Terms and Conditions

1.  ThisNewYearsEve.com reproduces the information provided by subscribers to this site in good faith and uses best endeavors to vet the information appearing on it but can take no responsibility for the accuracy of that information nor for any sites linked to it (whether directly or indirectly). Nor does it accept any responsibility for the representations made by its subscribers whether express or implied. ThisNewYearsEve.com expresses no opinion as to the quality or suitability of individual subscribers or the goods or services provided by them and gives no warranty as to the quality or fitness of the goods or services they provide. ThisNewYearsEve.com does not act as agent for any of its subscribers and any contract entered into between a visitor of this site and a subscriber to this site shall be exclusive to them and shall not confer upon either of them the benefits of any rights or obligations upon the part of ThisNewYearsEve.com. Nor shall ThisNewYearsEve.com be responsible for any loss occasioned, whether directly or indirectly as a result of any acts, omissions, advice, information, delays or mistakes made or given by its subscribers or by any further parties on behalf of its subscribers.

2.  ThisNewYearsEve.com shall be under no duty to provide the services of this site, whether in contract or otherwise and shall not be liable for any loss, damage or inconvenience suffered as a result of the use of it or the inability to access it at any given time nor resulting from any virus, corrupted data, program or other materials, codes or electronic information having contaminated or disrupted qualities and transferred from or through this site and nor shall it be responsible for any loss, damage or inconvenience resulting from any invasion of privacy or from the passing of any private or personal information requested by or divulged to a subscriber to this site, whether through any encryption or other secure device activated or purportedly activated through this site or howsoever else transmitted.

3.  ThisNewYearsEve.com has no proprietary rights, either as author, agent or otherwise in any copyright, trademark or other intellectual property rights vested in its subscribers and confers no rights upon third parties to use or reproduce any materials, information or devices appearing within this website.

4.  Visitors to this site who complete the email update process (hereinafter referred to as "Registered Users") will receive emails containing updates from the main website.  All users have the opportunity to cease receiving emails when they require.  Registered Users accept sole responsibility for maintaining the confidentiality of their user name and email subscription and ThisNewYearsEve.com accepts no responsibility for any consequence of any breach of the security thereof.

5.  By registering with ThisNewYearsEve.com Registered Users undertake:
(i)  Not to send unsolicited information to any other Registered Users without the recipient's consent nor to send other to Registered Users information which having regard to the nature thereof and the age capacity or otherwise of the recipient would be inappropriate to the recipient
(ii)  Not to upload, post, email, transmit or otherwise make available any material or information of an unlawful or sexually explicit nature or which may be libellous, vulgar, defamatory, harmful, threatening, abusive, hateful or socially, ethically, sexually, or racially discriminatory or which may be supportive of or which may tend to suggest support for or affiliation with those participating in or promoting encouraging or enticing others to indulge in such activities
(iii)  Not to impersonate any person or entity or upload, post, email, transmit or other make available through the site any trademark, trade secret, copyright or other intellectual rights not owned by the user without the owner's express permission
(iv)  Not to use the services of the site to "stalk" or otherwise harass any individual nor to collect store or pass on to others personal data about other users without their consent

6.  Whilst ThisNewYearsEve.com cannot be held responsible for all activities which occur, Registered Users are encouraged to draw to its attention any unauthorised or inappropriate use of the site and ThisNewYearsEve.com may at any time and without notice suspend or terminate the registration of any user who in its opinion has used the facilities of the site in an authorised or inappropriate manner or otherwise in breach of the spirit of their undertaking. In the event of such termination ThisNewYearsEve.com shall not be liable to the registered user or any third party for any consequence of such termination.

7.  Registered Users agree that ThisNewYearsEve.com may retain (and if required by law, may disclose) the personal information given to it during the registration process in order to:
(i)  Provide the registered user with information which is relevant to him
(ii)  Enforce the Terms and Conditions and undertakings given by the registered user
(iii)  Respond to claims brought to protect the rights of third parties
(iv)  Protect the rights and property of ThisNewYearsEve.com and the rights property and personal safety of its staff, subscribers, users and the public

8.  Registered Users accept that the laws of England and Wales shall apply to the exclusion of all others. Each registered user further agrees to indemnify ThisNewYearsEve.com and its officers fully and effectually against any costs claims or demands made by any third party due to or arising out of their use of the services of this site

9  The exclusions herein do not extend to or exclude or restrict any civil liability for personal injury or death caused by negligence or any other liability, the exclusion or restriction of which is expressly prohibited by law

10. ThisNewYearsEve.com reserves the right to amend the Terms and Conditions of use at any time.

Terms and Conditions for Subscribers
                                      
“The Organisation” refers to the non trading, content only providing collective of individuals who have developed and supplied to the public domain the website www.ThisNewYearsEve.com.  Head of this organisation is Mr C Lunn, of 34 Warren Down, Bracknell, Berkshire, RG42 1WD.

“The Website” means the set of interconnected pages of information (including a home page) stored on server computers and run and managed by the Organisation to which access may be gained by the public over the internet and includes the contents thereof, its related database, and all internal and external links to it.

“Subscriber” means the person, institution or company registered with The Organisation for the purpose of displaying information regarding its business upon The Organisation’s Website and “Subscribers” has a corresponding meaning.

“Event Page” means a page or series of interconnected pages created by the Organiser for the Subscriber and appearing on the Website in a manner designed to provide the public with access thereto in order to obtain information about the Subscriber and/or the Subscriber’s product, goods, services or leisure activities relating to the event taking place on 31st December 2005 and leading into 1st January 2006.

“Event Description” means a sectional page or series of pages within the Organisation’s Website devoted to the display of advertisements placed by Subscribers within the corresponding sub-section for their local area.

“The Service” means the provision of an event description within the website, and accessible to the public through, the website and which the organisation may edit or remove by contacting the organisation via email or fax with clear instructions to adhere to.

 “The Licence Period” means a period of 4 months and thereafter until the licence is terminated in manner hereinafter appearing.

1. Upon completion of the registration process the Organisation shall provide the Event Description service to and for the Subscriber. 

2. The Subscriber accepts full responsibility for the content, accuracy and completeness of the information, advice and content of its Event Description and of any advertisements placed by the Subscriber throughout the website and for the quality and fitness of the goods or services offered therefrom.  The Subscriber undertakes with the Organisation to honour any promotions offered thereon and to use best endeavours to ensure that any necessary changes to the information given within its event description are made promptly.

3. The Organisation shall not be liable for any loss or damage sustained by the Subscriber, the Subscriber’s customers or any other third party, directly or indirectly, whether in contract, tort or otherwise, incurred through making use of or relying upon access to the Website generally or to the Information Pages therein or through any links made to or from them.

4. Notwithstanding anything else contained in these Terms and Conditions the Organisation shall not be liable to the Subscriber for loss of profit or contracts or other indirect or consequential loss whether arising from negligence, breach of contract, or howsoever arising.  Without prejudice to the generality of the forgoing, the Subscriber acknowledges and accepts that electronic information sent via the internet can be affected by errors in transmission, destructive programs and/or information introduced maliciously by third parties and whilst the Organisation will use its reasonable endeavours to procure that such destructive programs are restricted it is not liable for the presence of such programs, save and except to the extent to which the presence of destructive programmes is caused by the failure of the organisation to use such reasonable endeavours.

5. The Subscriber warrants that:
(i) The information it supplies on or for the purpose of appearing within the Events Page is true, accurate and complete and that it will keep such information as may be date sensitive updated as necessary to ensure that it remains true, accurate and complete.
(ii) It has the right to or the permission of the person or company having the right to all copyright material, trademarks or other intellectual property appearing on the Events Page.
(iii) It will keep confidential and secure all details used in relation to accessing, updating and amending the Event Page and shall not allow any third party to use the same.

6. The Subscriber undertakes not to use or allow others to use its Event detail to (nor provide links from it to other Worldwide Websites which) advertise, promote, incite, endorse, encourage or invite participation in or support for activities or the sale of goods or materials of any illegal or immoral nature and accepts and agrees that the Organisation may suspend or permanently terminate The Service without notice or compensation of any kind if the Subscriber shall fail to comply with this undertaking or should the Organisation consider that the Subscriber has failed to adhere to the spirit thereof and in the event of such termination the Organisation shall not be liable to the Subscriber or to any third party for any consequence of such termination.

 7. Neither the Organisation nor the Subscriber shall record the browsing activities of individual visitors to the site nor shall the Subscriber be entitled to any information concerning individual visitors to or users of it which the Organisation may hold although the Organisation may at its discretion provide general statistical information to the Subscriber to assist the Subscriber in the promotion of its business through The Service.

 8. The presentation of the contents of the Organisation’s Website (including the design, graphics and arrangement thereof) is the copyright of the Organisation and may not be replicated or reproduced without permission .

 9. By registering with the Organisation Subscribers agree that the Organisation may retain (and if required by law may disclose) the personal information given to it during the registration process in order to:
 (i) Provide the Subscriber with information which is relevant to it
 (ii) Enforce the Terms and Conditions and undertakings given by the Subscriber
 (iii) Respond to claims brought to protect the rights of third parties
 (iv) Protect the rights and property of the Organisation and the rights, property and personal safety of its Subscribers, visitors, users and the public

10. The right to be provided with the Services is personal to the Subscriber and is not transferable.

 11. (i)  This licence may be terminated by either party at any time on giving 30 days written notice to the other party.
(ii)   This licence may be terminated by either party forthwith if the other party is in material breach of its obligations hereunder.

12. The construction, validity and performance of this agreement shall be governed by English law and the Subscriber irrevocably submits to the exclusive jurisdiction of the English Courts.

13. These Terms and Conditions are not intended to and do not give any person who is not a party to the agreement between the organisation and the Subscriber any rights to enforce any provisions contained herein for the purposes of the contract (Rights or Third Parties) Act 1999.

 14. The Organisation reserves the right to amend these Terms and Conditions at any time and the Subscriber agrees that notification thereof may be given by email or by post addressed to the Subscriber at its last known email address or postal address as the case may be.