Terms and Conditions of Use
1. For the purposes of this Agreement, "We" means Assignments Unlimited, and "Content" means material including, without limitation, text, graphics, photographs, video and sound material, published on the Website or by its Services, whether copyright is held by Assignments Unlimited, or by a third party.
2. The Website currently includes (but is not limited to) the following news and information services ("Services"):
3. The Website and all of its Services are owned and operated by Pete Sawyer, trading as "Assignments Unlimited" ("Assignments Unlimited").
4. This Agreement is made between you and Assignments Unlimited.
5. By accessing www.newsconfidential.com, or any of its Services, whether directly, or through the RSS/XML news feeds, or through URL forwarding services, you are agreeing to be legally bound by the Terms, as modified, varied, or amended from time to time. Your use of the Website and its Services constitutes your agreement to the Terms. The Terms apply whenever you access the Website, or any of its Services, on whatever device, by whatever means.
6. We reserve the right to suspend or terminate your access to the Website and its Services at any time, with or without notice or explanation.
7. Some Services will require registration either now or in future. By completing the registration form, and by entering your username and password, you will be deemed to have accepted the Terms. By subscribing to any of our forums, email or text messaging services, you will also be deemed to have accepted the Terms.
8. All intellectual property rights, including copyright, in the Content displayed on the Website and its Services belong to Assignments Unlimited or its licensors. All rights are hereby reserved.
Collection of personal information
Use of Content
10. The Content may only be used for your personal, non-commercial use. For this purpose alone, you may retrieve and display the Content on a computer screen. You may also print out, but not photocopy, one copy of individual files on paper, and store these files in electronic form on disc, but not on any server or any other storage device connected to a network where other users could access the pages. You may download and print extracts from the Content and make copies of these for your own personal and non-commercial use only.
11. Except as set out above, you agree not to download, copy, reproduce, modify, store, archive, show in public, redistribute or commercially exploit in any way any part of the Content without our prior written permission.
12. In particular you are not allowed to download or print the Content, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on the website.
13. You must not reproduce any part of the Content or transmit it to or store it in any other website or disseminate any part of Content in any other form, unless we have indicated that you may do so.
14. We may be prepared to allow you to distribute or reproduce parts of the Content, in certain other circumstances (see below).
15. You agree to abide by all copyright notices and restrictions attached to the Content and not to remove or alter any such notice or restriction or alter the Content in any way.
16. You also agree not to use the Website, Services or Content for any illegal or improper purpose.
Licence to reproduce Content and permission to link from other sites
17. We will allow third parties to link to articles, using the URL and subdirectory as necessary, but on condition that the headline and also the first sentence or paragraph or standfirst or summary ('tease') of the article, link back to the full article on the Website. Brief extracts from an article are permitted provided they are not substantive and clearly indicate where the extracts are taken from.
18. A third party linking to us in such a manner (including through the use of our RSS newsfeeds) must ensure that it does not imply or suggest that any of the Content is part of its own website without our prior written approval.
19. We reserve the right to withdraw any permission granted under clause 17 above without explanation or notice if, in our judgement, use of such links is excessive or inappropriate.
20. We also reserve the right to change the location and nature of files within the Website without explanation or notice. It is solely the responsibility of the third party to check and update links as necessary.
21. For permission to republish re-distribute or exploit the Content in a more extensive way, please contact us.
Unauthorised use of Photographic Content
22. Each incident of unauthorised use, utilisation, reproduction or transfer of any photographic material contained within the Content is subject to a minimum penalty fee of US $5,000 for each unauthorised application or publication, subject to further claims for damages. "Unauthorised Use" means without our written permission and approval.
23. In addition, in the event that the copyright notice is not included, or is incomplete, incorrectly placed or non-allocable, we will apply an additional surcharge of 100% of our standard usage fee.
24. For permission to reproduce photographs contained within the Content, please contact us for a copy of our Terms and Conditions.
Registration for Subscriber Areas
25. The Web Site and its Services are presently made available to you without charge. However we reserve the right to introduce charges to access certain areas and specialised services ("Subscriber Areas").
26. When you register for such Subscriber Areas, you are registering as a personal user of our archives and databases. Access to Subscriber Areas is via your username and password, and at present is free, but may, at our future discretion, incur an access fee.
27. We will allow you access to such Subscriber Areas on the basis that:
(i) Your user name and password are personal to you and may not be used by anyone else
(ii) You will not do anything, which would assist anyone who is not a registered user to gain access to the Subscriber Area.
(iii) You do not maliciously create additional usernames for the purpose of abusing the functionality of the Subscriber Area, or other users; nor do you seek to pass yourself off as another user by adopting a similar username to them.
(iv) You comply with these Terms.
28. If, for any reason, we believe that you have not complied with these requirements, we may, at our discretion, cancel your access to all or any such Subscriber Areas immediately and without giving you any forewarning.
Termination of registration for Subscriber Areas
30. If we wish to bring the Agreement for your use of our Subscriber Areas to an end, we will do so by emailing you at the address you have registered, stating that the Agreement has terminated. The Agreement will terminate and your user name and password for the Subscriber Area(s) will become invalid immediately.
Limitation of liability and disclaimer
31. We obtain and compile the Content from a wide range of sources and it includes facts, views, opinions and information likely to be of interest to users of the Website.
32. Whilst all reasonable care is taken, we do not guarantee the accuracy, completeness, timeliness, performance or fitness for any particular purpose of the Content, or the Website, nor do we endorse or accept any responsibility for any views, advice, recommendations or opinions expressed on the Website.
33. We give no warranties of any kind concerning the Website, Services or Content. All implied warranties or duties are excluded save if and to the extent that they may not lawfully be excluded.
34. To the extent permitted at law, we do not accept any responsibility for any statement in the Content. You must not rely on any statement we have published on the Website without first taking specialist professional advice. Nothing in the material is provided for any specific purpose or at the request of any particular person. For the avoidance of confusion, we will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to the material or any part of it (except for death or personal injury attributable to our negligence/to the extent permitted at law). The Content should only be used for your general information and use, and not by way of specific recommendation or advice, as every individual's circumstances are different. Before taking any action or decision based in whole or in part on the Content, you should always make your own independent checks of any information that is important in making such decision or taking such action. In particular you should note that any contact or arrangements made between you and any third party named in the Content is at your own risk, and we accept no liability whatsoever. You should seek professional advice in appropriate circumstances such as over medical, investment, tax, legal and other professional matters.
35. We give no warranties in respect of the Content or the Website being free from viruses, worms, or other malicious software. You must take your own precautions in this respect, as we accept no responsibility for any infection by virus or other contamination or by anything, which has destructive properties. Nor do we give any warrantees that the Website is compatible with any computer systems, software and browsers.
36. We shall not be liable for any claims, losses, injuries, penalties, damages, costs or expenses arising from the use of, or inability to use the Website or Content or from any action taken, or omitted to be taken, as a result of using the Website or Content, other than death or personal injury resulting from use of the Website directly caused by the negligence of us.
37. To the fullest extent allowed by applicable law, you agree that we will not be liable to you and/or any third party for any consequential or incidental damages (including but not limited to lost profits, loss of privacy or for failure to fulfil any duty) or for any other indirect, special or punitive damages whatsoever that arise out of or are related to the use of the Website or the Content or to any breach of the terms by us, even if we have been advised of the possibility of such damages and even in the event of fault or strict liability.
38. You agree that your only recovery for any damages that you incur, and your exclusive remedy, shall be limited to the direct damages (if any) you actually incur in reasonable reliance on the Content up to a limit of the refund of the amount you paid (if any) in relation to the particular use of the Content in total during the month in which the damage first incurred.
39. Users of our site may submit material for publication in various areas of the site, including our Forums (see the Forums Acceptable Use Policy).
40. We accept no liability in respect of any material submitted by users and published by us and we are not responsible for its content and accuracy.
41. If you want to submit material to us for publication, you may do so on the following terms and conditions:
(i) Publication of any material you submit to us will be at our sole discretion. We reserve the right to make additions or deletions to the text or graphics prior to publication, or to refuse publication
(ii) You grant us a non-exclusive, perpetual, royalty-free, worldwide licence to republish any material you submit to us in any format, including without limitation print and electronic format.
(iii) You warrant to us that any material you submit to us is your own original work and that you own the copyright and any other relevant rights
(iv) You warrant that the material you submit is not obscene, offensive, or defamatory of any person or otherwise illegal.
v) You agree not to submit material, which is deliberately intended to upset other users
(v) You acknowledge that any breach of these warranties may cause us damage or loss and you agree to indemnify us in full and permanently against any third party liabilities, claims, costs, loss or damage we incur as a result of publishing material you submit to us, including consequential losses.
(vi) We reserve the right to remove your access to the Subscriber Areas and Forums completely if we believe you are abusing our Services in any way.
Advertising and links to other Websites
42. This Website may contain links to other websites operated by parties who are wholly separate from us. Such links are provided for your convenience and reference only. These websites are not under our control. We cannot be held responsible in any way for the content, operation or availability of such websites. We also cannot be held liable for any loss or damage whatsoever which you may suffer as a result of your decision to deal with, enter into agreement with, or supply information to, any third party website which you access through such links.
43. You may also see advertising material on the Website, which is submitted by third parties. Individual advertisers are solely responsible for the content of advertising material, which they submit to us, including ensuring that it complies with relevant legislation. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.
Notice of alterations
44. We reserve the right to make changes to any part of the Website, Services or Content, at any time, without notice.
46. Although we will do our best to provide constant, uninterrupted access to the Website, Services and Content, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.
Governing Law and Jurisdiction
47. By accessing the Website, Services and Content, you agree to accept that these Terms are governed by and construed in accordance with the laws of England. You also accept the exclusive jurisdiction of the English Courts in relation to any dispute that may arise in connection with these Terms or your use of the Website or arising in any way from the use of its Services and Content.
48. For the exclusive benefit of ourselves, we shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.
49. In the event that one or several of these Terms is determined by the courts to be void or ineffective, the validity of the remaining Terms shall not be affected. The parties are obliged to replace the invalid Term with an analogous, effective Term that corresponds as far as possible to the intended Term in terms of its economic and legal effect.
AssignmentsUnlimited Terms and Conditions v.1 01.09.03 updated 17.05.04 updated 05.08.04 updated 19.09.04