1.1 In accordance with the following user terms (‘User Terms’), Mortons Media Group Limited. (Mortons Media Group Ltd.) grants you as an authorised user (‘Authorised User’ or ‘you’) of this Mortons Media Group Ltd. 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 Mortons Media Group Ltd. (“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 Mortons Media Group Ltd.) 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 Mortons Media Group Ltd. shall have no responsibility, obligations or liability in relation to the Merchandise.
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 any Forums separate Forum Rules which are located on the Web Site shall also apply in addition to these User Terms.
1.8 Please note that calls to Mortons Media Group Ltd may be recorded for training and monitoring purposes
2. Licence to Use Material on Web Site
2.1 Mortons Media Group Ltd. 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) (‘Mortons Media Group Ltd. 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 Mortons Media Group Ltd. 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 Mortons Media Group Ltd. Material;
• modify, translate, reverse engineer, reproduce, decompile, disassemble (except as expressly permitted by law) or create derivative works of any of the Mortons Media Group Ltd. Material;
• rent, lease, sub-licence, loan, copy or give or transfer any rights in the Mortons Media Group Ltd. Material in any form, to any person or entity without the prior written consent of Mortons Media Group Ltd..
3. Ownership of Intellectual Property Rights
3.1 Notwithstanding the limited rights granted to you in accordance with Clause 2, Mortons Media Group Ltd., or Mortons Media Group Ltd.’s suppliers, subcontractors and agents (collectively ‘Mortons Media Group Ltd. Contractors’) (as applicable) shall retain all ownership, title and interest in the intellectual property rights contained in the Mortons Media Group Ltd. 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 Mortons Media Group Ltd.. Mortons Media Group Ltd. 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:
• Mortons Media Group Ltd. 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 Mortons Media Group Ltd. Material;
• you must delete or destroy any of the Mortons Media Group Ltd. 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. Mortons Media Group Ltd.’s Responsibilities
5.1 Mortons Media Group Ltd. undertakes to use commercially reasonable endeavours to prevent breaches of security of the Web Site.
5.2 Mortons Media Group Ltd. 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 Mortons Media Group Ltd. 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 Mortons Media Group Ltd. reserves the right, without notice to you, to remove any Mortons Media Group Ltd. 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. Mortons Media Group Ltd. 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 Mortons Media Group Ltd. 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 Mortons Media Group Ltd. 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, Mortons Media Group Ltd. 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 Mortons Media Group Ltd. 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 Mortons Media Group Ltd. or Mortons Media Group Ltd. Contractors. By accepting these User Terms, you expressly agree to transfer such personal information or data to Mortons Media Group Ltd. or Mortons Media Group Ltd. 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 Mortons Media Group Ltd. web sites.
7.2 For the purposes of the Act, you further agree that Mortons Media Group Ltd. or an Mortons Media Group Ltd. 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 Mortons Media Group Ltd. 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.
8. Limitation of Liability
8.1 Mortons Media Group Ltd. does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of Mortons Media Group Ltd., its employees, or Mortons Media Group Ltd. Contractors, and the remainder of this Clause 8 shall not apply to such liability.
8.2 To the extent that Mortons Media Group Ltd. 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, Mortons Media Group Ltd.’s entire liability shall be limited to £1,000 for any one incident or series of related incidents and up to £2,000 for all incidents in any period of 12 months.
8.3 Mortons Media Group Ltd. 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 Mortons Media Group Ltd.. The links will let you leave the Web Site and Mortons Media Group Ltd. 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 Mortons Media Group Ltd. of the linked site. If you decide to access linked third party web sites, you do so at your own risk.
9.1 You may send a notice to Mortons Media Group Ltd., or any questions you may have concerning these User Terms by email to [email protected] or by writing to Company Secretariat, Mortons Media Group Ltd., Mortons Way, Horncastle, Lincolnshire, LN9 6JR. Such notices will be effective within three days of receipt.
9.2 Mortons Media Group Ltd. may send you notice by general notice on this Web Site, by email to your email address on record with Mortons Media Group Ltd., or by post to the geographical address on record with Mortons Media Group Ltd.. Such notice will be effective if sent by email or posted on the Web Site, one day from the date it was sent or posted on the Web Site. If sent by regular post, it will be effective three days after posting by Mortons Media Group Ltd..
10. Competition Rules
10.1 All competitions offered by Mortons Media Group Ltd. from this Web Site (“Competitions”) are open to any United Kingdom, Republic of Ireland or Channel Island resident who is aged 18 or over, except for employees (and their families) of any Mortons Media Group Ltd. Group company 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, 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.
11.1 For the purposes of Clauses 1.4, 3, 6.3, 7, 8 and 11.8 of these User Terms, Mortons Media Group Ltd. shall mean Mortons Media Group Ltd. and/or any Mortons Media Group Ltd. Group Company which means an Mortons Media Group Ltd. 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 Mortons Media Group Ltd. 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 Mortons Media Group Ltd. 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. Mortons Media Group Ltd. 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 Mortons Media Group Ltd.’s posting of such changes will be regarded by Mortons Media Group Ltd. 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 Mortons Media Group Ltd. has entered into these User Terms for its own benefit and for the benefit of each Mortons Media Group Ltd. Company (as defined in Clause 11.1 above) and these User Terms are intended to be enforceable by each Mortons Media Group Ltd. 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 Mortons Media Group Ltd. or any Mortons Media Group Ltd. 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 Mortons Media Group Ltd. or the Mortons Media Group Ltd. Contractors, neither Mortons Media Group Ltd. nor any Mortons Media Group Ltd. 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 Mortons Media Group Ltd. 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 Mortons Media Group Ltd. Materials available on this Web Site are directed solely at those who access the Web Site from the United Kingdom. Mortons Media Group Ltd. makes no representation that any Mortons Media Group Ltd. 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.