- Definitions
In these terms and conditions the following meanings shall apply:
Agreement the entire contract between Publisher and You for the
provision of the Content incorporating these terms and conditions
(and any information contained within hyperlinks contained herein)
and the documents referred to in them, to the exclusion of all other
terms;
Approved Use Your own personal use i.e. personal non-corporate
websites, not-for-profit organisations and non- commercial
educational use only;
Content the headlines and other information and materials in
whatever form from time to time available to You via RSS for use on
Your website;
Publisher Interlink Communications Limited whose registered
office is situated at suite 1, International House, Bell Lane, Gibraltar.
You and Your You the user of the Content;
RSS the Really Simply Syndication facility which comprises an XML
based format for distribution and aggregation of Content
- Provision of the Content
In consideration of You agreeing to the terms and conditions of
this Agreement the Publisher will provide the Content.
Publisher cannot guarantee that the Content will never be faulty
or that it will be available at all times but Publisher will
endeavour to correct reported faults as soon as Publisher reasonably
can. If a fault occurs You should report the fault to Publisher.
Publisher may need to vary the technical specification, or
temporarily suspend the whole or any part, of the Content from time
to time but shall give You as much notice as is reasonably
practicable in the circumstances.
Publisher may at its absolute discretion deem Your website
to be unsuitable for carrying the Content for example if Your
website contains material which in its absolute opinion is
libellous, defamatory, obscene, pornographic, gratuitously sexual,
abusive, harassing, discriminatory, exploitative of children under
18 or otherwise illegal. In such instances You will be notified and
You must remove all Content from Your website within 24 hours of
notification by the Publisher and in the event that You fail to do
so You will fully Indemnify the Publisher against all costs, claims
and expenses attributable to and/or resulting from such failure.
- Use of the Content
The RSS service enables You to place the Content on Your
website. Publisher grants You a non-exclusive, non-transferable
licence to use the Content on the terms of this Agreement. Subject
to the excluded uses set out in Clause 2.2 below, and unless
indicated to the contrary by the Publisher, any Content You download
may be used only for Approved Use.
Nothing in this Agreement or Your relationship with Publisher or
the facility of the Service permits You, either during or after the
termination of this Agreement, to make use of the Content in order
to re-express it for commercial purposes and any such use by You of
the Content as a direct or indirect step in that or similar process
is unauthorised and expressly prohibited. You must not, nor attempt,
nor authorise others, to: (i) re-sell the Content; (ii) make the
Content available to others via an intranet, extranet or software
(iii) use the Content for business or commercial purposes. Any
Content which You place on your website must be held with all
credits, legends, notices or markings maintained. You may not
display any other credits or logos in close proximity to the Content
so as to lead users of Your website to believe such other person or
entity is the author, publisher or distributor of such Content.
All copyright and all other rights, title and interests in and
to the Content shall remain the property of the Publisher and its
licensors and all rights not expressly licensed by these terms and
conditions are strictly reserved by Publisher and its licensors. Any
copying, storage, transmission, publication or use, other than as
set out in this Agreement, is prohibited.
You must contact Publisher immediately if anyone makes or
threatens to make a claim against You relating to Your use of the
Content and You will comply with any reasonable request from
Publisher in relation to such claim.
All Content is subject to availability and may be amended or
replaced without notice at any time.
The Publisher may from time to time at its sole discretion
request that You remove the Content, or part thereof, from Your
website. You agree to remove such Content from Your website within
24 hours of notification by the Publisher and in the event that You
fail to do so You will fully Indemnify the Publisher against all
costs, claims and expenses attributable to and/or resulting from
such failure.
You warrant that users of Your website shall be required to
comply with terms that are equivalent to or greater than the terms
of this agreement in relation to their use of the Content.
- Termination
In addition to any other rights Publisher may have, Publisher
can terminate the Agreement immediately without notice if You breach
any provision of this Agreement (and in the event of a remediable
breach, fail to remedy that breach within 7 days upon notice from
Publisher).
If Publisher delays in acting upon a breach of this Agreement by
You, that delay will not be regarded as a waiver of the breach. If
Publisher does waive a breach of this Agreement by You, that waiver
is limited to that particular breach.
On expiry or termination of this Agreement for whatever reason:
(i) Publisher shall terminateYour access to the Content; (ii) You
shall have no further right to access or use the Content;
- Liability
Whilst Publisher will use all reasonable skill and care in the
creation and supply of the Content the Publisher does not give any
warranty as to the Content's suitability, accuracy or fitness for
any purpose. Save as expressly permitted in this Agreement, all
warranties, conditions or other terms implied by statute, common law
or otherwise are excluded to the fullest extent permitted by law.
Except where specifically included herein the Publisher excludes
all liability whether in contract, tort (including liability for
negligence) or otherwise for the suitability, accuracy or fitness
for any purpose of the Content.
The Publisher excludes all liability for loss of business revenue
or profits, anticipated savings or wasted expenditure, corruption or
destruction of data or for any other indirect or consequential loss
whatever.
Publisher does not limit or exclude its liability for death or
personal injury caused by its negligence or any other liability the
limitation or exclusion of which is prohibited by law.
- Indemnity
You agree to indemnify Publisher against any costs, claims, damages
or expenses arising from any use by You of the Content under this
Agreement which are brought or threatened against Publisher by
another person or entity.
- General
Publisher may modify the Agreement at any time. If it wishes to
do so it will notify You of the proposed changes by publishing them
at this URL or substitute URL. It is Your responsibility to check
this Agreement regularly. Continued use by You of the Content
following such modifications shall amount to acceptance by You of
them.
You are not allowed to transfer or attempt to transfer Your
rights or obligations under this Agreement in whole or in part.
Publisher will not be liable if Publisher cannot perform its
obligation under this Agreement because of circumstances beyond its
reasonable control such as technical failure, severe weather, fire
or explosion, civil disorder, war, or military operations, natural
or local emergency, anything done by government or other competent
authority or industrial disputes of any kind.
This Agreement may only be concluded in Gibraltar and is
governed by, and construed in accordance with, Gibraltar Law and You
and Publisher submit to the exclusive jurisdiction of the Gibraltar
courts as regards any claim or matter arising in relation to this
Agreement.
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