Website Terms and Conditions
Thank you for accessing Fledglings.net (the "Website") part of TheBigChoice Limited (the "Website"). Please read these terms and conditions (the "Terms") before using the Website which is operated by TheBigChoice Limited (registered number 3466851), whose registered office is at 101 Southwark Street, London, SE1 0JF ("TheBigChoice Limited"). By using the Website, you signify your acceptance of the Terms in consideration of which TheBigChoice Limited provide you with access. From time to time TheBigChoice Limited may modify the Terms. Accordingly, please continue to review the Terms whenever accessing or using the Website. If at any time you do not wish to accept the Terms, you may not use the Website. From time to time TheBigChoice Limited may run competitions and promotions via the Website. Separate terms and conditions will be posted where applicable governing such competitions and promotions.
NO RELIANCEWhile TheBigChoice Limited has endeavoured to ensure the accuracy of the information accessed via the Website, TheBigChoice Limited does not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the Website.
INTELLECTUAL PROPERTYThe Website, including (but not limited to) text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, photographs, names, logos, trademarks, service marks and other material ("Content") is protected by copyrights, trade marks and/or other proprietary rights. The Content includes both content owned or controlled by TheBigChoice Limited and content owned or controlled by third parties and licensed to TheBigChoice Limited. All individual articles, reports, and other elements making up the Website may be copyright works. You agree to abide by all additional copyright notices or restrictions contained in the Website.
You may not use any of TheBigChoice Limited’s trademarks or trade names without TheBigChoice Limited’s consent and you acknowledge that you have no ownership rights in and to any of those names and marks.
You agree to notify TheBigChoice Limited in writing promptly upon becoming aware of any unauthorised access to or use of the Website by any party or of any claim that the Website or any of the contents of the Website infringes any copyright, trade mark, or other contractual, statutory or common law rights of any party.
LICENCE AND DOWNLOAD RIGHTSYou acquire no rights or licences in or to the Website and/or the Content other than the limited right to use the Website in accordance with these Terms and to download on the terms set out in this section. Other than as set out in this section you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit, or in any other way exploit any part of the Website. Download is permitted by TheBigChoice Limited provided only that: (i) you make no more than one printed copy of such download and no further copies of such printed copy are made; (ii) you make only personal, non-commercial use of such download and/or printed copy; and (iii) you retain on such download and/or printed copy all copyright notices and shall remain bound by the terms of such wording and notices. Additionally, you may not offer for sale or sell or distribute over any other medium (including distribution by over-the-air television or radio broadcast or distribution on a computer network) the Content or any part thereof. You may not make any part of the Website available as part of another website, whether by hyperlink framing on the internet or otherwise. The Website and the information contained therein may not be used to construct a database of any kind, nor may the Website be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database websites containing all or part of the Website.
PERMISSIONSIf you would like information about obtaining TheBigChoice Limited’s permission to use any of the Content or if you would like to link your website to the Website, e-mail privacy@thebigchoice.com
NO WARRANTYThe Website and the Content are provided "as is" excluding any warranties of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law including (but not limited to) the exclusion of warranties of title, merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of proprietary or third party rights. TheBigChoice Limited further accepts no responsibility or liability for functions contained on the Website and makes no warranties that the Website will operate uninterrupted or error-free or that defects will be corrected. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.
TheBigChoice Limited does not warrant that the Website is compatible with your computer equipment or that the Website or its server is free of errors or viruses, worms or "Trojan horses" and TheBigChoice Limited is not liable for any damage you may suffer as a result of such destructive features.
TheBigChoice Limited shall not be held responsible for Content provided by third parties. TheBigChoice Limited is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the website.
These Terms do not affect your statutory rights or your legal rights as a consumer.
COMMUNITIESThe Website, amongst other things, contains certain discussion forums, bulletin board services, chat areas, communities and/or other message or communication facilities (collectively, "Communities"). Much of the content of the Communities, including without limitation the descriptions for many Communities and the content within a specific message or posting, is provided by and is the responsibility of the third party creator of the Community or the person posting in that Community. TheBigChoice Limited has no responsibility for such content and is merely providing access to such content as a service to you.
By their very nature, communities may carry offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabelled or are otherwise deceptive. We expect that you will use caution and common sense and exercise proper judgment when using communities.
(i) Permitted UsesYou agree that you are responsible for your own communications and for any consequences thereof. You agree to use the Communities only to send and receive messages and material that are legal, proper and related to the particular Community. By way of example, and not as a limitation, you agree that when using a Community, you will not:
(a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (including rights of privacy and publicity) of others;(b) publish, post, upload, distribute or disseminate or offer to do the same (hereinafter "Post") any inappropriate, defamatory, infringing, obscene, or unlawful material or information, racist, sexist or homophobic material or views;
(c) Post any material that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party (the "Rights"), unless you are the owner of the Rights or have the permission of the owner to post or transmit such material;
(d) Post any files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
(e) advertise or offer to sell any goods or services for any commercial purpose unless you have TheBigChoice Limited’s specific written permission;
(f) conduct or forward surveys, contests, pyramid schemes or chain letters, other than in Communities intended for such uses;
(g) download any file Posted by another user of a forum that you know, or reasonably should know, cannot be legally distributed in such manner;
(h) impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the original or source of software or other material contained in a file that is Posted; or
(i) restrict or inhibit any other user from using and enjoying the Website.
(ii) No obligation to Monitor
TheBigChoice Limited does not control the information delivered to the Communities, and TheBigChoice Limited has no obligation to monitor the Communities. However, TheBigChoice Limited reserves the right at all times to disclose any information necessary to satisfy any applicable law, regulation, legal process, police request or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in TheBigChoice Limited’s sole discretion.
(iii) No Endorsement
TheBigChoice Limited does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications Posted in the Communities or endorse any opinions expressed in the Communities. You acknowledge that any reliance on material Posted in the Communities will be at your own risk.
(iv) Company’s Rights
TheBigChoice Limited may in its sole discretion remove or request the removal of any communication on the Website but TheBigChoice Limited shall have no liability or responsibility for removal or request for removal. TheBigChoice Limited reserves the right to terminate or restrict your access to the Website at any time without notice for any reason whatsoever. You acknowledge that some Communities available through the Website are available only through the Website and others are available both through the Website and other sources, over which TheBigChoice Limited has absolutely no control.
(v) Privacy
You acknowledge that all Communities are public and not private communications, and that therefore others may read your communications without your knowledge. Always use caution when giving out any personally identifying information about yourself or your children in any Community. TheBigChoice Limited does not control or endorse the content, messages or information found in any Community and, therefore, TheBigChoice Limited specifically disclaims any liability with regard to the Communities and any actions resulting from your participation in any Community. Generally, any communication which you Post to the Website (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by TheBigChoice Limited as confidential, that fact will be stated on these pages.
(vi) License Grant
By Posting communications on or through the Website, you automatically grant TheBigChoice Limited a royalty-free, perpetual, irrevocable, non-exclusive license to use, copy, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sub-license such rights through multiple tiers of sub-licensees. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
COPYRIGHT INFRINGEMENT AND COPYRIGHT AGENT
TheBigChoice Limited may, in appropriate circumstances and at its discretion, remove, or disable access to, material on the Website that infringes on the rights of others. If you believe that your work has been used on the Website in a manner that constitutes copyright infringement, please provide TheBigChoice Limited’s Copyright Officer with a written notice (e-mail is sufficient) that includes the following information:
(a) an electronic or physical signature of a person authorised to act on behalf of the owner of the exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed;
(c) a description of where the material that you claim is infringing is located on the Website;
(d) your name, address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and
(f) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf. TheBigChoice Limited’s Copyright Officer for notice of claims of copyright infringement on the Web Site can be reached as follows:
TheBigChoice Limited
Dominion House
101 Southwark Street
London
SE1 0JF
copyright@thebigchoice.com
LIMITATION OF LIABILITY
You acknowledge that your use of the Website, including the Contents and the Communities, is at your own risk. If you are dissatisfied with the Website, the Terms or any or the Content your sole remedy is to discontinue use of the Website. Save in respect of fraud and of personal injury or death to the extent it results from TheBigChoice Limited’s negligence, in no event will TheBigChoice Limited be liable to you or any third party for any direct, special, indirect, consequential or incidental damages, exemplary or lost profits, or any other damages of any kind whether based on warranty, contract, tort (including negligence) or otherwise, even if TheBigChoice Limited has been advised of the possibility thereof. Applicable law may not allow the limitation or exclusion of liability for consequential or incidental damages, so this limitation or exclusion may not apply to you. You understand that TheBigChoice Limited may choose at any time to inhibit or prohibit its content from being accessed under these Terms.
LOCAL LAWS AND REGULATIONSThe Website is not directed at any person in any jurisdiction where for any reason the publication or availability of the Website is prohibited. Those in respect of whom such prohibitions apply must not access the Website. TheBigChoice Limited does not represent that either the Website or the Content are appropriate for use or permitted by local laws in all jurisdictions. Those who access the Website do so on their own initiative and are responsible for compliance with applicable local laws or regulations; legal advice should be sought in cases of doubt.
INDEMNIFICATIONYou agree to indemnify, defend, and hold harmless each of TheBigChoice Limited, its employees, representatives and agents, from and against any claims, actions, demands or other proceedings brought against any of TheBigChoice Limited, its employees, representatives or agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against TheBigChoice Limited, its employees, representatives, suppliers, or agents is based on or arises in connection with:
(i) your use of the Website;(ii) any breach by you of the Terms;
(iii) a claim that any use of the Website by you
(aa) infringes any intellectual property rights of any third party, or any right of personality or publicity, or
(bb) is libellous or defamatory, or otherwise results in injury or damage to any third party;
(iv) any deletions, additions, insertions, or alterations to, or any unauthorised use of, the
Website by you; or
(v) any misrepresentation or breach of representation or warranty made by you contained herein.
References in this section of the Terms to your use of the Website shall be deemed to include any use by a third party where such a third party accesses the Website using your computer.
You agree to pay TheBigChoice Limited, its employees, representatives, and agents any and all costs, damages, and expenses (including reasonable legal fees) awarded against any of them or otherwise incurred by any of them in connection with or arising from any such third party claim, suit, action or proceeding attributable to any such third party claim.
TERMINATIONEither you or TheBigChoice Limited may terminate these terms with or without cause at any time. [If TheBigChoice Limited terminates these terms, TheBigChoice Limited will email you at the address you provide on registration, and you will be deemed to have received it within one hour of transmission. Termination will be effective at that time. You will be responsible for notifying us of any changes to your email address. You may terminate by sending an email to (address).] On termination you shall destroy all Content, and copies thereof, obtained from the website.
DATA PROTECTION/PRIVACYYou consent to use by TheBigChoice Limited of the information you provide about yourself for the administration and promotion of the Website and for marketing purposes. This may include disclosure by TheBigChoice Limited of such information to third parties advertising on the Website and to third parties running competitions and promotions via the Website.
CHANGES TO THE WEBSITEYou accept that TheBigChoice Limited has the right to change the content or technical specifications of any aspect of the Website at any time at TheBigChoice Limited’s sole discretion. You further accept that such changes may result in your being unable to access the website.
VALIDITY OF PROVISIONS AND REMEDIESEach provision of these Terms is severable and if any provision is or becomes invalid or contravenes applicable regulations the remaining provisions will not be affected.
REPRESENTATIONSYou acknowledge that in accepting these Terms you have not relied upon, and that none of TheBigChoice Limited, or any of its employees, officers or agents has made, any statements, representations, promises or undertakings whatsoever that are not expressly contained in these Terms.
REMEDIESTheBigChoice Limited’s right and remedies under these Terms are cumulative and are not exclusive of any rights or remedies provided by law or by any other agreement.
WAIVERNo waiver by TheBigChoice Limited of any breach of any obligation arising under these Terms shall constitute a waiver of any other breach and no failure to exercise or partial exercise by TheBigChoice Limited of any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.
LINKS TO THE WEBSITEWebsites or pages to which the Website is linked are for information only and have not been reviewed by TheBigChoice Limited. TheBigChoice Limited has no responsibility for the content of the websites or pages linked or linking to this website, and TheBigChoice Limited accepts no responsibility or liability for any losses or penalties whatsoever that may be incurred as a result of any linking to any location on any linked websites.
FORCE MAJEUREIn the event of any failure, interruption or delay in performance of TheBigChoice Limited’s obligations resulting from acts, events or circumstances not reasonably within TheBigChoice Limited’s control, including industrial disputes, acts or regulations of any governmental or supranational bodies or authorities or the breakdown, failure or malfunction of any telecommunications or computer service, TheBigChoice Limited shall not be liable or have any responsibility of any kind for loss or damage thereby incurred or suffered by you.
GOVERNING LAW AND JURISDICTIONThe Terms are governed by the laws of England and Wales. You irrevocably agree that the courts of England are to have:
(i) exclusive jurisdiction in relation to any claim that you may bring against TheBigChoice Limited arising out of a dispute under these Terms; and
(ii) non-exclusive jurisdiction in relation to any claim that TheBigChoice Limited may bring against you under these Terms and that accordingly any proceedings arising out of these
Terms may be brought in such courts. You irrevocably submit to the jurisdiction of such courts and waive any objection to proceedings in any such court on the ground of venue or on the ground that the proceedings have been brought in an inconvenient forum. To the extent that you may be entitled to any jurisdiction to claim for yourself, or for your property or assets, immunity in respect of your obligations under these Terms from website of process, jurisdiction, suit, judgment, execution, attachment (whether before judgment, in aid of execution of otherwise) or legal process or to the extent that in any such jurisdiction there may be attributed to you or to your property or assets such immunity (whether or not claimed), you hereby waive such immunity to the fullest extent permitted by the laws of such jurisdiction
