Terms and Conditions
ACCEPTANCE OF OUR TERMS
This page sets out the terms that you agree to abide by when using this site and other BlueBird Media content.The following rules and regulations apply to all visitors to or users of the BlueBird Media website, BlueBird Media social media, and other content created by BlueBird Media (collectively, the “Site”), including all pages maintained by BlueBird Media and accessed through the Site, www.bluebird-media.co.uk Please carefully read and review the following terms and conditions (collectively, the “Terms”), as they govern your use of the Site. By accessing our Site, you agree to abide by these Terms. If at any time you do not agree to these Terms, please do not enter or use the Site.
BY USING THIS SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
These Terms constitute the entire agreement and understanding between you and BlueBird Media regarding your access and use of the Site. We are providing you access to our Site conditioned upon your complying with these Terms. If you violate these Terms, we reserve the right to seek any and all available legal remedies available to us. We may terminate your access to our Site at any time for any reason in our sole discretion and without prior notice to you. These Terms may be revised periodically, and you are responsible for complying with any changes posted on the Site, and your continued use of our Site following our posting any revisions to these Terms constitutes your agreement to be bound by the revised Terms. We reserve the right, at any time and in our sole discretion, to revise these Terms as we deem necessary. Any and all changes will take effect once posted.
CONDUCT
You agree (i) not to use the Site to upload or distribute in any way files that contain viruses, bugs, corrupted files, or any other similar software or programs that may damage the operation of computer hardware or software; (ii) not to interfere or disrupt the Site or any networks connected to the Site; (iii) not to use any device, software or routine or attempt to interfere with the proper functioning of the Site or any transactions being offered at the Site; (iv) not to take any action that imposes an unreasonable or disproportionately large load on BlueBird Media infrastructure; (v) not to use the Site to collect or harvest personal information, including, without limitation, financial information, about other participants at the Site; (vi) not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; and (vii) not to post any misleading, fraudulent, defamatory, obscene or otherwise illegal information on the Site. You agree not to use the services available at the Site for illegal purposes, and to comply with all regulations, policies and procedures of networks connected to the Site.
INTELLECTUAL PROPERTY
All information and material including data, images, text and audio on the Site is the property of BlueBird Media and is subject to copyright. Any sale, transmission or redistribution of the Site or its content, and any copying, modification or other use of the site or its contents for any purposes other than your own internal business purposes, are strictly prohibited.
SOFTWARE
All software used on the Site is the property of BlueBird Media or its software suppliers.
LINKS
The Site may contain links to (i) non- BlueBird Media sites, or (ii) BlueBird Media material that is hosted on third-party websites. These links are provided to you only as a convenience. Such linked sites are not under the control of BlueBird Media and BlueBird Media is not responsible for the contents of any linked site, or any link contained in a linked site. The inclusion of any link does not imply endorsement by BlueBird Media of the site, and BlueBird Media shall have no responsibility for information which is referenced by or linked to the Site. To the maximum extent allowed by law, you further acknowledge and agree that BlueBird Media 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 use of or reliance on any information, goods or services available on or through the Site. If you decide to access any of the third-party sites linked to the Site, you do so entirely at your own risk. BlueBird Media has a no-tolerance policy regarding the the names in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any of our web pages is prohibited absent express written permission from us. Framing, inline linking or other association of the BlueBird Media Site or its materials with links, advertisements and/or other information not originating from our Site is expressly prohibited.
NO WARRANTIES
Without limiting the foregoing, (i) the services offered on the Site will be uninterrupted, timely, secure or error-free, (ii) the results that may be obtained from the use of the services will be accurate or reliable, (iii) the content or information available on the Site is complete, accurate or available, or (iv) the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations or (v) that any image corresponds to the product in question as it may be a result of the product being photographed in its ready form or packaged one. Any images on the site remain just an indication of the product and no details in such picture should be treated as actual representation of the product provided, especially in regard to best before date, vintage, colour or external packaging which all may differ in reality and are therefore purely indicative.No advice or information, whether oral or written, obtained by you from BlueBird Media or through the Site shall create any warranty not expressly made herein. The Site’s content should not be relied upon or used as a substitute for consultation with professional advisors. The Site’s content concerns topics selected by BlueBird Media for dissemination to the general public, and is offered on a blind basis, without any knowledge as to your industry, identity, or specific circumstances.
MONITORING
You acknowledge that BlueBird Media or its designees reserves the right to, and may from time to time, monitor any and all activity or information transmitted or received through the Site. BlueBird Media, in its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit any activity or the transmission or receipt of any information which BlueBird Media in its sole discretion deems inappropriate or that violates any term or condition of this agreement. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of the Site, authorized or unauthorized, constitutes consent to such monitoring.
PROVISION OF DATA
In order to participate in the services offered at the Site, you must provide certain current, complete, and accurate information about you as prompted to do so by the registration form and maintain and update such registration information as required to keep such information current, complete and accurate. You warrant that such data is accurate and current, and that you are authorized to provide such data. If any registration data that you provide is untrue, inaccurate, not current or incomplete, BlueBird Media retains the right, in its sole discretion, to suspend or terminate your account and rights to use the services. Registration data and certain other information about you is subject tour Privacy Policy. Solely to enable BlueBird Media to use information you supply us with, you grant to BlueBird Media a non-exclusive license to (i) convert such information into digital format such that it can be read, utilized and displayed by BlueBird Media computers or any other technology currently in existence or hereafter developed capable of utilizing digital information, (ii) use, reproduce, modify, display, market, publish, distribute, and transmit the information in connection with operating, demonstrating, or marketing the Site or BlueBird Media goods and services, and (iii) combine the information with other content provided by BlueBird Media, in each case by any method or means or in any medium whether now known or hereafter devised. The foregoing licenses shall include the right to grant sublicenses to the users of the Site to print all or any portion of the information for internal business purposes. BlueBird Media retains all ownership rights in and to any modifications, enhancements or other contributions made by or on behalf of BlueBird Media to any information provided by you. Upon request by you, BlueBird Media shall have up to seven (7) days to remove any of your information or proprietary names from the Site. BlueBird Media will only use the information in accordance with our Privacy Policy and as contemplated by this agreement. Except as otherwise stated herein or under our Privacy Policy, any material, information or other communication you transmit or post to the Site (“Communications”) will be considered non-confidential and non-proprietary. BlueBird Media will have no obligations with respect to the Communications. BlueBird Media and its designees will be free to copy, store, process, modify, display, market, disclose, distribute, incorporate, transmit and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. All information submitted through our Sites will be governed in accordance with the terms of our Privacy Policy.
TERMINATION
You agree that BlueBird Media may, in its sole discretion, deny you access to the Site and disable any user name and password associated with you for any reason, including, without limitation, if BlueBird Media believes in its sole discretion that you have violated or acted inconsistently with the letter or spirit of this agreement. BlueBird Media reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the goods or services offered under the Site (or any part thereof) with or without notice. You agree that BlueBird Media shall not be liable to you or to any third party for any modification, suspension or discontinuance of the services offered under the Site. Notwithstanding termination of this agreement, paragraphs 5 (No Warranties), 6 (Limited Liability), 7 (Indemnity), 10 (Termination) and 11 (General) shall survive its termination and shall continue in full force and effect.
GENERAL
The Site is created and maintained by BlueBird Media and the laws of the United Kingdom govern this agreement and you and BlueBird Media agree to submit to the exclusive jurisdiction of the English courts. BlueBird Media controls the Site from the United Kingdom. BlueBird Media does not imply that the materials published on the Site are appropriate for use outside of the United Kingdom. If you access the Site from outside of the United Kingdom, you do so on your own initiative, and you are responsible for compliance with local laws. Any waiver of any right or provision of this agreement will be effective only if signed by an officer of BlueBird Media and the failure of BlueBird Media to exercise or enforce any term or condition shall not constitute a waiver of such right or provision. The provisions of these Terms are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision of these Terms is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of an arbitrator or a court of law. If such provision cannot under any circumstances be so modified or restricted, it shall be excised from the Terms without affecting the validity, legality or enforceability of any of the remaining provisions. BlueBird Media reserves the right to make changes to the Site and this agreement at any time. BlueBird Media reserves the right to refuse to list or to discontinue the listing of any goods or services as it may choose in its sole discretion and without notice. Without limiting the generality of its right to exclude or discontinue the listing of goods or services, BlueBird Media may, in its sole discretion, exclude goods or services from the Site if they are believed not to meet applicable industry standards or if BlueBird Media receives complaints from users of the Site regarding listed services. The rights and limitations in this agreement are for the benefit of BlueBird Media and a person who is not a party to this agreement has no right to enforce any term of this agreement. BlueBird Media respects the intellectual property rights of third parties. If you believe that anything on our Site infringes upon any copyright which you own or control, please notify us immediately by providing us with the information, in its entirety. Any such notice shall be sent to BlueBird Media.BlueBird Media and its affiliated companies retain all rights regarding their trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of BlueBird Media or its affiliates or licensors and are protected by UK and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of the BlueBird Media Site. Your misuse of the trademarks displayed on the BlueBird Media Site is strictly prohibited. You are not permitted to assign any of your rights under this agreement without the prior written consent of BlueBird Media. You may not issue any press release or make any public statement regarding your use or participation in the Site without the prior written permission of BlueBird Media. You and BlueBird Media are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship or similar relationship between you and BlueBird Media is intended or created by this agreement
REGULATORY PROVISIONS
Accuracy of Your Information. To use our services, you may be required to provide us with information about you, which may be of a confidential nature and may include personal identifying information, and/or financial information. You agree to provide true, current, complete and accurate information, and not to misrepresent your identity. You also agree to keep your information current and to update your information as necessary. Our collection use and disclosure of your information is governed by this Agreement and our Privacy Policy. If you make either a complete or incomplete request, then you agree that your information provided in connection with your request may be used and disclosed as set forth in the Privacy Policy. Without limiting anything in the Privacy Policy, you authorize us, and our affiliates and third-party service providers, to conduct all necessary research with your information, including checking your credit history, if applicable, for purposes of providing you with quotes, products and services. If you make a request, then you expressly authorize us to contact you by telephone, fax and email at the numbers and addresses provided in your request, for purposes of providing you with the quotes, products and services indicated in your request or for marketing purposes related to your request. You consent to receive telephone calls from us, even if the phone number that you provided on your request is on any “Do Not Call” list. You also consent to us making recorded calls to remind you of deadlines or other issues in connection with your account or request. You are solely responsible for complying with applicable laws and regulations in connection with your use of any goods or services offered by us.
