- Acceptance of Terms of
Service
- Amendments
- Registration
- Password and Security
- Privacy Policy
- Your use of iVillage.co.uk
- Intellectual Property
- Third Party Web Sites, Goods and
Services
- Disclaimer of Warranties
- Limitation of Liability
- Emails and Personal Home Pages
- Termination & Remedies for
Breach of these Terms by You
- Indemnification
- Applicable Law
- Miscellaneous
1.
Acceptance of Terms of Service
1.1 iVillage.co.uk
is provided free of charge to you by iVillage Limited ("iVillage
") under these terms of service (Terms of Service). These Terms of Service
govern your use of iVillage.co.uk (whether you are a member,
a subscriber or a visitor) and govern all services provided
to you by iVillage in connection with iVillage.co.uk, including
but not limited to, access to message boards and use of any
email accounts, and other features and services such as personal
home pages, provided from time to time. The address and contact details for iVillage can be found in our Privacy Policy
1.2 iVillage.co.uk is intended for use by you in the United Kingdom only. We make no warranty or representation that iVillage.co.uk (or any element of it) is appropriate or available for use in locations outside the United Kingdom. Accessing iVillage.co.uk from territories where your access to it is prohibited or where such service (or any part thereof) is considered illegal or unlawful is not permitted under these Terms of Service. If you choose to access iVillage.co.uk from locations outside the United Kingdom, you do so on your own initiative and you are responsible for compliance with all applicable local laws.
2.
Amendments
2.1
We reserve the right to amend these Terms of Service from
time to time without notice to you. Please check the Terms
of Service periodically to see whether a change has been made
to them. We may (at our discretion) provide you notice of such changes to any email address you have provided to iVillage. If you do not agree with any change in these Terms
of Service, please discontinue further use of iVillage.co.uk.
Your continued use of iVillage.co.uk will signify your acceptance
of any change in the Terms of Service set out here.
2.2 From time to time iVillage may supplement these
Terms of Service with additional terms applying to specific
content or events, such as competitions ("Additional
Terms"). Any Additional Terms will be clearly placed
on iVillage.co.uk to be viewed in connection with the specific
content or events. All Additional Terms will form part of
these Terms of Service.
2.3 iVillage UK may modify or discontinue iVillage.co.uk
with or without notice to you and without liability to you
or any third party.
3.
Registration
3.1
Although portions of iVillage.co.uk may be viewed by anyone
who visits iVillage.co.uk you will need to register as a member
in order to access some iVillage services including the
message boards.
3.2 When you register with us you are stating that
you are over 18 years of age or are a minor over 13 years of age with
parental consent to use the service you are registering for.
PLEASE NOTE that all minors are recommended to discuss these
terms and conditions with their parents or legal guardian
before they complete any registration process or provide us
with any information about themselves. We do not allow
persons who we know to be 13 years of age or younger to register
with iVillage.co.uk.
3.3 You agree that any information you provide to us
about yourself upon registration or at any other time will
be true, accurate and complete and that you will ensure that
this information is kept accurate and up to date at all times. iVillage reserves the right to terminate your membership and access to any specific content if iVillage learns that you have provided iVillage with false or misleading registration information.
4.
Password and Security
4.1
When you register to use iVillage.co.uk you will be asked
to create a password. You must keep this password confidential
and must not disclose it to or share it with anyone. YOU WILL
BE RESPONSIBLE for all activities that occur under your password.
If you know or suspect that someone else knows your password
you agree to notify us immediately at ukcustomerservice@mail.ivillage.com.
4.2 If you forget your password please click here or contact us at
ukcustomerservice@mail.ivillage.com
and we will be able to remind you of your password if you
satisfy our security check.
5.
Privacy Policy
We
treat your privacy very seriously and we understand that you
will wish to know how we will use the information we collect
from you or that you provide to us. Please see our privacy policy,
which forms part of these Terms of Service. All use of your
personal information will be in accordance with our Privacy
Policy and applicable data protection legislation.
6.
Your use of iVillage.co.uk
6.1 iVillage does not read every message posted on the message boards and, as such, we do not guarantee the accuracy, integrity or quality of such content. While we require all users of iVillage.co.uk to comply with these Terms of Service (including the standards below), you understand that, by using iVillage.co.uk, it is possible that you may be exposed to content that is offensive, indecent or objectionable. If you see a message which you believe breaks the following standards please report it to us immediately using the 'Report this message' link at the bottom of the post. All reports are reviewed as soon as possible during normal office hours.
The views expressed on our message boards are not those of iVillage.
6.2
You alone are responsible for the content of your messages and your use of iVillage.co.uk and the consequences of any such messages. By using iVillage.co.uk you agree to comply with the following guidelines:
(a)
iVillage.co.uk is to be used by you for your personal use only and use of iVillage.co.uk for commercial purposes or to obtain financial gain are strictly prohibited without iVillage's
prior written consent.
(b)
iVillage.co.uk may not be used to send chain letters, junk mail, 'spam', solicitations (commercial or non-commercial) or bulk communications of any kind unless the recipient has
given specific permission to be included in such a list. iVillage.co.uk may not be used to advertise a company, product or service or to recruit staff.
(c) You are not permitted to post links to alternative community groups unless it is with the express permission of iVillage.
(d)
You may not post to iVillage.co.uk or use iVillage.co.uk to publish, send or distribute any message or material (in any media or form) that is unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, threatening, racially or sexually or otherwise discriminatory, offensive, inaccurate, is in breach of confidence or a third party's intellectual property rights or which otherwise includes objectionable material of any kind or nature, that encourages or engages in conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, national or international law or regulation or which has a disruptive influence on the normal flow of a message board.
(e)
You (whether acting in your capacity as a journalist in any media or otherwise) may not post appeals for case histories on any iVillage.co.uk message boards. Unauthorised appeals will be removed.
(f) You must not impersonate any other person or entity, whether actual or fictitious.
(g)
You must not create any member names which mimic or impersonate an iVillage member of staff, Community Moderator, Community Leader or other iVillage member.
(h)
You must not use iVillage.co.uk or any part of iVillage.co.uk in a way that might reasonably be expected to cause the same to be interrupted, damaged, rendered less efficient or which could in any way damage the operation of another's computer.
(i) You will not harass or intimidate any iVillage.co.uk member either on a message board or via email communication.
(j) You must not post or use any part of iVillage.co.uk to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
6.3 iVillage reserves the right in its absolute discretion at any time to edit, alter, delete or move any material whatsoever posted to, appearing on or distributed by iVillage.co.uk and you. iVillage will not enter into any discussions about its decision to edit, alter, delete or move such material.
6.4 iVillage may at any time, and without prior or post warning, close discussions on message boards as it feels appropriate. No discussion will be entered into.
6.5 In the event of uploading photographs you agree: (i) you are over the age of 13; (ii) you have reviewed and agree to comply with these Terms of Service (unless you are aged 14-17 years old, in which case, your parent or guardian has reviewed and agrees to these Terms of Service on your behalf); (iii) you have the rights necessary to authorise iVillage and its designees to copy, distribute, adapt, display, perform and otherwise use the photograph, and you hereby grant such authorisation; (iv) the individual depicted in the photograph is over the age of 13, or you have obtained the consent of the individual's parent or guardian, and such individual has consented to the photograph being made publicly available in connection with the iVillage.co.uk Website; (v) the photograph has not been modified or altered in any manner so as to distort or misrepresent any individual or thing depicted in the photograph; (vi) the photograph does not contain any personal information such as a name, phone number or email address; and photographs of groups or offensive materials may not be posted. iVillage reserves the right in its sole discretion to remove or not post any photograph, for any reason. Also, you acknowledge that iVillage requires that any submitted photograph should not contain potentially offensive materials. If you would like to have your photo removed. Materials submitted to iVillage.co.uk will not be returned to the submitting party and iVillage has no obligation to inform you of any decision to remove or not post such materials.
7.
Intellectual Property
7.1
iVillage.co.uk, its contents and all Rights therein are owned
by iVillage (and/or its licensors). "Rights"
means copyright, database rights, trade marks, design rights
and other intellectual and proprietary rights of whatever
nature, anywhere in the world. You acknowledge that (i) iVillage.co.uk
is protected by Rights; (ii) these Rights are valid and protected
in all media and technologies existing now or later developed;
and (iii) except as explicitly provided otherwise, these Terms
of Service and applicable copyright, trademark and other laws
govern your use of such Rights.
7.2 You may view, print, download or temporarily store
extracts from iVillage.co.uk for your personal, non-commercial
reference without alteration, addition or deletion. You may
not otherwise copy, reproduce, retransmit, distribute, publish,
commercially exploit or otherwise transfer any iVillage.co.uk
material or content. You acknowledge that you will not acquire
any Rights by downloading or otherwise using any iVillage.co.uk
content or materials.
7.3 By submitting content, which shall include your
member name, to any "public area" of iVillage.co.uk,
including message boards, forums, contests and chat rooms,
you grant iVillage and its affiliates a royalty-free, perpetual,
irrevocable, non-exclusive right and licence to use, reproduce,
modify, adapt, publish, translate, create derivative works
from, distribute, communicate to the public, perform and display
the content (in whole or in part) worldwide and/or to incorporate
it in other works in any form, media, or technology now known
or later developed, for the full term of any Rights that may
exist in such content. You also permit any member to access,
display, view, store and reproduce such content for personal
use.
7.4 By submitting content, you also warrant that you
are entitled and have all necessary rights to grant the licences
stated above. Subject to the foregoing, the owner of such
content placed on iVillage.co.uk retains any and all Rights
that may exist in such content.
8. Third Party Web Sites, Goods
and Services
8.1
iVillage.co.uk provides links to third party web sites that
are not affiliated with iVillage (although iVillage branding
may appear on these sites). We make no representations as
to the quality, suitability, functionality or legality of
any sites to which we may provide links or any goods or services
available from such sites.
8.2 All matters concerning any goods and services that
you purchase from a third party site, including without limitation
all contract terms are solely between you and the owner of
that site and iVillage will not be liable for any costs
or damages to you or any third party arising directly or indirectly
out of any third party website. You hereby waive any claim
you might have against iVillage with respect to any such
sites.
8.3 Subject to the terms of our Privacy Policy, third
parties may, from time to time, send email messages to you
containing advertisements, promotions, etc. iVillage makes
no representation or warranty with respect to the content
of any email messages sent by third parties or any goods
or services which may be obtained from such third parties
as a consequence of these emails, and you agree that iVillage
shall have no liability with respect thereto.
9. Disclaimer of Warranties
9.1
iVillage.co.uk is provided on an "as is" and "as
available" basis. iVillage expressly disclaims all
warranties or representations of any kind, express or implied,
to the fullest extent permitted by law.
9.2 You understand and agree that iVillage does
not guarantee the accuracy or completeness of any information
in or provided in connection with ivillage.co.uk. iVillage
UK is not responsible for any errors or omissions or for the
results obtained from the use of such information. Whilst
iVillage.co.uk is provided for the general information of
the general public, all information is provided on the basis
that neither iVillage, its employees or consultants or
its members, while such members are participating in iVillage.co.uk,
are engaged in rendering legal, medical, counselling or other
professional services or advice. iVillage advises you to
seek appropriate professional advice or care for any situation
or problem which you may have.
9.3 iVillage shall not be responsible for any loss
or damage caused directly or indirectly, by the information
or ideas contained, suggested or referenced on iVillage.co.uk.
Your participation in iVillage.co.uk is solely at your own
risk. No advice or information, whether oral or written, obtained
by you from iVillage UK or through iVillage.co.uk shall create
any warranty not expressly made in these terms of service
or imposed by law.
9.4 iVillage makes no warranty that the iVillage.co.uk will meet your requirements, or that the iVillage.co.uk network will be uninterrupted, timely, secure, or error free; nor does iVillage make any warranty as to the results that may be obtained from the use of iVillage.co.uk.
9.5 You understand and agree that any material and/or data downloaded or otherwise obtained through the use of iVillage.co.uk is 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 such material and/or data.
10.
Limitation of Liability
10.1
Except as required by law, iVillage shall not be liable
for any indirect, incidental, special or consequential losses
or damages or loss of profits, data, goodwill, revenue in
each case regardless of whether such losses or damages arise
in the normal course of events or whether iVillage has
been advised of the possibility of such damages.
10.2 iVillage will not be liable for any such losses
or damages whether arising in contract, tort (including negligence)
or otherwise arising out of or in connection with this website
including without limitation the use or the inability to use
iVillage.co.uk, or messages received, or transactions entered
into through iVillage.co.uk, or resulting from unauthorised
access to or alteration of your transmissions or data.
10.3 Nothing in these Terms of Service shall operate to exclude or restrict iVillage's liability for death or personal injury caused by negligence.
11. Emails and Personal Home Pages
iVillage assumes no responsibility for the deletion of or failure to store e-mail messages or for any problems with its personal home page service. Whilst the security of your personal information is a priority to us, you should be aware that e-mails you send to us are not necessarily secure when they are transmitted to us. If your communication to us or any third party is sensitive or includes highly confidential information such as credit card number, you may want to provide it by post or via the telephone instead.
12. Termination & Remedies for
Breach of these Terms by You
12.1
iVillage will be entitled to restrict, suspend or terminate
your membership or deny you access to iVillage.co.uk or take
such other action as iVillage deems appropriate if iVillage
determines, in its sole discretion, that you are in breach
any of the Terms of Service or iVillage considers in its
sole discretion that your use of iVillage.co.uk is inappropriate
or otherwise unacceptable.
12.2 The restriction, suspension or termination of
our service pursuant to this section will be without prejudice
to any rights which iVillage may have against you in respect
of your breach of these Terms of Service.
12.3 iVillage shall be entitled to disclose your
user identity and details if required or requested by the
courts or other law enforcement authorities and/or agencies
or in such other circumstancesas specified in our Privacy Policy.
13. Indemnification
You
agree to indemnify and hold each of iVillage, its parents,
subsidiaries, affiliates, officers and employees, harmless
from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of your
use of iVillage.co.uk, the violation of these Terms of Service
by you, or the infringement by you, or any other user
of your account, or of any intellectual property or other
right of any other person or entity.
14. Applicable Law
These
Terms of Service shall be governed by and construed in accordance
with the laws of England and any dispute shall be subject
to the exclusive jurisdiction of the English courts.
15. Miscellaneous
15.1
In the event that any provision of the Terms of Service conflicts
with the law under which the Terms of Service are to be construed
or if any such provisions are held invalid by a court with
jurisdiction over the parties to the Terms of Service, such
provision will be deleted
and the remainder of the terms of these Terms of Service will
remain in full force and effect.
15.2 Any failure or delay by us to enforce strict performance
by you of any of the Terms of Service or to exercise any right
under the Terms of Service will not be construed as a waiver
to any extent of our rights.
15.3 iVillage may assign its rights and obligations
under these Terms of Service and upon such assignment iVillage
shall be relieved of any further obligation under these
Terms of Service.
15.4 These Terms of Service, any Additional Terms (as
defined in section 2 above) and the Privacy Policy constitute
the entire understanding between you and us as to your use
of iVillage.co.uk and supersede all prior agreements and understandings
between us and you. Nothing in these Terms of Service shall operate to exclude or restrict your or our liability for fraudulent misrepresentation.
|
