- USE OF WEBSITE
The www.living360.uk website (“Site“), is a website owned and operated by APL Media Ltd, Unit 310 Highgate Studios, 53-79 Highgate Road, London NW5 1TL. United Kingdom
Registered Office: 30 City Road, London, EC1Y 2AB. Company no: 3393234
(“APL Media“, “we“, and “us“).
- REGISTRATION and personal data
Certain parts of our Site may require you to register as a member and/or to otherwise provide certain information about yourself (for example, you will often be asked to provide certain information when you enter a competition made available via this Site). When you submit such information, you agree to:
- provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (such information being “Registration Data“).
If you register for a member account, you will only be asked to enter your details on registration (but you may be asked to give your details again when you enter a competition) and you agree to maintain up-to-date Registration Data (by sending an appropriately worded email to email@example.com) to keep it true, accurate, current and complete.
When you register for an account on our Site, you will be asked to give a unique username and/or password that gives you access to your website account. You are responsible for maintaining the confidentiality of your username and password (as applicable), and are fully responsible for all activities that occur through your website account. You agree to (a) immediately notify us if you become aware of any unauthorised use of your password or website account or any other breach of security by sending an appropriately worded email to firstname.lastname@example.org and (b) ensure that you exit your website account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
- COMMUNITY FEATURES
Our Site may, from time to time, provide you with certain interactive community features, provided by our third party affiliate companies (such as Facebook or Twitter “Partners“), which enable you to upload and share comments about Content provided on our Site. Before you will be able to use these community features and upload your comments, you may need to register with one of our Partners and each time you use those community features, you will need to be logged into your account with the Partner. We will do our best to make it clear on our Site when community features are provided by our Partners and not by us.
- INTELLECTUAL PROPERTY RIGHTS
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
- RULES OF ACCEPTABLE USE
Use of our Site that is inconsistent with the following Rules of Acceptable Use is strictly prohibited. By your use our Site, you are deemed to accept our Rules of Acceptable Use.
- Key Rules
Your use of our Site is subject to the following (non-exhaustive list of) key rules. You must not:
o use our Site for any illegal or unlawful purpose (you must comply with these Terms and with all applicable laws and regulations at all times);
o use our Site for any purpose other than your own private or domestic purpose;
o use our Site to solicit information from anyone under the age of 18;
o alter, adapt, modify, copy or create a derivative work from our Content.
- Rules for user content
Comments, message boards, personal profiles and any discussion forums or pages on our Site where you are capable of posting User Content are provided for your private and non-commercial use and for the exchange of lawful, relevant, fair and appropriate information, opinions and comment. Any use of our Site that is inconsistent with those stated purposes is strictly prohibited.
Your use of these forums is subject to the following rules which, by your use of the forums and the site, you are deemed to accept (and which amount to a non-exhaustive list of prohibited acts):
You must not upload, share or submit any User Content that
- includes obscene or offensive language or images;
- is defamatory, abusive, discriminatory or hateful or which applauds, encourages or entices abuse, discrimination or hate;
iii. has been disclosed to you in confidence or which, by its nature, is confidential;
- upload, share or submit any User Content on our Site (including but not limited to contact details, last names, telephone numbers, street addresses or other identifying information of private individuals or public figures) which compromises the privacy or security of anyone other than yourself;
- may encourage criminal conduct or which may give rise to civil liability, or which is otherwise unlawful;
- belongs to any person (or where the rights in it or to it belong to any person) other than yourself without the prior written consent of the owner of that User Content;
vii. if used by APL Media, or any third party licensed or permitted by APL Media, will give rise to any third party claims;
viii. directly or indirectly suggests any endorsement or approval by APL Media of a product, service, content or any belief or opinion expressed within a product or service;
- comprises of a link taking users to unlawful material or material that otherwise contravenes these Rules of Acceptable Use;
- comprises an advertisement, or commercial solicitations, including using our Site to promote or encourage the sale of your goods/services);
- authorises, enables or encourages the dissemination of junk mail or chain letters.
- Rules for registered users
You must not:
- register or attempt to register as a member of our site unless you are at least 13 years old.
- use our site to solicit information from anyone under the age of 18;
iii. impersonate another person or create a false or misleading identity for the purpose of misleading others as to your identity, or to collect information about other site users;
- upload, share or submit User Content containing any spy ware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information;
- attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site;
- alter, adapt, modify, copy or create a derivative work from the Content; or
vii. upload, share or submit any User Content that authorises, enables or encourages the dissemination of junk mail or chain letters.
APL Media accepts no responsibility for any statements, material (including User Content) or other submissions placed on our online forums by you or any third party, or for any loss or damage resulting from your breach of these Rules of Acceptable Use.
We reserve the right to edit or remove any material and User Content uploaded, shared or submitted using our site, for any reason whatsoever.
- LINKING TO OUR WEBSITE
- THIRD PARTY LINKS
Third party links are provided to you for convenience only and do not imply that APL Media endorses, is affiliated or associated with any such website, or is legally authorised to use any intellectual property accessible through such links.
- NOTICE AND TAKEDOWN
If you are a rights owner (or acting on behalf of a rights owner) and believe that any User Content / Content infringes your copyright or other intellectual property right you must provide us with a written notice by email to email@example.com which states:
- that you are the rights owner or are authorised to act on the rights owner’s behalf;
- that you have identified Content or User Content on our Site and/or Radio Player which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable) and you believe in good faith that use of the Content/User Content in the manner complained of is not authorised by you, the rights owner’s agent or by law;
iii. a description of the copyright work that you claim has been infringed which should include, the type of work (such as a photograph or a video clip) and any relevant further details;
- a description of the way in which the copyright material has been infringed;
- information reasonably sufficient to permit us to locate the Content/User Content in question on our Site and/or Radio Player (including a URL specifying the date our Site was accessed and/or a screen shot);
- information that will enable us to contact you, such as your name, a postal address, telephone number and, if available, an email address (these contact details may also be provided to the alleged infringer so that they may contact you directly, in order to attempt to resolve the complaint amicably);
vii. your electronic or physical signature (which may be a scanned copy); and
viii. that the information in the notification is true and accurate.
Our ‘notice and takedown’ and/or complaints procedures are regulated by law. There may be negative consequences if you falsely allege User Content/Content is infringing copyright or is defamatory or send a copyright infringement notice to us in bad faith. We recommend that you take legal advice before sending a copyright infringement notice or defamation complaint, especially if you are unsure about your rights in the User Content / Content, or whether there has been an infringement of your rights.
We have a policy of terminating the user accounts of repeat copyright infringers or persons that are the subject of frequent user complaints. A repeat offender is either:
o a user who has submitted two or more items of User Content for which APL Media receives a copyright infringement notice in accordance with this section; or
o a user who has submitted two or more items of User Content for which APL Media receives a complaint in accordance with this section.
If your account is terminated in accordance with this provision then, you must not register or attempt to register a new user account. You agree to keep us fully and effectively indemnified and hold us harmless for all liability that may be incurred as a result of a breach of this clause.
- ADVERTISING AND SPONSORSHIP
Our Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our Site complies with applicable laws and regulations. We do not assume responsibility for any error or inaccuracy in any advertising or sponsorship material.
- TERMINATION AND SUSPENSION
Notwithstanding the above, we will try to warn users that their access to our Site, and/or their membership may be suspended or terminated.
You use our Site and the services offered by us at your own risk. Our Site, the Content, the User Content and other services offered by us are provided “as is” and on an “as available” basis. The Content and information displayed on our Site is provided without any warranties as to its completeness or accuracy.
We do not guarantee that our Site, the Content, the User Content or any services offered by us will always be available or be uninterrupted, timely, secure or free from bugs, viruses, errors and omissions.
To the fullest extent permitted by law, APL Media (including its officers, employees and agents) expressly excludes conditions, representations, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and any liability incurred by any user of our Site and/or Radio Player, including, without limitation, any liability for:
- loss of revenue, income, profits, contracts, business, goodwill, anticipated savings, reputation, data or information;
- wasted management or office time; and
iii. any other loss or damage of any kind, however arising and whether caused by tort (including, but not limited to, negligence), breach of contract or otherwise, even if foreseeable whether arising directly or indirectly.
- death or personal injury caused by our negligence;
- the tort of deceit; or
- any other liability which cannot be excluded or limited under applicable law.
- EXCLUSION OF THIRD PARTY RIGHTS
- ENTIRE AGREEMENT
- LAW AND JURISDICTION