Privacy Policy & Terms of Use
Welcome, and thank you for your interest in www.pilgrimtimes.com (the “Website”), which is located at 4 Ashley Court, Great North Way, London NW4 1PD. Your use of the Website, including the registration and use of a user account on the Website by you (“user”, “you”, or “your”), is subject to the following Terms of Use (the “Agreement” or “Terms of Use”). Please read this Agreement carefully before proceeding. By using the Website you agree to abide by the terms and conditions set forth in this Agreement. If you do not wish to be bound by this Agreement, you are not authorized to use this Website, including by creating a user account, and shall not be permitted to post any content to the Website. We reserve the right to modify these Terms of Use at any time without notice to you by posting changes on this page of the Website. It is your responsibility to review these Terms of Use prior to each use of the Website. Additionally, by agreeing to the terms and conditions herein, you represent and warrant that you are not a minor in your state of residence and have the right, authority and capacity to enter into this Agreement.
1. User Content.
A. General. Some areas of the Website may require registration in order to gain access or submit content. There shall be no more than one account per person. You agree to keep your personal username and password secret and confidential. You acknowledge and understand that the protection of your username and password is your sole responsibility.
B. Content; Monitoring. As part of the Website’s services, by creating a user account you will be able to post text, illustrations, designs, photographs, articles, audio/video, images and other materials (“Content”) to the Website. You shall be the owner of, and shall therefore have full responsibility for, the content you choose to submit. You acknowledge and agree that we do not and shall not have any obligation to review Content, and that we cannot assure that defamatory, unlawful, or fraudulent Content will not appear on the Website. However, you acknowledge and agree that we have the right to examine each submission of Content, and that we may remove, alter, edit, modify, rearrange or refuse to post any Content that you submit or post to the Website, in whole or in part, for any or no reason, at our sole discretion. Furthermore, you agree that we shall not have any obligation to use, post or display any Content provided by you, at our sole discretion. When publicly displaying, reproducing or distributing copies of Content, including Content as incorporated into a collective work, Pilgrim Times will make best efforts to credit your authorship. You grant Pilgrim Times permission to use your name for such attribution purpose. You, likewise, agree to represent yourself accurately. You understand, also, that all opinions expressed by users of the Website are expressed strictly in their individual capacities, and not as representatives of Pilgrim Times regardless of any employment or independent contractor relationship such user may have with Pilgrim Times. Any use, display or performance of the Content must not suggest that Pilgrim Times promotes or endorses any third party causes, ideas, political ideology, opinions, websites, products or services and my not be used by you in any manner. Representation of your personal opinions as institutionally endorsed by PILGRIM TIMES is strictly prohibited.
C. Personal Information. In order to provide you with a full range of services, we will collect information from you that identifies you personally, such as your name and email address. You agree that such information provided to us is accurate, complete and current. You agree that you will be the sole user of the account you create, that it is your information that has been provided to us, and that you will be responsible for any unauthorized use of your account. Furthermore, if you discover that an unauthorized person is using the account to access and post content to the Website, you agree to notify us immediately, in writing (email to editor@pilgrimtimes.com shall suffice for the purposes of such notification). You agree that, in order to protect our interests, we have the right to take any and all action available and permitted by law, including, without limitation, criminal prosecution.
D. Your Ownership or Right to Use Content and Intellectual Property Rights. By posting Content to the Website, you warrant and represent that: you either own or otherwise control all of the rights to that Content, including, without limitation, all rights necessary for you to provide, post, upload, input or submit the Content, or that your use of the Content is protected by fair use; that the use of the Content on the Website as contemplated hereunder will not infringe upon the rights of any person or entity, including without limitation, copyrights, trademarks, rights of publicity, rights of privacy, trade secrets, trade dress or other intellectual property rights; and that you have not entered into any agreements with any third parties that would interfere with our contemplated use.
E. Prohibited Material. You agree not to post, link to, or otherwise submit to the Website any Content that:
(i) is illegal, fraudulent, defamatory, or libellous;
(ii) infringes any patent, copyright, trademark, right of publicity, right of privacy, trade secret, trade dress or other intellectual property rights of any party;
(iii) is designed or has the capacity to interrupt, destroy or limit the functionality of the Website or any portion or section thereof;
(iv) is patently pornographic in nature, in that it graphically and explicitly depicts sexual acts;
(v) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or which harasses or harms, or advocates the harassment or harming of another person;
(vi) contains any software viruses, or involves the transmission of political campaigning, commercial solicitation, “junk mail”, “chain letters,” or unsolicited mass mailing, “spamming” or solicits personal information from other visitors to the Website;
(vii) links to materials or other content, directly or indirectly, to which the user posting such material does not have a right to link; You acknowledge that Content posted to this the Website may be subject to size and usage limitations, and that you are responsible for adhering to such limitations.
F. Our Right to Use Content. By posting Content to the Website, you automatically grant, and represent and warrant that you have the right to grant, to us a non-exclusive, worldwide, perpetual, irrevocable, assignable, royalty-free, license to use, copy, modify, adapt, publish, make, sell, create derivative works of or incorporate into other works such Content, derive revenue or other remuneration from, communicate to the public, distribute, perform or display such Content (in whole or in part) and/or to incorporate such Content in other works in any form, media, or technology now known or later developed, and to grant and authorize sublicenses of the foregoing through multiple tiers of sub-licensees, including the right to exercise the copyright, publicity, and any other rights over any of the materials contained in such Submissions for any purpose, including for purposes of advertising and publicity on the Website and elsewhere. No submission of Content shall impose any obligation on Pilgrim Times, whether of attribution or otherwise, and Pilgrim Times shall not be liable for any use or disclosure of any such Content.
G. The website includes areas that allow you to provide feedback to us, interact with the website (i.e. post comments and upload material) and interact with other users. We want everyone to enjoy using our website so please respect other users when using these features and functionalities. You are solely responsible for the content of any information/materials posted, uploaded, published, linked to or sent by you on or via the website (“User Material”). You must only post User Material under your real name and must not select a false name or masquerade as a different person when posting User Material.
H. By posting/uploading User Material you warrant and agree that you are [18] years of age or older or that you are [16 or 17] and have received consent to post User Material from your parent or guardian. We advise parents who permit their children to use our services that it is important that they communicate with their children about their safety online. Minors who are using any service offered via the website should be made aware of the potential risks to them of using such service.
I. Any User Material you upload or post to our website will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose to third parties any such material as set out in paragraph F
G. We have set certain content standards for User Material. You must comply with the spirit of the standards set out in this paragraph 9.4 as well as the letter.
You must ensure that any User Material you submit:
(1) is accurate (where it states facts);
(2) is genuinely held (where it states opinions); and
(3) complies with applicable law in the UK [and in any country from which the User Material is posted].
You must not:
(4) copy, post, transmit, or share User Material on the website that you did not create or that you do not have permission to post/upload/transmit/stream;
(5) post, link to or otherwise publish any User Material that infringes copyright or other rights of third parties;
(6) post, link to or otherwise publish any User Material that gives the impression that it emanates from us, if this is not the case;
2. Change To The Website and These Terms
A. We aim to update our website regularly and may change the content at any time. Please be aware that we may alter the information on any part of the website, including these terms and conditions, from time to time. You are advised to review these terms and conditions regularly to ensure you are aware of any changes. Your continued use of the website after such changes are posted will be deemed agreement on your part to the new revised terms and conditions.
B. Any of the material on our website may be out of date at any given time and we are under no obligation to update such material.
3. Intellectual Property.
A. We and/or our licensors own the copyright, trademarks, database rights and other intellectual property in the website and all of the material published on it. You may only use the material on the website for your own personal non-commercial purposes. Save as permitted in this paragraph 3.A, you may not copy, reproduce, distribute, upload, post or transmit in any form, any of the content of the website without our express prior written permission nor may you modify, licence, create derivative works from, transfer or sell any content, software or information obtained from the website without our express prior written permission.
B. The software on the website is protected by copyright and is made available strictly on the terms of licence of such software and may not be used for any purpose other than the proper use of the website in accordance with these terms and conditions.
4. Links.
A. We, third parties, and/or other users may provide links to other websites of possible interest to you. Because we have no control over unaffiliated websites, you acknowledge and agree that we are not responsible for the availability of such websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. You also acknowledge and agree that we 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 the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. All such websites shall be subject to the policies and procedures of the owner of such websites.
B. You may link to our website provided that you do so in a way that is fair and legal and does not damage the reputation of the pilgrimtimes.com 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. We reserve the right to withdraw linking permission without notice.
C. If you wish to make any use of the material on the website other than as set out in these terms, please address your request to editor@pilgrimtimes.com and indicate in the subject field “web request”.
5. BREACH OF THESE TERMS AND CONDITIONS
5.1 We will determine, in our discretion, whether there has been a breach of these terms and conditions. When a breach has occurred, we may take such action as we deem appropriate. Failure to comply with the terms and conditions may result in our taking all or any of the following actions:
5.1.1 issue of a warning to you;
5.1.2 immediate, temporary or permanent withdrawal of your right to use our website (or any part of it);
5.1.3 immediate, temporary or permanent removal or modification of User Material uploaded by you to our website;
5.1.4 deletion of any and/or all of your registered account(s);
5.1.5 blocking specific email addresses and/or IP addresses from registering for and/or accessing the website;
5.1.6 legal action being taken against you;
5.1.7 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
5.2 We have the right to disclose your identity to any third party who is claiming that any User Material posted or uploaded by you to our website constitutes a violation of their rights (including intellectual property rights or right to privacy) and/or to any relevant law enforcement authority or agencies.
6. SECURITY POLICY
To protect the integrity of your credit or debit card details, we encrypt any transactions using industry standard, SSL technology. When the encryption system is activated, you will see a padlock system at the bottom of your screen.
7. VIRUSES AND HACKING
7.1 You must not misuse our website 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 website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack.
7.2 By breaching paragraph 7.1, 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 our website will cease immediately.
7.3 We will not be liable for any loss or damage caused by a denial-of-service attack, 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 website or to your downloading of any material posted on it, or on any web site linked to it.
8. YOUR RESPONSIBILITY AND INDEMNITY
8.1 YOU AGREE ON DEMAND TO INDEMNIFY AND HOLD US AND ANY OF OUR OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ANY AND ALL DAMAGES, COSTS, LIABILITIES, LOSSES OR EXPENSES WHICH WE REASONABLY AND PROPERLY SUFFER OR INCUR AS A RESULT OF ANY CLAIM, ACTION OR PROCEEDINGS BROUGHT OR THREATENED AGAINST US RELATING TO YOUR USE OF OR CONDUCT ON THE WEB SITE AND/OR YOUR BREACH OF THESE TERMS AND CONDITIONS.
8.2 It is your responsibility to ensure that your use of the website is not contrary to the applicable laws of your country of residence.
9. DISCLAIMER
YOUR ATTENTION IS DRAWN TO THIS SECTION. PLEASE READ THIS CAREFULLY. PLEASE ENSURE THAT YOU UNDERSTAND AND AGREE TO THIS SECTION BEFORE USING THE WEB SITE.
9.1 Commentary and other material posted on our website is not intended to amount to advice on which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on such materials by any user of our website or by anyone who may be informed of any of its content.
9.2 Although we endeavour to ensure the technical and factual accuracy of all content of the website, this cannot be guaranteed and some errors may occur. To the extent permitted by law, our liabilities are excluded and/or limited as set out below:
9.2.1 we disclaim all conditions, warranties and other terms, express or implied by statute, custom or usage, relating to the information contained in or the goods/services offered on or via the website. Further, no representations or warranties are given as to the accuracy, fitness for purpose, quality or condition of the website or any items or information listed on the website;
9.2.2 we provide no warranty that the website is free from infection by viruses or anything else that has contaminating or destructive properties;
9.2.3 we will not be liable for any delays or inability to use the website caused by circumstances beyond our reasonable control, including without limitation acts of God, acts of terrorism, the act of government or authority, fire, explosion, or accidental damage, failure of plant, machinery or computers (including virus contamination or damage by hackers or unauthorised users), power failure, failure of telecommunications or criminal damage; and
9.2.4 we exclude liability for any of the following losses or damage arising from or in relation to the use of the website and/or any information available on the website and/or in relation to any delay, interruption or inability to use the website whether based on contract, tort (including negligence), statutory duty, strict liability or otherwise (even if foreseeable):-
(a) loss of income or revenue;
(b) loss of business;
(c) loss of opportunity;
(d) loss of profit or contracts;
(e) loss of anticipated benefits or savings;
(f) loss of any tangible or intangible asset (including data);
(g) loss of goodwill;
(h) liability to third parties;
(i) indirect, economic or consequential loss
9.3 Subject to clauses 15.1 and 15.2 above, our aggregate liability in contract, tort or otherwise (including negligence) for losses arising out of or in relation to your use of the website and/or any information available on the website and/or in relation to any delay, interruption or inability to use the website, shall not, exceed the amount of subscription fees paid by you in the 12 month period immediately preceding the date on which the incident occurred or [£50] whichever is the higher.
9.4 Nothing in these terms and conditions shall exclude or limit 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.
10. GENERAL
10.1 The advertising and sponsorship on the website is the responsibility of the advertiser or sponsor. We exclude liability to the fullest extent permitted by law for any error or inaccuracy appearing in any advertising or sponsorship material.
10.2 If any part of these terms and conditions are found to be unenforceable, void, illegal or invalid they shall be severed from the terms and all the other provisions shall remain in full force and effect.
10.3 You may not assign, sub-licence or otherwise transfer any of your rights under these terms and conditions without our agreement in writing.
10.4 Use of the website, our business and the services we offer are governed by and shall be construed in accordance with English law and you agree that any dispute or matter which arises between you and us in relation to the website and/or services offered via the website will be subject to the [non] exclusive jurisdiction of the Courts of England.
