As a visitor to and user of eastmidlandsnetworker.com, or as an advertiser, affiliate or strategic partner, or user of the website and services in any other capacity, you agree to the following Terms and Conditions.
1. Acceptance of Terms
1.1. The East Midlands Networker (“EMN”) website and services are subject to the following Terms and Conditions (“TACS”), which may be updated from time to time without notice to you.
1.2. The EMN website contains content, images, artwork, written works, photography and other data created and/or owned by EMN. You are not permitted to download or use any images, or other material from this website or use such material other than for display on this and the third party websites where such items have been uploaded or published by EMN.
2. Description of Services
2.1. EMN provides an information service, collating and publishing information pertaining to business related events in the East Midlands, UK.
2.2. Unless explicitly stated otherwise, any new features that augment or enhance the EMN website and services, including the release of new services, software tools or resources, shall be subject to the TACS. EMN may add, delete or change some or all of the services provided at any time. Unless otherwise stated these TACS apply to you whether you are a casual user of the EMN website or any other type of user or associate.
3. Proprietary Rights and Licenses
3.1. You acknowledge and agree that content, including but not limited to artworks, text, software, audio, photographs, graphics, video, page layout and design or other material contained in the EMN website and services or information presented through the EMN website and services by EMN is protected by EMN’s copyright or other proprietary rights and laws. You acknowledge and agree that EMN can display images and text throughout the EMN website and services, including the insertion of sponsor messages into messages distributed on EMN mailing lists or other forms of communication.
3.2. Event images and videos, and potentially other media files that have been made publicly available by event organisers, are included in the EMN website and emails. EMN makes no claim of ownership or rights related to these media items, and they are used as intended by the owners to promote events. If you are an event organiser and do not agree with the usage of any event related media by EMN, simply email firstname.lastname@example.org and the media will be promptly removed.
3.3. Except as expressly authorised by EMN, event organisers, advertisers, associates, or other entity or individual, you agree not to copy, reproduce, transmit, rent, loan, sell, lease, licence, sub-licence, distribute or create in any way content and/or derivative works from the EMN website and services, in whole or in part.
4. Event Organisers, Advertisers and Partners / Roles and Liabilities
4.1. EMN is not responsible for examining or evaluating the events or other offerings of any of the event organisers, advertisers and partners promoted or linked to on this website. EMN does not warrant the offerings of any of these businesses, organisations or individuals or the content of their websites. EMN does not assume any responsibility or liability for the actions, products, and content of all of these or any other third parties. You should carefully review their individual privacy statements and other conditions of use.
4.2. EMN is neither the buyer nor the seller of event admissions/tickets, or of third party’s products or services. Accordingly, the contract formed at the completion of a transaction for event admissions or third party products or services is solely between buyer and seller. EMN is not a party to this contract and does not assume any responsibility arising out of, or in connection with it, nor is EMN the event organiser or third party’s agent. The event organisers or third parties are responsible for the sale of tickets, products or services and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and seller.
4.3. Event cancelations, event changes, or any additional or missing event information – that either comes to light after EMN lists an event or is not provided by EMN – is not the responsibility of EMN. EMN endeavours to give clear information for every event listed, but it’s not always possible to provide all the details or any new information that becomes available after the event has been published by EMN. Event organisers are responsible for notifying you of any changes or news related to events you’ve registered for. For events where you are interested but haven’t registered, you are responsible for checking for any news related to that event.
5. Disclaimer of warranties
5.1. You expressly understand and agree that:
(a) Your use of the EMN website and services is at your sole risk. EMN products and services are provided on an “as is” and “as available” basis and EMN and its suppliers, to the fullest extent permitted by law, make no warranties, express or implied, in relation to this site or its contents, including, but not limited to, security, warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. EMN and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the events information, material, products, services, software, text, graphics, video, audio and links.
(b) EMN makes no warranty that (i) the EMN website and services will meet your requirements, (ii) that the EMN website and services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the EMN website and services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the EMN website will meet your expectations, and (v) any errors in the software or content will be corrected. Further, if your use of the website or the material results in the need for servicing or replacing equipment or data, EMN is not responsible for those costs.
(c) Any material downloaded or otherwise obtained through the use of the EMN website and services 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.
(d) No advice or information, whether oral or written, obtained by you through or from the EMN website and services shall create any warranty not expressly stated in the TACS.
6.1. You agree to defend, indemnify, and hold harmless EMN and its owner from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the content, software, services or connection to the EMN website and services or your breach of the terms of these TACS, including, but not limited to:
(a) any injury to any person or property caused by products or services supplied through the medium of the EMN website and services;
(b) any material which infringes the proprietary or intellectual property rights of any third party;
(c) copyright infringement; or
(d) any defects in products sold through the medium of the EMN website and services.
6.2. EMN shall provide notice to you promptly of any such claim, action or demand as described in paragraph 6.1 and shall provide you with reasonable assistance, at your expense, in defending any such claim, suit or proceeding.
7. Limitation of Liability
7.1. Your use of the EMN website and EMN’s own products and services is at your own risk. If you are dissatisfied with any of the website’s content or EMN’s products and services or with these TACS, or any other rules or policies, your sole remedy is to discontinue use of the EMN website and products or services and dealings with EMN.
7.2. You expressly understand and agree that EMN shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, whether in an action of contract or tort, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if EMN has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the EMN website and services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the EMN website and EMN; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to EMN.
7.3. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of this paragraph 7 may not apply to you.
7.4. EMN Comment facilities (if/when available), proprietary rights: Upon posting any comments at the EMN website, you agree to grant EMN and its successors and assigns, a non-exclusive, world-wide, royalty free, perpetual, non-revocable license under your copyrights or other intellectual property rights, if any, in such material, to use, distribute, display, reproduce, and create derivative works from such material in any and all media, in any manner, in whole or part, without any duty to account to you. You also grant EMN the right to authorise the downloading and printing in whole or in part of any material that you have posted to the website(s), by end-users for their personal use.
8. Modifications to the TACS or to the EMN website and services
EMN reserves the right to change the TACS at any time without notice. EMN also reserves the right at any time and from time to time to modify or discontinue the EMN website or EMN services temporarily or permanently, with or without notice to you. You agree that EMN shall not be liable to you or any third party for any modification, suspension or discontinuance of the EMN website or EMN services.
9. Uses and Storage
You acknowledge that EMN may establish general practices and limits concerning use of the EMN website and services. You agree that EMN has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the EMN website and services. You further acknowledge that EMN reserves the right to change these general practices and limits at any time, in EMN’s sole discretion, with or without notice.
10.1. You agree that EMN, in the sole discretion of EMN, may terminate your password, account (or any part thereof) or use of the EMN website or services run by EMN, and remove and archive or discard any content within the EMN website or services run by EMN, without limitation, or take your account offline, if EMN believes that you have violated or acted inconsistently with the letter or spirit of the TACS, or you have failed to maintain ongoing/recurring payments for any EMN service. EMN may also, and at any time discontinue providing the EMN website, services run by EMN, or any parts thereof, with or without notice. You agree that any termination of your access to the EMN website or online services run by EMN under any provision of these TACS may be effected without prior notice, and acknowledge and agree that EMN may immediately deactivate, archive or delete your account and all related information and files in your account, and/or bar any further access to such files or the EMN website or online services run by EMN. Further, you agree that EMN shall not be liable to you or any third-party for any termination of your access to the EMN website or online services run by EMN.
10.2. If such action is taken as a result of your breach of this contract, the remainder of any payment made by you will not be refundable.
11.1. The TACS constitute the entire agreement between you and EMN (including, but not limited to, any prior versions of the TACS). You also may be subject to additional terms and conditions that may apply when you use certain services of EMN, event organisers, third-party content, third party services or third-party software.
11.2. EMN makes no claims that the content of the EMN website is appropriate for any particular purpose or audience, or that it may be downloaded outside of the United Kingdom. Access to the content (including any software) may not be legal by certain persons or in certain countries. If you access EMN website from outside the United Kingdom, you are responsible for compliance with the laws of your jurisdiction.
11.3. EMN is headquartered in England. All legal issues arising from or related to the use of the EMN website and services shall be construed in accordance with and determined by the laws of England. By using the EMN website and services, you agree that the exclusive forum for the bringing of any claims or causes of action arising out of or relating to your use of the EMN website and the EMN services and products is the English courts. You hereby accept and submit to the jurisdiction of such courts in any such proceeding or action, and irrevocably waive, to the fullest extent permitted by law, any objection which you may have now or hereafter have to be laying of the venue of any such action or proceeding brought in such a court and any claim that any such action or proceeding brought in such a court has been brought in an inconvenient forum.
11.4. If any provision of these TACS is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these TACS, which shall remain in full force and effect. No waiver of any term of these TACS shall be deemed a further or continuing waiver of such term or any other term.