INTERPRETATION

 

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

 

"Centaur" means Centaur Media Plc and "Centaur Companies" are any company under the control of Centaur Media Plc

"Buildingtalk" is a service provided by Pro-Talk Ltd ("Pro-Talk"), a Centaur Company.

"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, whether copyright of Pro-Talk or of a third party, and that is communicated or transmitted to the User in using Buildingtalk.

"Personal Information" means Personal Data as defined in the Data Protection Act 1998 as amended.

"User" means any person who accesses or uses Buildingtalk

INTRODUCTION

 

1. By accessing or using Buildingtalk 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 liaility as detailed in clauses 4, 5 and 11.

 

3. Each User is allocated a unique user identification code 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 Pro-Talk immediately if any unauthorised use comes to its attention.

 

4. The User shall indemnify Pro-Talk against any unauthorised use of his/her user identification, 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 Pro-Talk against all costs, claims, demands or expenses incurred by or made against Pro-Talk or Buildingtalk as a result of any breach of these Terms and Conditions or howsoever arising.

CONDITIONS OF USE

 

6. Subject to clause 18 the User may download the Material electronically; prints extracts and make copies of these for its own personal and non-commercial use only. This does not include downloading, storing, transmitting, 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.

 

7. The submission of Material by the User (if applicable) is on the following terms:

      7.1 The User grants Pro-Talk a non-exclusive, non-transferable, perpetual, royalty-free, worldwide licence to publish or use the Material in any format, including in other products of Pro-Talk. The licence shall include the right for any Users to take actions in accordance with clause 8.

      7.2 The User warrants to Pro-Talk 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 Pro-Talk.

      7.3 The User warrants to Pro-Talk that the Material submitted is not obscene, offensive, or defamatory of any person or otherwise illegal.

      7.4 Pro-Talk 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. Pro-Talk 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.

      7.5 Pro-Talk shall make no payment for Material submitted and used under these Terms and Conditions

DATA PROTECTION AND PRIVACY POLICY

 

8. Pro-Talk takes the privacy of its Users seriously. It is committed to safeguarding the privacy of its Users. Please refer to Pro-Talk's Privacy Policy.

LIABILITY

 

9. The User acknowledges that any breach of clause 9 may cause damage or loss to Pro-Talk and agrees to indemnify Pro-Talk in full against any third-party liabilities, claims, costs, loss or damage, including consequential losses, incurred as a result of publishing Material submitted.

 

10. To the extent permitted by law Pro-Talk, 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 or from the negligence of its employees or agents or licensors, and whether asserted against Pro-Talk, Buildingtalk or against any third party in relation to its use.

 

11. Pro-Talk does not make any representation or give any warranty, either express or implied:

      11.1 in relation to any information, goods or services offered, accessed or obtained through Buildingtalk;

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

      11.3 for the content, accuracy, integrity, lawfulness or otherwise of information on Buildingtalks over which Pro-Talk has no control;

      11.4 as to the suitability of the information and data on Buildingtalk for any particular purpose;

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

 

12. Pro-Talk 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.

 

13. Buildingtalk does not purport to provide advice. Pro-Talk is not responsible for Users taking or refraining from taking actions on the basis of information provided by Buildingtalk.

 

14. Although every care is taken in the preparation of information supplied by Buildingtalk, Pro-Talk 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.

TRADE MARKS AND INTELLECTUAL PROPERTY

 

15. All rights in Buildingtalk, and other marks owned by Pro-Talk are reserved.

 

16. All Material other than submitted by Users on Buildingtalk is property of Pro-Talk. Reproduction without Pro-Talk's permission is prohibited. For such permission Users should email Buildingtalk editor, Howard Chapman

MISCELLANEOUS

 

17. Users who wish to advertise on Buildingtalk should email the Pro-Talk sales team at admin@pro-talk.com

 

18. Pro-Talk reserves the right to remove, alter, change or vary Buildingtalk at any time without notice.

 

19. Pro-Talk shall endeavour to provide constant, uninterrupted access to Buildingtalk but do not guarantee to do so and accept no responsibility or liability for any interruption or delay.

APPLICABLE LAW AND JURISDICTION

 

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

VARIATION

 

21. Pro-Talk 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.

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