Website terms of use
GENERAL TERMS AND CONDITIONS FOR USE OF THE
"EUROSTARTRICITYATHLON" WEBSITE
1 TERMS OF USE
1.1 www.eurostartricityathlon.com (the "Website") is provided by
Eurostar Group Limited ("EGL") and includes its legal
representatives, successors and assigns. Access and use of the
Website is subject to the following terms and conditions
("Terms"):
1.1.1 By using the Website you agree to be bound by these Terms,
which shall take effect immediately on your first use of the
Website. If you do not agree to be legally bound by all of the
following Terms please do not access and/or use the Website.
1.1.2 EGL may update these Terms from time to time without
notice to you. You should review the Terms periodically for
changes. Your continued use of the Website means you agree to be
legally bound by these Terms as updated and/or amended.
1.1.3 For the purposes of these Terms, "Competition" shall mean
the competition run through the Website for individuals to win a
place to take part in the Eurostar Tri-City-Athlon, and
"Registration" shall mean an individual's registration on the
Website to enter the Competition and/or to vote in the Competition.
To "Register" shall be construed accordingly. "Competition Terms
and Conditions" shall mean the terms and conditions which govern
entry into the Competition and which are available via the
Website.
2 PRIVACY POLICY
2.1 Any information you provide to EGL will be used in
accordance with EGL's privacy policy which can be accessed via the
Website.
3 USER CONDUCT
3.1 You must be at least 18 years old to Register on the Website
and you warrant that all details that you provide are true and
accurate. On Registration you will be asked to provide a password.
You agree that it is your responsibility to maintain the
confidentiality of your password and you will be responsible for
any information posted from your Registration. If you believe
someone has unauthorised access to your account please contact us
at contactus@trictyathlon.com.
3.2 You may only Register on the Website once. You may only vote
once for your favourite Media Submission (as such term is defined
in the Competition Terms and Conditions) and you may not vote for
your own Media Submission. You must comply at all times with the
Competition Terms and Conditions.
3.3 You acknowledge that all text and/or photographs, saved or
uploaded onto the Website ("Material") by you is solely your
responsibility. You acknowledge that by using the Website, you may
be exposed to Material that is offensive, indecent or
objectionable. Under no circumstances will EGL be liable in any way
for any Material, including, but not limited to, any errors or
omissions in any Material, or for any loss or damage of any kind
incurred as a result of the use of any Material posted, emailed or
otherwise transmitted via the Website.
3.4 You agree that you must evaluate, and bear all risks
associated with, the use of any Material, including any reliance on
all the accuracy, completeness, or usefulness of such Material. In
this regard you may not rely on any content in the Website created
by EGL or uploaded or posted onto the Website by a third party.
3.5 You acknowledge that EGL and its designees shall have the
right (but not the obligation) in their sole discretion to make
additions and deletions, move or remove entirely any Material that
is uploaded or posted onto the Website by you. Without limiting the
foregoing, EGL and its designees shall have the right to remove any
Material which it considers violates these Terms or the Competition
Terms and Conditions or is otherwise objectionable.
Warranties
4.4 You warrant not to use the Website to:
4.4.1 Upload or post any Material that is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory of any person
or object, vulgar, obscene, profane, sexually oriented, libellous,
invasive of another's privacy, disruptive, offensive, abusive,
hateful, in violation of any trade secrets or racially, ethnically
or otherwise illegal or objectionable;
4.4.2 Upload or post any Material which is deliberately intended
to upset any person;
4.4.3 Harm minors in any way;
4.4.4 Impersonate any person or entity, including, but not
limited to, an EGL employee or falsely state or otherwise
misrepresent your affiliation with a person or entity. Adopting an
inappropriate user name (for example, one that is vulgar) is also
unacceptable;
4.4.6 Upload or post any Material that violates, plagiarises or
infringes the intellectual property rights of any person;
4.4.7 Upload or post any advertising, promotional materials,
"junk mail", "spam", "chain letters", "pyramid schemes", any other
form of solicitation or uploading posting of very similar Material
on more than one occasion;
4.4.8 Upload or post any material that contains software viruses
or any other computer code, files or programs designed to
interrupt, damage, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment;
4.4.9 Deliberately misuse the "notice and take-down" complaints
facility;
4.4.10 Upload or post any personal information about any person
including yourself (for example: telephone number, home address or
e-mail address), or include postal addresses of any kind;
4.4.11 Provide any Material with the intention of committing or
promoting an illegal act;
4.4.12 Provide any Material in respect of which you do not have
the intellectual property rights or other permission to distribute
the Material electronically;
4.4.13 Upload or post references to any URL which is infringing
copyright; or
4.4.14 in any way that will violate or infringe any English
laws, regulations or international treaties.
Text
4.5 You warrant that any text you upload or post onto the
Website is your own original work, that you have the right to make
it available to EGL in accordance with these Terms and that you are
not breaching any one else's intellectual property rights.
General
4.6 You shall comply with all directions provided to you by
EGL
4.7 You agree that EGL may access, preserve, and disclose your
Material: (a) to its affiliated companies; and (b) if required to
do so by law or in the good faith belief that any such access,
preservation or disclosure is reasonably necessary.
4.8 EGL reserves the right to edit or remove any content from
www.eurostar.com and /or www.eurostartricityathlon.com at any time
that does not comply with its terms.
5 RIGHTS IN COMPLETED WORK
5.1 Where you upload or post any Material to the Website you
agree, by uploading or posting the Material, to grant EGL a
perpetual, royalty-free, non-exclusive, sub-licensable right and
licence to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, perform, play, make
available to the public, and exercise all copyright and publicity
rights with respect to the Material worldwide and/or to incorporate
the Material in other works in any media now known or later
developed for the full term of any rights that may exist in the
Material, and in accordance with privacy restrictions set out in
EGL's Privacy Policy. If you do not want to grant to EGL the rights
set out above, please do not submit Material to the Website.
5.2 All logos, trade names or trademarks used by EGL or its
associated companies in the course of such companies' business
including, by way of example only, the trademark "Eurostar", are
the property of EGL or its associated companies. EGL or its
associated companies as appropriate reserve all intellectual
property rights in relation to the use of such logos, trade names
or trademarks by any other person, company or organisation. Any
such use will be permitted only at the sole discretion of and in
accordance with such terms and conditions (including the payment of
a licence fee) as may be imposed by EGL or its associated companies
from time to time.
5.3 Except solely for your own personal and non-commercial use,
no part of the Website may be copied, published, broadcast or
adapted without the prior written consent of EGL.
5.4 The names, images and logos on the Website which identify
third parties and their products and services are subject to
copyright, design rights and trade marks of such third parties.
5.5 Nothing contained in these Terms shall be construed as
conferring by implication, estoppel or otherwise any licence or
right to use any intellectual property rights of EGL or any third
party.
5.6 This clause 5 shall survive the expiration or termination of
these Terms.
6 NOTICE AND TAKE DOWN POLICY
6.1 If you wish to complain about any individual piece of
content on the Website then please contact us using by using our
"Contact us" page contactus@trictyathlon.com outlining the nature
of your complaint, quoting the content in full and specifying the
URL of the page the content is on. We will endeavour to investigate
your complaint as soon as possible.
7 GENERAL PRACTICES REGARDING USE AND STORAGE
7.1 You acknowledge that EGL may establish and from time to
time, amend general practices and limits concerning use of the
Website. You agree that EGL has no responsibility or liability for
the deletion or failure to store any Material.
8 VIEWING THE WEBSITE
If you view this Website from any place outside of England it is
your responsibility to ensure that you comply with all the legal
requirements of the country or place from which you are viewing the
Website.
9 MODIFICATIONS TO WEBSITE
9.1 EGL reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Website (or
any part thereof) with or without notice. You agree that EGL shall
not be liable to you or to any third party for any modification,
suspension or discontinuance of the Website.
10 LINKS
10.1 The Website provides and third parties may provide links to
other world wide web sites or resources. Because EGL has no control
over such sites and resources, you acknowledge and agree that EGL
is not responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable
for any content, advertising, products, or other materials on or
available from such sites or resources. You further acknowledge and
agree that EGL shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such content,
goods or services available on or through any such site or
resource.
10.2 Links to the Website shall not be setup without the written
consent of EGL. Requests for linking should be sent to
info@eurostar.com .
11. EGL's PROPRIETARY RIGHTS
11.1 You acknowledge and agree that the Website and any
necessary software used in connection with the Website ("Software")
contain proprietary and confidential information that is protected
by applicable intellectual property and other laws. You further
acknowledge and agree that content contained in sponsor
advertisements or information presented to you through the Website
or advertisers is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. Except as
expressly authorised by EGL or advertisers, you agree not to
modify, rent, lease, loan, sell, distribute or create derivative
works based on the Website or the Software, in whole or in
part.
12 INDEMNITY
12.1 You agree to indemnify and hold EGL and its subsidiaries,
affiliates, officers, agents, co-branders and other partners, and
employees, harmless from all claims, liabilities, losses, damages,
demands, costs and expenses, including reasonable attorneys' fees,
made by any third party due to or arising out of Material you
submit, post to or transmit through the Website, your use of the
Website, your connection to the Website, your violation of these
Terms, or your violation of any rights of another.
13. DISCLAIMERS
13.1 You expressly acknowledge and agree that:
13.1.1 Your use of the Website is at your sole risk.
13.1.2 Any content downloaded or otherwise obtained through the
use of the Website is done at your own discretion and risk and that
you will be solely responsible for any damage to your computer
system or loss of data that results from the download of any such
material.
13.1.3 No advice or information, whether oral or written,
obtained by you from EGL or through or from the Website shall
create any warranty or term of any kind, whether express or
implied, or other obligation not expressly stated in these
Terms.
13.1.4 EGL disclaims any liability for the reproduction of the
Website through a third party website or access to the Website
obtained through a third party website or any user's home page,
which reproduction misstates or omits any of the content contained
on the Website.
14 LIMITATION OF LIABILITY
14.1 EGL accepts no liability in respect of any material
submitted by you and EGL is not responsible for the content and
accuracy of any Material.
14.2 You expressly acknowledge and agree that under no
circumstances will EGL be liable for any direct or indirect loss,
cost or damage resulting from any of the following circumstances
(regardless of the form of action): (i) the use or the inability to
use the Website; (ii) unauthorised access to or alteration of your
transmissions or data (including personal data); (iii) statements
or conduct of, or Material posted by, any third party on the
Website; (iv) bugs or viruses, (v) any access to any other material
on the internet via links from this Website or (vi) any other
matter relating to the Website.
15 TERMINATION
15.1 You agree that EGL may in its sole discretion and at any
time terminate your use of the Website and remove and discard any
Material from the Website.
15.2 This clause 15 shall survive the expiration or termination
of these Terms.
16 NOTICES
16.1 Notices to you may be made via either e-mail or regular
mail.
17 NEGATION OF AGENCY
17.1 Nothing in these Terms shall render you an agent, partner
or employee of EGL.
18 IMPORTANT ENTITIES
18.1 The server upon which the Website is hosted is owned by
Eurostar Group Ltd.
18.2 The Website is operated and edited by Eurostar Group Ltd
and by Addicted2TV for and on behalf of Eurostar Group Ltd.
19 RIGHT OF ANSWER
19.1 Any person referred to in any content contained on the
Website may direct a right of answer to EGL at Eurostar Group
Limted, Customer Services, 3rd Floor, Kent House, 81 Station Road,
Ashford, Kent TN 23 1AP.
20. SEVERABILITY
20.1 The invalidity or unenforceability of any of these Terms
shall not affect, impair or invalidate any of the remaining
Terms.
21 GOVERNING LAW & LANGUAGE
21.1 To the extent permitted by law, any disputes arising from
your use of this Website or any information contained in it shall
be governed by English law and the Courts of England and Wales
shall have exclusive jurisdiction.
21.2 You agree that the English language versions of these Terms
will govern your relationship with EGL and that any translation is
provided for your convenience only.
21.3 If there is any contradiction between the English language
version of the Terms and a translation, then the English language
version shall take precedence.