PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY AFFECT YOUR RIGHTS AND OBLIGATIONS. THESE TERMS AND CONDITIONS APPLY TO THE ENTIRE CONTENTS OF WWW.SPOTBLUE.COM (“SPOT BLUE WEBSITE”) AND TO ANY CORRESPONDENCE BY E-MAIL BETWEEN SPOT BLUE AND YOU. USING THE SPOT BLUE WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS IN FULL REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SPOT BLUE WEBSITE. THESE TERMS AND CONDITIONS ARE ISSUED BY SPOT BLUE INTERNATIONAL PROPERTY LTD, COMPANY NUMBER 4864440, LINK HOUSE, 140 THE BROADWAY, TOLWORTH, SURREY, KT6 7HT.
These Terms and Conditions were last updated on 10 JANUARY 2007.
- 1. You will be able to access some areas of the Spot Blue website without registering your details with Spot Blue. Certain areas of the Spot Blue website are only available if you register.
- 2. Spot Blue may revise these Terms and Conditions at any time by updating this posting. You should check the Spot Blue website from time to time to review the then current legal notice, because it is binding on you and Spot Blue. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at this Spot Blue website.
- 1. You are permitted to print and download extracts from the Spot Blue website for your private, non-commercial use, on the following basis:
- 2. Spot Blue copyright notice and this permission notice appear in all copies.
- 3. Unless otherwise stated, the copyright and other intellectual property rights (including database right) in all material on the Spot Blue website (including without limitation photographs and graphical images) are owned by Spot Blue or its licensors. For the purposes of these Terms and Conditions, any use of extracts from the Spot Blue website other than in accordance with paragraph 2.1 above for any purpose is prohibited. If you breach any of these Terms and Conditions, your permission to use the Spot Blue website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Spot Blue website.
- 4. Subject to paragraph 2.1, no part of the Spot Blue website may be reproduced or stored in any other Spot Blue website or included in any public or private electronic retrieval system or service without prior written permission from Spot Blue.
- 5. Any rights not expressly granted in these terms are reserved.
- 6. If you wish to use any material on the Spot Blue website outside the licence granted in clause 2, you must seek written permission from Spot Blue and comply with any additional restrictions if permission is granted. Spot Blue may grant or withhold permission in their absolute discretion.
3. Service access
- 1. While Spot Blue endeavours to ensure that the Spot Blue website is normally available 24 hours a day, Spot Blue will not be liable if for any reason the Spot Blue website is unavailable at any time or for any period.
- 2. Access to the Spot Blue website (either in its entirety, or to elements of it) may be suspended and without notice.
4. Visitor material and conduct
- 1. You are prohibited from posting or transmitting to or from the Spot Blue website any material:
- 1. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
- 2. for which you have not obtained all necessary licences and/or approvals;
- 3. which constitutes or encourages conduct that would be considered a criminal offence, gives rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
- 4. which is technically harmful (including without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
- 2. You may not misuse the Spot Blue website (including, without limitation, by hacking).
- 3. Spot Blue will co-operate fully with any law enforcement authority or court requesting or directing Spot Blue to disclose the identity or locate anyone posting any material in breach of paragraph 4.1 or paragraph 4.2 of these Terms and Conditions.
5. Third party websites
- 2. If you would like to link to this Spot Blue website, you may only do so on the basis that you link to, but do not replicate, the home page of this Spot Blue website, and subject to the following conditions:
- 1. you do not remove, distort or otherwise alter the size or appearance of the Spot Blue logo;
- 2. you do not create a frame or any other browser or border environment around this Spot Blue website;
- 3. you do not misrepresent your relationship with Spot Blue nor present any other false information about Spot Blue;
- 4. you do not otherwise use any Spot Blue trade marks displayed on the Spot Blue website without express written permission from Spot Blue;
- 5. your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
- 3. Spot Blue expressly reserves the right to revoke the right granted in paragraph 5.2 for breach of these Terms and Conditions and to take any action it deems appropriate.
- 4. You shall fully indemnify Spot Blue for any loss or damage suffered by Spot Blue or any of its group companies for breach of paragraph 5.2.
- 1. Each registration is for a single user only. Spot Blue does not permit you to share your user name and password with any other person nor with multiple users on a network.
- 2. You must ensure that the details provided by you on registration or at any time are correct and complete and inform Spot Blue immediately of any changes by updating your details. Responsibility for the security of any passwords issued rests with you. If you know or suspect that someone else has your password you should contact Spot Blue immediately by emailing firstname.lastname@example.org.
- 1. While Spot Blue endeavours to ensure that the information on the Spot Blue website is correct, Spot Blue relies on information provided by third parties. Spot Blue may make changes to the material on the Spot Blue website, or to any products, services and prices described in it, at any time without notice. The material on the Spot Blue website may be out of date, and Spot Blue makes no commitment to update such material. You should make your own enquiries as to the accuracy of any information or material available from the Spot Blue website.
- 2. The material at the Spot Blue website is provided ‘as is’ without any conditions, warranties or other terms of any kind. The information provided is not a substitute for legal, financial, real estate or other expert advice. Accordingly, to the maximum extent permitted by law, Spot Blue provides you with the Spot Blue website on the basis that Spot Blue excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these Terms and Conditions might have effect in relation to this Spot Blue website.
- 1. Because Spot Blue relies on information provided by third parties and provides the Spot Blue website to you free of charge, Spot Blue, any other party (whether or not involved in creating, producing, maintaining or delivering this Spot Blue website), and any of Spot Blue’s officers, directors, employees or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Spot Blue website in any way or in connection with the use, inability to use or the results of use of this Spot Blue website, any websites linked to the Spot Blue website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Spot Blue website or your downloading of any material from the Spot Blue website or any websites linked to the Spot Blue website.
- 2. Nothing in these Terms and Conditions shall exclude or limit Spot Blue’s liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraudulent misrepresentation or (iii) any liability which cannot be excluded or limited under applicable law.
- 3. If your use of material on the Spot Blue website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof. You assume all costs for telecommunications links and computer equipment necessary for you to access the Internet and view the Spot Blue website.
9. Governing law and jurisdiction
- 1. These Terms and Conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the English courts.
- 1. You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
- 2. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions, which shall remain in force.
- 3. If you breach these Terms and Conditions and Spot Blue ignores this, Spot Blue will still be entitled to use its rights and remedies at a later date or in any other situation when you breach these Terms and Conditions.
- 4. Spot Blue shall not be responsible for any breach beyond its reasonable control.
- 5. A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms in these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
Members have the opportunity to resign their membership (subject to the conditions of the Constitution) and be deleted from the website. They can also check or correct any information submitted online to the SPOT BLUE. Where requested, SPOT BLUE will remove any personal identifiable information from its systems.
We use information that Members submit online in any one of the following ways:
- to make changes to your profile at your request
- to register information at your request
- to respond to your submission or enquiry
SPOT BLUE assumes no responsibility for information and content of third party sites should users’ link to them.
Remember to close your browser when you have finished your user session. This is to ensure that others cannot access your personal information and correspondence if you share a computer with someone else or are using a computer in a public place such as a Public Library or Internet café.