Terms & Conditions

Terms & Conditions


Terms And Conditions

Terms & Conditions

Communicorp UK - General Terms of use

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.xsmanchester.co.uk and any regional website operated by us that you are redirected to as a result of visiting these Websites "(our "Sites")", whether as a guest or a registered user. Please read these terms of use carefully before you start to use any of our Sites. By using any of our Sites, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our Sites.

Information about us

Our Sites are operated by Communicorp UK, a company registered in England and Wales with number NI622021 and registered office at MARLBOROUGH HOUSE, 30 VICTORIA STREET, BELFAST,NORTHERN IRELAND,BT1 3GG ("We"). Our main trading address is Communicorp UK, Laser House, Waterfront Quay, Salford Quays, Manchester, M50 3XW.

Our broadcasting activities are regulated by the communications regulator OFCOM which regulates standards in programmes, commercial sponsorship, fairness and privacy in accordance with the Broadcast Code.

Accessing our Website

Access to our Sites is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Sites without notice (see below). We will not be liable if for any reason any Site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our Sites, or an entire Site or Sites, to users who have registered with us.

If you choose, or you are provided with, a username, password or any other piece of information as part of our signup procedure, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

You are responsible for making all arrangements necessary for you to have access to our Sites. You are also responsible for ensuring that all persons who access any of our Sites through your internet connection are aware of these terms, and that they comply with them.

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Sites for your personal reference and you may draw the attention of others within your organisation to material posted on our Sites.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our Sites must always be acknowledged. You must not use any part of the materials on our Sites for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our Sites in breach of these terms of use, your right to use our Sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Reliance on information posted

Commentary and other materials posted on our Sites are for general information only and are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Sites, or by anyone who may be informed of any of its contents.

Our Websites change regularly

We update our Sites regularly, and may change the content at any time. If the need arises, we may suspend access to all or any part of our Sites, or close them indefinitely. Any of the material on our Sites may be out of date at any given time, and we are under no obligation to update such material.

Our liability

The material displayed on our Sites is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Sites or in connection with the use, inability to use, or results of the use of our Sites, any websites linked to it and any materials posted on it, including, without limitation any liability for:

  • loss of income or revenue;
  • loss of business;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss of data;
  • loss of goodwill;
  • wasted management or office time; and
  • 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, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Information about your visits to our Website

We process information about you in accordance with our Privacy Policy. By using any of our Sites, you consent to such processing and you warrant that all data provided by you is accurate.

Interactive services

We may from time to time provide interactive services on our Sites, including, without limitation blogs, chat rooms and forums "(an "Interactive Service")".

Where we do provide any Interactive Service, we will provide clear information to you about the kind of service offered. Interactive Services are not moderated or monitored by us unless otherwise advised by us. If we do advise you that an Interactive Service is moderated we will also tell you what form of moderation is used (including whether it is human or technical). Where we do moderate an Interactive Service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

We are under no obligation to oversee, monitor or moderate any Interactive Service we provide on our Sites, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a user in contravention of our content standards (see below), whether the service is moderated or not.

The use of any Interactive Service by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any Interactive Service should be made aware of the potential risks to them.

Uploading material to our Websites

Whenever you make use of a feature that allows you to upload material to our Sites or any of our pages on any social networking sites (for example our Facebook or Twitter pages) "(our "Social Networking Pages")", or to make contact with other users of our Sites or Social Networking Pages, you must comply with the content standards set out below. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

Any material you upload to any of our Sites will be considered non-confidential and non-proprietary, and you grant us a royalty-free, irrevocable, worldwide licence to use, copy, reproduce, process, adapt, publish, transmit, display, distribute and disclose all or any part of such material in any and all media or distribution process (whether now known or later developed and which includes but is not limited to social networking sites such as Twitter and Facebook) for any purpose. You also grant us the right to change or edit the materials in your contribution for operational and editorial reasons.

Any material you upload to any of our Social Networking Pages will be subject to the terms and conditions of the owner of the relevant social networking site.

We have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Sites or Social Networking Pages constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Sites or our Social Networking Pages.

We have the right to remove any material or posting you make on our Sites and/or our Social Networking Pages if, in our opinion, such material does not comply with the content standards set out below.

Content standards

These content standards apply to any and all material which you contribute to our Sites or Social Networking Pages "("Contributions")", and to any Interactive Services associated with our Sites.

You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contribution as well as to its whole.

Contributions must:

  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

  • Contain any material which is defamatory of any person.
  • Contain any material which is obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • Give the impression that they emanate from us, if this is not the case.
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

For more guidance about interacting with our services and other people online using a computer, mobile phone or any other way you may wish to communicate digitally, please refer to our Community Guidelines.

Viruses, hacking and other offences

You must not misuse our Sites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Sites, the server on which our Sites are stored or any server, computer or database connected to our Sites. You must not attack our Sites via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you may commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use all our Sites will cease immediately.

We 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 our Sites or to your downloading of any material posted on it, or on any website linked to it.

Prohibited uses

You may use our Sites only for lawful purposes. You may not use our Sites:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see above).
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

Complaints, suspension and termination

Any complaint by a user of our Sites or Social Networking Pages or any third party should in the first instance, be referred to us by email "(a "Complaint")". If you wish to request that we remove any material or content from our Sites or Social Networking Pages then you should utilise our Notice and Take Down Procedure. We shall have all the powers of an arbiter in determining any Complaint. We will deal with Complaints as soon as reasonably and practicably possible and, where necessary, will call upon evidence of any third party and the applicable users in dispute.

We will determine, in our discretion, whether there has been a breach of these term of use through your use of our Sites and Social Networking Pages. When a breach of these terms has occurred, we may take such action as we deem appropriate.

Failure to comply with the content standards above and/or the prohibited uses above constitutes a material breach of the terms of use upon which you are permitted to use our Sites and our Social Networking Pages, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our Sites and Social Networking Pages.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our Sites and/or Social Networking Pages.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of these terms of use. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Linking to our Websites

You may link to the home page of any of our Sites, provided you do so in a way that is fair and legal and does not damage our 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 our part where none exists.

You must not establish a link from any website that is not owned by you.

Our Sites must not be framed on any other site, nor may you create a link to any part of our Sites other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out above.

If you wish to make any use of material on our Sites other than that set out above, please use the following contact form.

Links from our Websites

Where our Sites contains links to other sites and resources provided by third parties, these links are provided for your information only. We have 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.

Jurisdiction and applicable law

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Sites although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our Sites.

Your concerns

If you have any concerns about material which appears on our Site, please contact the Digital Team.

Thank you for visiting our Site.

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