| Tree Frog Design
- Newscaster Facility - Terms of Conditions |
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to Newscasting Facility |
| 1:
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Terminology |
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"Service"
- The information, other content and services provided on the treefrogdesign.co.uk
web site including the Newscasting, refer, sms and membership management facilities.
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"Tree Frog
Design" – treefrogdesign.co.uk. |
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"Content"
- All information, data, graphics and services found on treefrogdesign.co.uk.
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"Username"
– Your chosen name for your Author’s category on treefrogdesign.co.uk.
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"Password"
– The password that has been supplied to you by treefrogdesign.co.uk. |
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"Registration"
- The process of obtaining a Username and Password for use on any of Tree Frog
Design Services/ facilities. |
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"Member"
- Anyone who has successfully registered and has been issued Username and Password
from Tree Frog Design. |
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"Subscription
charges" – agreed monthly charge for use of the Newscasting facility |
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"Author"
– the term associated with the holder of a membership account on the Newscasting
service. |
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"Post"
- Any content authors contribute to the Newscasting Facility on treefrogdesign.co.uk.
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"Hyperlink"
- A "click-able" link to other content on the world wide web. |
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"T.O.S."
– Terms of Service as contained herein |
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| 2: |
General |
| 2.1: |
You may only
use Newscasting Facility for lawful purposes. |
| 2.2: |
The treefrogdesign.co.uk
Privacy Policy forms a part of this Agreement and explains how information collected
during registration may be used by the operator and copyright holder for treefrogdesign.co.uk.
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| 2.3: |
Tree Frog Design
is not responsible for any incurable costs due to the miss use, abuse of or the
quality of service experienced by using the Newscasting facility. |
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| 3: |
Registration |
| 3.1: |
You may apply
for membership/ register for the Newscasting facility. By registering for the
Newscasting Facility, you agree that all information provided by you is accurate
and agree to be bound by these T.O.S. (including paying the Subscription Charges
if applicable). Tree Frog Design retains the right to refuse membership to the
Newscasting facility at any time, and access to this facility can be revoked without
prior consent/ reason. |
| 3.2: |
Authors agree
to abide by the following terms (as applicable) |
| 3.2.1: |
You agree to protect
and keep secret your Password at all times and agree not to allow any third party
directly or indirectly to use your membership, user name or password. You also
agree NOT to attribute any materials, data or information which you have obtained
from the Service to Tree Frog Design in any non treefrogdesign.co.uk news sources,
bulletin boards, discussion groups or online communities. You acknowledge that
a breach of Tree Frog Design's Intellectual Property Rights may give rise to civil
damages and criminal penalties. |
| 3.2.2: |
The right to use
the Newscaster Facility is strictly personal to the Member named in the Registration.
If the Member named in the Registration is an organisation, the organisation must
nominate a single user who will be the only person who may use the Newscaster
Facility. 3.2.3 You may not allow any other individual (even within your organisation)
to directly or indirectly use the Service. In order for such any non-members to
use the Newscasting Facility, they must register separately for the Newscasting
Facility and if applicable pay for the relevant Subscription Charges. If you do
not comply with this obligation, you acknowledge that Tree Frog Design is entitled
to charge you an amount equivalent to the relevant Subscription Charges in respect
of each non-member to whom you have distributed any materials to or allowed to
use the Newscasting Facility. |
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| 4: |
Intellectual
Property Rights |
| 4.1: |
You acknowledge
and agree that all copyright, trade marks and other intellectual property rights
in all material, content or information supplied as part of the Service shall
remain at all times vested in Tree Frog Design and/ or its licensers. You are
only permitted to use the service in accordance with paragraph 3 above. |
| 4.2: |
Any portion of
an article which an author adds to the Newscasting Facility must include reference
to protect any third party rights over that material, which includes copyright
statements, limitations of usage and rights of ownership relating to that material.
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| 4.3: |
An author accepts
responsibility for all litigation, and legal or moral obligation/ action that
may result from a posting make by that author. Tree Frog Design does not administer
or edit or take responsibility for any material other than that marked as authored
by TreeFrog. |
| 4.4: |
If you believe
that a Post/ article contains material that violates the T.O.S., you may report
this to the appropriate author of that article. |
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| 5: |
Tree Frog DesignŐs
Rights. Tree Frog Design reserves the right to: |
| 5.1: |
modify, alter,
change or withdraw any part of the Service, whether temporarily or permanently,
with or without notice to you and you confirm that any such modification, alteration,
changes or withdrawal by Tree Frog Design shall be without any liability to you
EXCEPT THAT if there are any modification, alteration, changes or withdrawal of
any part of the Newscasting Facility permanently, you will be given an opportunity
to cancel your Subscription and receive a refund of the outstanding portion of
the Subscription Charges from that date. |
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5.2:
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change the Subscription
Charges from time to time provided always that you will be given an opportunity
to decide whether or not you wish to continue with Subscription of the Newscasting
Facility If you decide to cancel your subscription you will receive a refund of
the outstanding portion of the Subscription Charges. |
| 5.3: |
to change the
T.O.S. (Including Subscription Charges) from time to time. Any such changes will
be displayed on the website. Changes will take effect immediately. Your continued
use of any part of the Service following such change shall be deemed to be your
acceptance of such amended T.O.S.. You acknowledge that you are solely responsible
for ensuring checking these T.O.S. from time to time to see the changes which
have been made to these T.O.S.. If you do not accept any such changes you should
stop using the Newscasting Facility.
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| 6: |
Limitation of
Liability |
| 6.1 |
Subject to paragraph
9.1 below and to the maximum extent permitted by law, Tree Frog Design will not
be liable in contract, negligence or otherwise for any liabilities, damages or
losses (whether direct or indirect) you may suffer as a result of using the Newscasting
facility. Tree Frog Design does not limit liability for fraudulent misrepresentation,
death and personal injury arising from Tree Frog DesignŐs negligence. |
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| 7: |
Published Articles |
| 7.1: |
Membership to
Tree Frog DesignŐs Newscasting Facility is subject to compliance with the T.O.S.
You accept that articles within the Newscasting Facility is not published by us
and that we do not necessarily endorse any of the material contained in these
Articles. |
| 7.2: |
Tree Frog Design
does not moderate or actively review, censor or edit articles added to the Newscasting
facility. Tree Frog Design does, however, reserve the right to review, censor
or remove any Post at any time without notice. |
| 7.3: |
The Service allows
members to add Hyperlinks in their articles; you accept that Tree Frog Design
cannot be held responsible for the availability of this information. You accept
that you are fully and exclusively responsible for loss or damage when attempting
to use these Hyperlinks. |
| 7.4: |
You accept that
articles added by authors may be unintentionally and intentionally misleading,
deceptive or mistaken. You also accept that individuals may not be whom they claim
to be. If you suspect you are being impersonated, you should contact Tree Frog
Design. |
| 7.5: |
You accept that
Tree Frog Design does not check the accuracy of information supplied by members
in their profiles. |
| 7.6: |
You may not use
the Newscasting Facility on treefrogdesign.co.uk to:
- Post abusive, vulgar, obscene, harassing, threatening, hateful, fraudulent,
defamatory, sexually explicit, or unlawful material.
- Provide hyperlinks within your Posts to any external material containing abusive,
vulgar, obscene, harassing, threatening, hateful, fraudulent, defamatory, sexually
explicit, or unlawful material.
- Post articles that intentionally make false or misleading statements about financial
instruments or their price and potential.
- Advertise investment services.
- Publish junk mail, Spam, chain letters or any other unsolicited marketing material.
- Publish third-party copyrighted information without prior approval from that
party.
- Impersonate any person or organisation or misrepresent your affiliation with
any person or any thing. |
| 7.7 |
You grant and
assign to us and our successors and agents a non-exclusive, world-wide, royalty-free,
perpetual and irrevocable license to use, display, distribute and reproduce in
whole or in part in any media any articles authors add to the Newscasting Facility. |
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| 8: |
Termination of
service |
| 8.1: |
You agree that
Tree Frog Design may terminate your membership and restrict your access to the
Newscasting Facility without prejudice to any other rights or remedies that Tree
Frog Design may have if: Tree Frog Design is of the reasonable opinion that you
have breached these T.O.S or acted inconsistently with the spirit of these terms
and conditions; or in the case of a member of the Newscaster Facility fails to
pay the relevant Subscription Charges. |
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| 9: |
Limited Warranty |
| 9.1: |
Tree Frog Design
will use reasonable endeavours to maintain the Service. You will not be eligible
for any compensation because you cannot hold Tree Frog DesignŐs Newscasting Facility
liable for any failure of the Service as a result of an event beyond Tree Frog
Designs reasonable control, which includes failure of the system from poor design,
abuse, maintenance hosting or service. In respect of material failure of Newscasting
Facility your sole and exclusive right and remedy against Tree Frog Design is
an extension of your membership free of additional charge for the amount of time
that there was a material failure of the Newscasting Facility. |
| 9.2: |
Neither Tree Frog
Design nor its employees assume any responsibility or liability for the accuracy
or completeness of the information contained on the Newscasting Facility, or the
service provided by the software or hardware that delivers the Newscasting Facility.
Tree Frog Design shall not be liable for loss of profits, direct or indirect damages
resulting from your use of the Service. We make no claims for the usefulness of
its content for any particular purpose. |
| 9.3: |
No information
obtained by you through use of the Newscasting Facility shall create any warranty. |
| 9.4: |
You acknowledge
and agree that any information that you receive through use of the Service is
provided "as is" and "as available" basis without representation or endorsement
of any kind and is obtained at your own risk. You agree that you are solely responsible
for any damage to your computer system and/or loss or damage to your data files
through use of the Newscasting Facility or by the use of hypertext links on the
Newscasting Facility to external information. |
| 9.5: |
Subject to paragraph
7.1 and to the maximum extent permitted by law, Tree Frog Design excludes all
warranties, conditions or other terms, whether express or implied, whether by
statute, case law, custom or otherwise in relation to the Service, including without
limitation as to satisfactory quality, fitness for particular purpose, non-infringement,
compatibility, accuracy, or completeness. |
| 9.6: |
Notwithstanding
any other provision in these Terms of service, nothing herein shall limit your
rights as a consumer under English law. |
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| 10: |
Indemnification
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| 10.1: |
You agree to indemnify
us from any actions, claims or liabilities arising from your use of the Newscasting
Facility. You agree that you are responsible for your own investment decisions
and that you are responsible for assessing the suitability and accuracy of all
information and for obtaining your own advice thereon. |
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| 11: |
Jurisdiction |
| 11.1 |
These T.O.S. is
governed and shall be construed in accordance with the laws of England and Wales
and you hereby submit to the exclusive jurisdiction of the English courts in the
event of any dispute in connection with the Newscasting Facility or these T.O.S..
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| Last updated:
August 22nd 2002 |
| Return
to Newscasting Facility |
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