will be held within the European Union and the European Economic Area or other territory complying with the legal and technical guidelines laid down for handling data by the European Union and will only be used for the specific purpose for which it was sought and to which you consented. It will not be used for any other purpose whatsoever. Any personal data we hold on you will be deleted or updated upon request and any inaccurate or misleading data held will be changed or deleted upon your request. If you do not want Chinwag to collect or process your personal data as described above, please do not submit it and if you have or you believe that we have data about you that is incorrect or should you wish your data to be deleted or amended for any reason please email Chinwag at the address below and the information will be corrected as soon as possible or removed from our database as you request. Any data supplied by you will be kept secure in accordance with the requirements of our data protection licence and with the directions of the Data Protection Commissioner through whom this licence is held. Details of the data we hold on you will be provided on request although we reserve the right to charge the relevant statutory disclosure fee (where appropriate). Any request of this nature should be directed to the e-mail address shown at the bottom of this notice. As required by the UK Data Protection Act 1998 Chinwag follow strict security procedures in relation to the storage and disclosure of information which you have given to us, to prevent unauthorised access or use of such data. In the event, however, that Chinwag or its officers or employees are required to undertake any act under the Regulation of Investigatory Powers Act or similar legislation Chinwag or such person shall be entitled and occaisionally obliged to do so without informing you. We would also ask that in such circumstances you co-operate with Chinwag. Non-personally Identifiable Information Collected Automatically For each visitor to Chinwag's website and associated websites, our Web server automatically recognises your domain, the type of Internet browser you are using, the type of computer operating system you are using and the domain name of the Web site from which you linked to our site. This non-personally identifiable information is collected automatically, used for internal review, then discarded. Who to Contact Please e-mail questions or requests for more information about Chinwag's privacy policies and initiatives to help@Chinwag.com. Anyone may request the removal of his or her name from Chinwag's mailing lists, announcement lists or marketing database by sending an e-mail to help@Chinwag.com. You must provide your name, complete street address, city, country, post code and e-mail address. Any data we hold on you will be deleted from our existing files upon receipt of such notice. Consumers' Privacy Rights Chinwag holds the consumer relationship in the highest regard and pledges: To ensure that consumers have the ultimate right to control dissemination of their personal information. We support the self-regulation efforts of the direct marketing industry and believe this action is the best way to protect consumer privacy. We support legislation and regulatory efforts, which introduce fair, workable guidelines that protect the privacy of consumers. We will work to ensure that any such guidelines are consistent with and complement established self-regulatory measures, and that they allow the consumer to continue receiving the benefits that sophisticated marketing techniques can provide. To comply with all relevant legislation at all times and to implement such legislation as required. To monitor privacy issues and assure that any changes in legislation or industry standards regarding privacy issues are reflected in our Privacy Policy. To liaise internally and externally to identify and resolve misunderstandings about the law, industry standards or our Privacy Policy and to ensure their compliance with all self-regulatory and legislative obligations relating to the use of consumer data. To work with recognised trade associations and organisations that support consumer privacy. We actively participate in the efforts of Europe's Direct Marketing Industry to establish industry guidelines that safeguard the individual right to privacy. To provide services that benefit both consumers and marketers. Consumers benefit from our services through the realisation of lower prices that result from the marketers' more efficient communications approach. In addition, consumers realise savings in time and expense by being able to shop via the Internet. Marketers can better tailor their products and services to meet the needs of their customers with our assistance. Further, they can refine their promotional efforts to target only those customers for whose benefit the products have been produced. Liability Chinwag provides and maintains the Chinwag Services for personal education, entertainment and information, free of charge and on an "as is" basis. Chinwag shall be liable only to provide the services that make up the Chinwag Services with reasonable skill and care. Chinwag cannot and do not give any warranties in connection with any Chinwag Services and to the maximum extent permitted by law, Chinwag excludes liability for all representations, warranties, conditions and other terms which but for this notice would have effect. To the maximum extent permitted by law, Chinwag excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect, punitive indirect or consequential loss whether or not the loss or damage arises out of any problem you notify to Chinwag and Chinwag shall have no liability to pay any money by way of compensation including without limitation all liability in relation to: the infringement by any person of any Intellectual Property Rights of any third party caused by their use of the Chinwag Services, Submissions and any material contained therein; all representations, warranties, conditions and other terms (including without limitation conditions implied by law as to satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this notice would have effect in relation to the content of Submissions; any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading any Chinwag Services or Submissions; the availability, quality, content or nature of the other sites on the internet that are owned and operated by third parties ("External Sites") to which the Chinwag Services and Submissions link and web site located on or through any External Site nor for any transactions involving External Sites (including as to 'cookies', personal data, confidential information, or purchases of domain names or other services). You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links, web site or transactions. Chinwag shall be entitled not to accept any Submission and shall be entitled to restrict suspend or terminate access to the Chinwag Services (or part thereof) if in its absolute discretion it considers it reasonable to do so, (including without limitation if your Submissions involve material that is likely to infringe the Intellectual Property Rights of any third party, contains defamatory, hateful, pornographic and other legally restricted material). These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall it exclude or limit Chinwag's liability for death or personal injury resulting from its negligence. Termination Chinwag shall be entitled to terminate this Agreement and immediately remove, cancel or suspend access to and use of the Chinwag Services upon your breach of any part of these Terms whatsoever. Termination shall be without prejudice to the accrued rights of either party. Chinwag will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including without limitation Internet outages, communications outages, fire, flood, war or act of God. General Except as provided above there are no other warranties, conditions or other terms, express or implied, statutory or otherwise, and all such terms are hereby excluded to the maximum extent permitted by law (but subject to your statutory and common law consumer rights). All questions, comments or enquiries should be directed by email to postmaster@Chinwag.com or by post to Postmaster, Chinwag Limited Chinwag acts as principal on its own account and not as agent for you or any other person. If Chinwag does not enforce any provision of this agreement such will not be considered a waiver of any provision or right. In the event that any part of these terms and conditions is held to be unenforceable, such part will at Chinwag's option be construed as far as possible to reflect the parties' intentions and the remainder of the provisions will remain in full force and effect. These terms and conditions constitute the entire agreement between you and Chinwag and shall apply to the exclusion of all other terms or conditions of contract which you may purport to propose. Use of Chinwag and these terms are subject to the laws of England which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licences and conditions of use and shall be construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts. Where national regulatory authorities have jurisdiction over the Chinwag Services and Submissions, Chinwag has attempted to ensure compliance with the requirements of such regulatory body. However, some of the information and content may not to be accessed from certain jurisdictions and it is hereby asserted that the Chinwag Services are intended for and directed at the UK and EU and no representation or warranty is made as to whether the Chinwag Services and Submissions comply with the regulatory regime and local laws of any other countries. Refund Policy We want you to be totally satisfied with every purchase you make from Chinwag. It is our aim to offer you value and quality. If, for any reason, you are not completely happy with your purchase, simply contact help@chinwag.com within 30 days of purchase, and we'll exchange the service or offer you a full refund and that's guaranteed! Your statutory rights are unaffected.
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