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Terms & Conditions
This Agreement is a legal document which sets out your rights and obligations, and those of NovaMarque Limited, a company registered in England under registration no. 03724291 ("NovaMarque", "we" or "us"), in relation to this site and the services offered by NovaMarque through it (the "Galore Network Service"). By registering for the Galore Network Service, you agree to the terms of this Agreement, and you re-affirm that agreement every time you use it. Visitors to the Galore Network Service who do not register to become a Member (see 2 below) similarly affirm that they are bound by this Agreement each time they access the Galore Network Service. You should be aware that this Agreement may change from time to time in accordance with Clause 20 below. This Web site also contains links to other Web sites, Web pages and services, which are not operated by NovaMarque (the "Linked Sites"). Your use of such Linked Sites will be subject to the terms of service contained within each such site and the respective terms of service will control the use of the respective site. In any event, your link through to such a site will be subject to these Terms of Service. You recognise that NovaMarque has no control over such Linked Sites and information, and you accept that NovaMarque provides no guarantee as to the accuracy or reliability of such sites or the information contained in them and you agree that we shall have no responsibility as to whether such links locate unintended or objectionable content or otherwise cause you distress, loss or damage.
People who register for the Galore Network Service become "Members". As well as being able to browse the Galore Network Service like any visitor, Members may:
- Post reviews and ratings of venues
- Rate other peoples reviews
- Submit images to illustrate venues
- Post to any message boards which may be available on the Galore Network Service.
You undertake to register for the Galore Network Service using accurate and current information about yourself – including your correct name, email address and any other requested details. As part of the registration process for the Galore Network Service, you will receive a verification email, the purpose of which is to take reasonable steps to ensure that the email address you have nominated during registration is controlled by you. That email contains simple instructions which you must follow to complete registration.
5) NovaMarque’s Role
You, whether you are a Member or just a non-Member who visits the Galore Network Service, acknowledge that we are not and cannot be responsible for the behaviour of Members - whether on the Galore Network Service or outside of it. We only provide a venue where the Galore Network Service may be accessed. In particular, you should be aware that NovaMarque does not pre-screen or monitor the material contributed by Members.
6) Additional Services
NovaMarque or its affiliates may offer new or additional services through the Galore Network Service from time to time. Your use of those services may be subject to additional terms and conditions, or rules of use, which you must comply with. Provided that those terms or rules are notified to you on the Galore Network Service in an appropriate manner (as determined by NovaMarque in its reasonable discretion), any failure by you to comply with a material provision of the terms or rules governing those services will amount to a breach of this Agreement.
7) Operation of Galore Network Services
NovaMarque reserves the right to withdraw or modify one or more aspects of the Galore Network Service where we have legal or technical reasons to do so (including technical difficulties experienced by NovaMarque or on the Internet). There may also be times when the Galore Network Service becomes unavailable, whether on a scheduled or unscheduled basis. For security or other reasons, we may require you to change password or other information which facilitates access to the Galore Network Service.
8) Misuse of Galore Network Service
We reserve the right
- to suspend or terminate any Member’s access to the Galore Network Service, or parts of it, and/or
- to edit, or require the Member to edit, material posted on the Galore Network Service, if the relevant Member or material appears to us to be in breach of any provision of this Agreement. Any person whose access has been suspended or terminated must not re-register for, or re-access, the Galore Network Service without our prior consent. You are responsible for everything which is done on or through the Galore Network Service while your Membership account is logged on to the Galore Network Service, or through your email address(es).
You are responsible for ensuring that no material you post, or which is posted through a machine on which you access the Galore Network Service, nor any activity or communication you make in connection with any Galore Network Service, will be capable of:
- infringing the intellectual property or other rights of any person or entity;
- breaching any applicable law, whether criminal, tortious or otherwise;
- appearing to be offensive, threatening, obscene, pornographic, false, unreliable or misleading; or
- transmit or distribute a virus; hack into any aspect of the Service; corrupt data; cause annoyance to other Users; or attempt to affect the performance or functionality of any computer facilities of or accessed through the Galore Network Service
10) Alerting Galore Network Service
We do not generally monitor material contributed by Members before it is placed on the Galore Network Service, and so are reliant upon users to point out any which infringes this Agreement.
11) Withdrawal of Material and Termination of Membership
Each Member acknowledges that we are entitled to withdraw any material on the Galore Network Service which appears whether based on information received from Members or others, or our own determination to be capable of breaching any part of this Agreement, or to bring the Galore Network Service into disrepute. However, each user acknowledges that we do not monitor material which appears on the Galore Network Service, and that we are reliant upon you and all users to notify us of anything you see here which appears likely to breach this Agreement, using the notification techniques which are made available on the Galore Network Service.
12) Disclaimer and Release
NovaMarque has no control over or responsibility for the truth or accuracy of any material available on the Galore Network Service, whether provided by Members or others.
- If any third party sites are linked to from the Galore Network Service, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it.
- You should exercise no lesser degree of caution in appraising what you see on the Galore Network Service than you do offline.
- Even though Members are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are.
- Your use of the Galore Network Service is entirely at your own risk.
Accordingly, to the extent that the law permits, you release NovaMarque its directors, contractors and employees from all liability arising out of or in connection with the Galore Network Service and the material included here by Members and other third parties.
13) Intellectual Property
You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the Galore Network Service are owned by NovaMarque. Material contributed by a member must comply with clause 14 and contributed material displayed on a Galore Network site becomes Novamarque's interpretation and that interpretation is considered our intellectual property. It is easy to copy material which appears on web-sites, but this does not mean it is legal. Therefore, no-one may copy, distribute, show in public or create any derivative work from the Galore Network Service, or any of the material which is found on the Galore Network Service unless properly licensed to do so by us.
14) Contributions to Galore Network Service
By submitting any material to the content of the Galore Network Service, you:
- are representing that you are fully entitled to do so;
- grant us a non-exclusive, royalty-free, non-terminable licence right to copy, modify, distribute, show in public and create derivative works from that material in any form, anywhere; and
- authorise us to adapt the relevant material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.
If you do not want to grant to NovaMarque the rights set out above please do not submit your contribution to Galore Network Services.
15) Excluded Loss
We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). NovaMarque will also not be liable for any failure to perform of its obligations under this Agreement caused by matters beyond its reasonable control.
16) Non-excluded Liabilities
Nothing in this Agreement limits NovaMarque's liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.
You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or through a machine on which you access the Galore Network Service.
We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement. You may not without the written consent of NovaMarque assign or dispose of this Agreement.
19) Entire Agreement
20) Changes to this Agreement
NovaMarque may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by NovaMarque. Your continued use of Galore Network Services after changes are posted means that you agree to be legally bound by these terms as updated and/or amended.
In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.
This Agreement shall be governed by and construed in accordance with the laws of England and Wales.
You can contact us by post at: Novamarque Ltd, 97 Kinsale Road, Bristol, BS14 9EY
Please make sure you include your contact details with all correspondence.
revision date: 9 March 2011