No Prohibited Use
As a condition of your use of the Website, you agree that you will not use the Website for any purpose that is unlawful or that is prohibited by these Terms or that undermines the purpose of this Website. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website (or the platform or network(s) connected to the Website) or interfere with any other party’s use and enjoyment of the Website.
You may not attempt to gain unauthorized access to the Website, computer systems or networks connected to the Website through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.
All content on the Website, including but not limited to visual interfaces, designs, text, computer code, graphics, pictures, video, music, sound and other files and their selection and arrangement and any other content that is created by us and made available on the Website (collectively the “Website Content”), is our proprietary property with all rights reserved except for the Website theme and material included in the “Reports” section of this Website.
No Website Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or any means, in whole or in part, without our prior written permission, except in accordance with the license set forth in the subsequent paragraph.
Provided that you keep all copyright or other proprietary notices intact, you are granted a limited, non-exclusive, worldwide and revocable license (i) to access and use the Website and the Website Content and to download, share or print a copy of any portion of the Website Content to which you have properly gained access solely for your personal, non-commercial use (provided that if you make use of any reports in the “Reports” section of the Website, you give full and complete attribution to the author(s) of any such reports and for any reports authored by anyone other than Trevor Asserson and his co-authors, you obtain the permission of the copyright owner as may be required under any applicable law), and (ii) to use Website Content and User Content (as defined below) for political, research and educational purposes provided that to the extent any Website Content and User Content contains content owned by persons or entities other than us or BBC Watch users, such use is made in accordance with any applicable laws and regulations. Such license is subject to these Terms and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods.
All trademarks, logos, and service marks (collectively the “Trademarks”) used in the Website are our property and the property of their respective owners.
THE WEBSITE CONTAINS SOME PROPRIETARY MATERIALS, THE USE OF WHICH HAS NOT ALWAYS BEEN SPECIFICALLY AUTHORIZED BY THE OWNER. WE ARE MAKING SUCH MATERIAL AVAILABLE IN OUR EFFORTS TO ADVANCE UNDERSTANDING OF POLITICAL, HUMAN RIGHTS, ECONOMIC, DEMOCRACY, AND SOCIAL JUSTICE ISSUES AND FOR NON-COMMERCIAL PURPOSES. WE BELIEVE THAT SUCH USE IS PERMITTED PURSUANT TO THE RIGHTS, PRIVILEGES, FREEDOMS, EXCEPTIONS AND EXEMPTIONS AFFORDED BY THE FIRST AMENDMENT OF THE CONSTITUTION OF THE UNITED STATES OF AMERICA AND ANY OTHER APPLICABLE LAW OR REGULATION, WHETHER CONSTITUTIONALLY PROTECTED OR OTHERWISE.
YOU ACKNOWLEDGE THAT TREVOR ASSERSON, HIS CO-AUTHORS AND THEIR AFFILIATES BEAR NO AFFILIATION WITH US NOTWITHSTANDING THE GENERALITY OF ANY LIMITATIONS OF LIABILITY AND DISCLAIMERS CONTAINED HEREIN.
WE ARE NOT AFFILIATED IN ANY MANNER WITH THE BBC AND ANY OF ITS AFFILIATES.
You are solely responsible for the text, information, music, video, and other content that you upload, publish or display (hereinafter, “post”) on or through the Website, or transmit to or share with other users (collectively the “User Content”). You may not post, transmit, or share User Content on the Website that you did not create or that you do not have permission to post. You assume all risks associated with use of User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure by you of information in User Content that makes you personally identifiable.
You understand and agree that we may in our sole discretion review the Website and may delete or remove (without notice) any User Content in our sole discretion, for any reason or no reason, including User Content that in our sole judgment violates these Terms or, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Website or provide to us.
You understand that we have no obligation to verify the identity of any users when they are connected to the Website or to supervise the content which has been provided by users. Should you believe that someone is misusing or otherwise appropriating your information, you must immediately inform us.
When you post User Content to the Website, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Website and to make any other use that we determine in our discretion. By posting User Content to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You also grant BBC Watch users the irrevocable, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to access and use information you post for political, research and educational purposes.
We do not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted herein, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
You understand that the Website is available for your personal, non-commercial use only. You represent, warrant and covenant that no materials of any kind posted, transmitted, or shared by you on or through the Website will violate or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy, publicity or other personal or proprietary rights or contain libelous, defamatory or otherwise unlawful material.
In addition, you agree not to use the Website to:
- use the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website;
- use automated scripts to collect information from or otherwise interact with the Website;
- upload, post, transmit, share, store or otherwise make available any content that we deem, in our sole discretion, to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, pornographic or depicts a human being engaged in sexual conduct, hateful, or racially, ethnically or otherwise objectionable;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, or your affiliation with any person or entity;
- upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “affiliate marketing”, “link referral code”, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party;
- solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- upload, post, transmit, share or otherwise make available any material that that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
- intimidate, stalk or harass another;
- upload, post, transmit, share, store or otherwise make available content that would infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party or constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
- upload, post, transmit, share or otherwise make available any content that disrupts the normal flow of dialogue with an excessive amount of content (flooding attack) to the Website, or that otherwise negatively affects other users’ ability to use the Website; or
- upload, post, transmit, share, store or otherwise make available content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose us or our users to any harm or liability of any type.
Limitations on use of Website
We have the right to take any of the following actions in its sole discretion at any time and for any reason without giving you any prior notice:
- Restrict, suspend, or terminate your access to all or any part of the Website;
- Change, suspend, or discontinue all or any part of the Website;
- Refuse, move, or remove any material that you submit to the Website for any reason;
- Refuse, move, or remove any content that is available on the Website;
- Establish general practices and limits concerning use of the Website.
You agree that we will not be liable to you or any third party for taking any of these actions.
Third Party Content
The Website contains (or you may be sent through the Website) links to other web sites (“Third Party Sites”) as well as blog postings, photographs, text, graphics, pictures, designs, music, sound, video, information and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including, without limitation, the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third Party Sites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices of any site to which you navigate from the Website.
Disclaimer of Warranties
Neither we nor Trevor Asserson, his co-authors nor their affiliates are responsible or liable in any manner for any User Content posted on the Website. Although we may from time to time provide rules for User Conduct and postings and may implement a pre-moderation posting policy, neither we nor Trevor Asserson, his co-authors nor their affiliates are responsible and nothing should be deemed to make any of the aforegoing persons or entities responsible for what users post, transmit or share on the Website and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Website or in connection with any User Content. Neither we nor Trevor Asserson, his co-authors nor their affiliates are responsible for the conduct, whether online or offline, of any user of the Website.
THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
NEITHER WE NOR TREVOR ASSERSON, HIS CO-AUTHORS NOR THEIR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE WEBSITE CONTENT AND USER CONTENT CONTAINED WITHIN THE WEBSITE FOR ANY PURPOSE. ALL SUCH CONTENT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WE AND TREVOR ASSERSON AND HIS CO-AUTHORS AND THEIR AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS CONTENT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
Limitation of Liability
IN NO EVENT SHALL WE OR TREVOR ASSERSON AND HIS CO-AUTHORS AND THEIR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY CONTENT OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
You agree to indemnify and hold us, Trevor Asserson, his co-authors and their affiliates, each of their successors and assigns and each of their founders, directors, officers, employees, agents, advertisers and licensees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with Website, Website Content or User Content, your use of the Website, your conduct in connection with the Website or with other users of the Website or other third parties, or any violation of these Terms or of any law or the rights of any third party.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website (“Submissions”), provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
We reserve the right to change these Terms at any time. Updated versions of the Terms will appear on this Website and are effective immediately. You are responsible for regularly reviewing the Terms. Continued use of the Website after any such changes constitutes your consent to such changes.
Violation of the Terms
Please report any violations of these Terms of which you become aware, by emailing us at firstname.lastname@example.org.
Our failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
Governing Law; Venue and Jurisdiction
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect. These Terms constitute the entire agreement between you and us with respect to the Website and it supersedes all prior or contemporaneous communications and proposals between you and us with respect to the Website.