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Terms & Conditions

Interpretation

In these Terms and Conditions, the following words and phrases shall bear the following meanings:

- “User” means any person who accesses or uses Buildingtalk.com

- “Buildingtalk.com” is owned and operated by Koru Media Ltd (‘Koru'), whose registered office is at Unit 1 Sugarbrook Court, Aston Road, Bromsgrove, Worcestershire, B60 3EX, UK.

- “Material” means data or information in any format, including without limitation text, images, photographs, graphics, video or sound material whether existing at the time of registration or not, published on Buildingtalk.com, whether copyright of Koru Media or of a third party and which is communicated or transmitted to the User in using Buildingtalk.com

- “Personal Information” means Personal Data as defined in the Data Protection Act 1998 as amended.

Introduction

1. By accessing or using Buildingtalk.com the User acknowledges and agrees to be bound by these Terms and Conditions.

2. The User agrees to fully comply with these Terms and Conditions, including the acceptance of liability as detailed in clauses 4, 5 and 12. If the User does not wish to be bound by them he/she should leave the site now and not use this website in the future.

3. Each User is allocated a unique user ID and chooses a password for the authorised use of the User only. These are not transferable, and the User shall keep them strictly confidential and secure. The User should notify Koru immediately if any unauthorised use comes to its attention.

4. The User shall indemnify Koru against any unauthorised use of his/her user ID and password, including use by a third party where the User has allowed or facilitated that third party to have access to any Material, however so received.

5. The User shall indemnify Koru against all costs, claims, demands or expenses incurred by or made against Koru or Buildingtalk.com as a result of any breach of these Terms and Conditions or howsoever arising.

Submitting Material to Buildingtalk.com

6. In order to submit material to Buildingtalk.com, the User must register as a personal user via the unique user ID and password at clause 3. The User undertakes not to maliciously create additional registration accounts for the purpose of abusing the functionality of the site, or other users; nor to seek to pass itself off as another user.

7. Koru reserves the right to prohibit access by person(s) to Buildingtalk.com at its sole discretion at which time the agreement will terminate.

8. User submission of Material is subject to the following terms:

8.1 The User grants Koru a non-exclusive, non-transferable, perpetual, royalty-free, worldwide licence to publish or use the Material in any format, including in other products of Koru. The licence shall include the right for any Users to take actions in accordance with clause 9.

8.2 The User warrants to Koru that all rights including intellectual property and moral rights in the Material submitted belong to the User or the User has received all necessary permissions to submit it to Koru.

8.3 The User warrants to Koru that the Material submitted is not obscene, offensive, or defamatory of any person or otherwise illegal.

8.4 Koru at its sole discretion reserves the right to not publish the Material in part or whole, make additions or deletions to, edit, crop or arrange the Material prior to publication. Koru may do so without giving any reason but the User should note that Material that is off-topic or unnecessarily antagonistic is likely to be rejected.

8.5 Koru shall make no payment for Material submitted and used under these Terms and Conditions.

Conditions of Use

9. Subject to clause 18 the User may download the Material electronically; print extracts and make copies of these for its own personal and non-commercial use only. This does not include downloading, storing, transmitting, publishing, displaying, copying or distributing the Material, or extracts from it, in a structured manner or creating a database in any form comprising all or part of the Material.

Data Protection and Privacy Policy

10. Koru takes the privacy of its Users seriously. It is committed to safeguarding the privacy of its Users. Please refer to Koru’s Privacy Policy for more information.

Liability

11. The User acknowledges that any breach of clause 8 may cause damage or loss to Koru and agrees to indemnify Koru in full against any third party liabilities, claims, costs, loss or damage including consequential losses, incurred as a result of publishing Material submitted.

12. To the extent permitted by law, Koru, its agents or representatives shall have no liability whatsoever to the User for any direct, indirect or consequential loss or special loss or damage, cost or expense suffered or incurred by the User (whether arising in tort, contract or otherwise, and whether arising from the negligence, breach of contract, defamation, infringement of copyright or other intellectual rights) caused by use of Buildingtalk.com or from the negligence of its employees or agents or licensors, and whether asserted against Koru, Buildingtalk.com or against any third party in relation to its use.

13. Koru does not make any representation or give any warranty, either express or implied:

13.1 in relation to any information, goods or services offered, accessed or obtained through Buildingtalk.com;

13.2 in relation to warrantees of title, non infringement of copyright or patent rights of others, merchantability, or fitness or suitability for any purpose;

13.3 for the content, accuracy, integrity, lawfulness or otherwise of information on websites over which Koru has no control;

13.4 as to the suitability of the information and data on Buildingtalk.com for any particular purpose;

13.5 as to the accuracy of the description of any goods;

13.6 that the information and data on the Buildingtalk.com site is free of infection by computer viruses or other contamination.

14. Koru and its agents or representatives do not endorse or in any respect warrant any third party products or services by virtue of any advertisement, information, material or content referred to, or included on, or linked from or to Buildingtalk.com.

15. Buildingtalk.com does not purport to provide advice. Koru is not responsible for Users taking or refraining from taking actions on the basis of information provided by Buildingtalk.com.

16. Although every care is taken in the preparation of information supplied by Buildingtalk.com, Koru is not responsible for any loss suffered as a result of any action taken or refrained from being taken as a result of any information contained in Buildingtalk.com.

Trade Marks and Intellectual Property

17. All rights in “Buildingtalk”, and “Buildingtalk.com”, and content displayed on www.buildingtalk.com are owned by or licensed to Koru and are reserved.

18. All Material other than submitted by Users on Buildingtalk.com is property of Koru. Reproduction without Koru’s permission is prohibited. For such permission, Users should contact the Buildingtalk Editor, Howard Chapman, via email.

Miscellaneous

19. Koru reserves the right to remove, alter, change or vary Buildingtalk.com at any time without notice.

20. Koru shall endeavour to provide constant, uninterrupted access to Buildingtalk.com but do not guarantee to do so and accept no responsibility or liability for any interruption or delay.

Applicable Law and Jurisdiction

21. The provision of Buildingtalk.com is governed by the Laws of England and shall be subject to the jurisdiction of the English courts.

Variation

22. Koru reserves the right to vary or amend these Terms and Conditions at any time without notice. Users should review these Terms and Conditions regularly as Users will be deemed to have accepted a variation in continuing to use the site after it has been posted.


May 2012

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