Elaph Publishing Limited
Terms and Conditions
- Terms and conditions of website use
1.1. This page tells you the terms (the "Terms") on which you may make use of the website http://elaph.com (the "Elaph Website"), whether as a guest, a registered user or a contributor. Please read the Terms carefully before you start to use the Elaph Website.
1.2. By using the Elaph Website, you indicate that you accept the Terms and that you agree to abide by them. If you do not agree to the Terms, please refrain from using the Elaph Website.
- Information about Elaph Publishing Limited
2.1. http://elaph.com is a site operated by Elaph Publishing Limited ("Elaph").
2.2. Elaph is registered in England and Wales under company number 3872914 and has its registered office at Grand Prix House, 102-104 Sheen Road, Richmond upon Thames, Surrey TW9 1UF.
- Accessing the Elaph Website and its availability and amendment
3.1. Access to the Elaph Website is permitted on a temporary basis, and Elaph reserves the right to withdraw or amend at its absolute discretion the service it provides on the Elaph Website without notice.
3.2. Elaph will not be liable if for any reason the Elaph Website is unavailable at any time or for any period.
3.3. From time to time, Elaph may restrict access to some parts or all of the Elaph Website.
3.4. You are responsible for making all arrangements necessary for you to have access to the Elaph Website.
3.5. Elaph aims to update the Elaph Website regularly and may change the content at any time.
3.6. Any of the material appearing on the Elaph Website may be out of date at any given time, and Elaph is under no obligation to update such material.
- Intellectual property rights
Ownership of the intellectual property rights in the materials on the Elaph Website
4.1. © 2001-2008 Elaph Publishing Limited. All rights reserved. Unless otherwise stated, Elaph Publishing Limited is the owner or licensee of all intellectual property rights (including all copyright) in all text, graphics and computer code on this website, the overall design of this site, and the selection, arrangement and presentation of all materials on this site, including information in the public domain.
Permitted use of articles appearing on the Elaph Website
4.2. You are permitted to copy or download articles published on this website for the sole purpose of reproducing them on another website provided that such articles are reproduced in their entirety and in a substantially similar format.
4.3. The permitted used under Clause 4.2 above, is on condition that:
(a) no article is dealt with or commented on adversely or inappropriately or contrary to any moral rights;
(b) a link to this website is included between the headline and first paragraph of the article; and
(c) that the statement below is included at the end of the article:
"© Elaph Publishing Limited. All rights reserved. Elaph Publishing Limited licenses the use of this article. This article cannot be reproduced without compliance with the terms and conditions of Elaph Publishing Limited (see [Insert link])".
4.4. If material on this website is:
(a) used or commented on in a manner or for purposes considered adverse or inappropriate or contrary to its rights by Elaph Publishing Limited; or
(b) if it is used in a manner not permitted by Elaph Publishing Limited or contrary to its rights as set out in Clause 4.2 and 4.3 above, then Elaph Publishing Limited reserves all its rights to seek any and all relief available under all relevant applicable laws.
4.5. Elaph Publishing Limited may at any time revoke the licence to use material on this website and demand that the material be removed from any other website or other form of publication where such material appears.
4.6. For details of intellectual property rights in contributions (whether commissioned by Elaph or not) to the Elaph Website, see Clause 12(d) below.
- Reliance on information posted
5.1. Commentary and other materials posted on the Elaph Website are not intended to amount to advice on which reliance should be placed.
5.2. Elaph disclaims all liability and responsibility arising from any reliance placed on such materials by any visitor to or user of the Elaph Website.
- Liability for material posted on the Elaph Website by Elaph
6.1. The material displayed on the Elaph Website is provided without any guarantees, conditions or warranties as to its accuracy.
6.2. To the extent permitted by law, Elaph, other members of the Elaph group of companies and third parties connected to Elaph hereby expressly exclude:
(a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
(b) any liability for any direct, indirect, special, incidental, punitive, consequential or other damage incurred by any user in connection with the Elaph Website or
in connection with the use, inability to use, or results of the use of the Elaph Website, any websites linked to it and any materials posted on it, including reproduction of material in accordance with Clause 4 of these Terms and, without limitation, any liability for:
(i) loss of income or revenue;
(ii) loss of business;
(iii) loss of profits or contracts;
(iv) loss of anticipated savings;
(v) loss of data;
(vi) loss of goodwill;
(vii) wasted management or office time; and
(viii) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
6.3. This does not affect Elaph's liability for death or personal injury arising from its negligence, nor Elaph's liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under the applicable law.
- Liability for material posted on the Elaph Website by you
7.1. Whenever you make use of a feature that allows you to upload material to the Elaph Website, or to make contact with other users of the Elaph Website, you must comply with the content standards set out at Clause 12 below.
7.2. You warrant that any such contribution does comply with those standards.
7.3. You indemnify Elaph against all liabilities, costs, expenses, damages and losses (including any direct or indirect consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by Elaph arising out of a breach of this warranty.
- Viruses, hacking and other offences
8.1. You must not misuse the Elaph Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
8.2. You must not attempt to gain unauthorised access to the Elaph Website, the server on which the Elaph Website is stored or any server, computer or database connected to the Elaph Website.
8.3. You must not attack the Elaph Website via a denial-of-service attack or a distributed denial-of service attack.
8.4. Elaph will report any such breach to the relevant law enforcement authorities and it will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Elaph Website will cease immediately.
8.5. Elaph will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Elaph Website or to your downloading of any material posted on it, or on any website linked to it.
- Linking to the Elaph Website
9.1. You may link to the home page of the Elaph Website, provided you do so in a way that is fair and legal and does not damage Elaph's reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Elaph's part where none exists.
9.2. The Elaph Website must not be framed on any other site.
9.3. You must not establish a link from any website that is not owned by you.
- Links from the Elaph Website
10.1. Where the Elaph Website contains links to other sites and resources provided by third parties, these links are provided for your information only.
10.2. Elaph has no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
- Prohibited uses
You may use the Elaph Website only for lawful purposes. You may not use the Elaph Website:
(a) In any way that breaches any applicable local, national or international law or regulation.
(b) In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
(c) For the purpose of harming or attempting to harm minors in any way.
(d) To send, knowingly receive, upload, download, use or re use any material which does not comply with the content standards set out at Clause 12 below.
(e) To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- Content Standards
By submitting a contribution to this website (whether commissioned by Elaph or not), you agree that the following terms, conditions and content standards will apply:
(a) Elaph may at its absolute discretion remove, or disable access to, any contribution which it deems to be potentially defamatory of any person or which it deems unlawful or in violation of any third party rights. Elaph expressly excludes its liability for any loss or damage arising from the use of the Elaph Website by any person.
(b) A contribution to the Elaph Website must:
(i) be accurate (where it states facts);
(ii) be genuinely held (where it states opinion); and
(iii) comply with the law applicable in England and Wales and in any country from which it is contributed.
(c) A contribution to the Elaph Website must not:
(i) be defamatory of any person;
(ii) be obscene, offensive, hateful or inflammatory;
(iii) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(iv) disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual;
(v) infringe any copyright, database right, trade mark, moral right or other intellectual property right of any other person;
(vi) breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(vii) be in contempt of court;
(viii) be likely to harass, upset, embarrass, alarm or annoy any other person;
(ix) impersonate any person, or misrepresent your identity, position or qualifications or affiliation with any person, company or organisation;
(x) give the impression that the contribution emanates from Elaph if this is not the case;
(xi) advocate, promote, incite any third party to commit, or assist any unlawful or criminal act;
(xii) contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; or
(xiii) contain any advertising or promote any services or web links to other sites.
(d) Unless there is prior written agreement between you and Elaph, by submitting a contribution to the Elaph Website you agree to grant Elaph a non-exclusive licence to use that contribution. Although you will still own the copyright in your contribution, Elaph Publishing Limited will have the right to freely use, edit, alter, reproduce, publish and/or distribute the material contained in your contribution.
This licence will be free of charge, perpetual and capable of sub-licence. Elaph may exercise all copyright and publicity rights in the material contained in your contribution in all jurisdictions, to their full extent and for the full period for which any such rights exist in that material.
(e) In accordance with Clauses 12(b) and 12(c) above, you must ensure that your contribution does not infringe any copyright, database right, trade mark, moral right or other intellectual property right of any other person. By submitting your contribution to this website, you are warranting that you have the right to grant Elaph the non-exclusive copyright licence described in Clause 12(d) above.
(f) If you are not in a position to grant such a licence to Elaph, then do not submit the contribution to the Elaph Website.
(g) Elaph excludes its liability for all action it may take in response to breaches of the Terms. The actions described above are not limited, and Elaph may take any other action it reasonably deems appropriate.
- Breach
Failure by you to comply with the Terms may result in Elaph taking all or any of the following actions:
(a) immediate, temporary or permanent removal of any contribution already posted on the Elaph Website;
(b) issue of a warning to you;
(c) suspension of your right to use the Elaph Website;
(d) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
(e) further legal action against you; and/or
(f) disclosure of such information to law enforcement authorities as Elaph reasonably feel is necessary or as required by law.
- Jurisdiction and applicable law
14.1. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Elaph Website although Elaph retains the right to bring proceedings against you for breach of the Terms in your country of residence or any other relevant country.
14.2. By using the Elaph Website, you submit to the exclusive jurisdiction of the English courts.
14.3. The Terms are governed by and construed in accordance with English law.
- Trade marks
15.1. "ELAPH" is a registered Community Trade Mark (no. 3412509) the "Elaph Trade Mark" owned by Elaph Publishing Limited.
15.2. Unless otherwise stated, the Terms do not constitute a license of the Elaph Trade Mark.
- Variations to the Terms
16.1. Elaph may revise these Terms of use at any time by amending this page.
16.2. You are expected to check this page from time to time to take notice of any changes Elaph makes, as they are binding on you.
16.3. Some of the provisions contained in the Terms may also be superseded by provisions or notices published elsewhere on the Elaph Website.
- Waiver
No failure or delay by a party to exercise any right or remedy provided under the Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the
further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
- Your concerns
If you have any concerns about material which appears on the Elaph Website, please contact: [email protected]
