BY USING BRIGHTSHINYNEWS.COM, OR THE SERVICES OFFERED OVER IT, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE AS THEY MAY BE MODIFIED BY US FROM TIME TO TIME. Please read these Terms of Service carefully.
If you do not agree to these Terms of Service, please do not enter brightshinynews.com or register as a member or subscribe to our newsletters or other subscription based services we may offer in the future.
1. Acceptance of Terms of Service
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 brightshinynews.com. If you do not agree with any change in these Terms of Service, please discontinue further use of brightshinynews.com. Your continued use of brightshinynews.com will signify your acceptance of any change in the Terms of Service set out here.
2.2 From time to time brightshinynews.com 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 brightshinynews.com to be viewed in connection with the specific content or events. All Additional Terms will form part of these Terms of Service.
2.3 brightshinynews.com may modify or discontinue brightshinynews.com with or without notice to you and without liability to you or any third party.
3.1 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 brightshinynews.com.
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. brightshinynews.com reserves the right to terminate your membership and access to any specific content if brightshinynews.com learns that you have provided brightshinynews.com with false or misleading registration information.
4. Password and Security
4.1 When you register to use brightshinynews.com 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 firstname.lastname@example.org
4.2 If you forget your password please click here or contact us at email@example.com and we will be able to remind you of your password if you satisfy our security check.
6. Your use of brightshinynews.com
6.1 brightshinynews.com 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 brightshinynews.com to comply with these Terms of Service (including the standards below), you understand that, by using brightshinynews.com, 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 at firstname.lastname@example.org. All reports are reviewed as soon as possible during normal office hours.
The views expressed on our message boards are not those of brightshinynews.com.
6.2 You alone are responsible for the content of your messages and your use of brightshinynews.com and the consequences of any such messages. By using brightshinynews.com you agree to comply with the following guidelines:
(a) brightshinynews.com is to be used by you for your personal use only and use of brightshinynews.com for commercial purposes or to obtain financial gain are strictly prohibited without brightshinynews.com's prior written consent.
(b) brightshinynews.com 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. brightshinynews.com 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 brightshinynews.com.
(d) You may not post to brightshinynews.com or use brightshinynews.com 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 brightshinynews.com 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 brightshinynews.commember of staff, Community Moderator, Community Leader or other brightshinynews.com member.
(h) You must not use brightshinynews.com or any part of brightshinynews.com 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 brightshinynews.com member either on a message board or via email communication.
(j) You must not post or use any part of brightshinynews.com 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 brightshinynews.com 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 brightshinynews.com and you. brightshinynews.com will not enter into any discussions about its decision to edit, alter, delete or move such material.
6.4 brightshinynews.com 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 brightshinynews.com 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 brightshinynews.com 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. brightshinynews.com reserves the right in its sole discretion to remove or not post any photograph, for any reason. Also, you acknowledge that brightshinynews.com requires that any submitted photograph should not contain potentially offensive materials. If you would like to have your photo removed. Materials submitted to brightshinynews.com will not be returned to the submitting party and brightshinynews.com has no obligation to inform you of any decision to remove or not post such materials.
7. Intellectual Property
7.1 brightshinynews.com, its contents and all Rights therein are owned by brightshinynews.com (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) brightshinynews.com 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 brightshinynews.com 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 brightshinynews.com material or content. You acknowledge that you will not acquire any Rights by downloading or otherwise using any brightshinynews.com content or materials.
7.3 By submitting content, which shall include your member name, to any "public area" of brightshinynews.com, including message boards, forums, contests and chat rooms, you grant brightshinynews.com 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 brightshinynews.com retains any and all Rights that may exist in such content.
8. Third Party Web Sites, Goods and Services
8.1 brightshinynews.com provides links to third party web sites that are not affiliated with brightshinynews.com (although brightshinynews.com 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 brightshinynews.com 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 brightshinynews.com with respect to any such sites.
9. Disclaimer of Warranties
9.1 brightshinynews.com is provided on an "as is" and "as available" basis. brightshinynews.com 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 brightshinynews.com does not guarantee the accuracy or completeness of any information in or provided in connection with brightshinynews.com. brightshinynews.com is not responsible for any errors or omissions or for the results obtained from the use of such information. Whilst brightshinynews.com is provided for the general information of the general public, all information is provided on the basis that neither brightshinynews.com, its employees or consultants or its members, while such members are participating in brightshinynews.com, are engaged in rendering legal, medical, counselling or other professional services or advice. brightshinynews.com advises you to seek appropriate professional advice or care for any situation or problem which you may have.
9.3 brightshinynews.com shall not be responsible for any loss or damage caused directly or indirectly, by the information or ideas contained, suggested or referenced on brightshinynews.com . Your participation in brightshinynews.com is solely at your own risk. No advice or information, whether oral or written, obtained by you from brightshinynews.com UK or through brightshinynews.com shall create any warranty not expressly made in these terms of service or imposed by law.
9.4 brightshinynews.com makes no warranty that the brightshinynews.com will meet your requirements, or that the brightshinynews.com network will be uninterrupted, timely, secure, or error free; nor does brightshinynews.com make any warranty as to the results that may be obtained from the use of brightshinynews.com .
9.5 You understand and agree that any material and/or data downloaded or otherwise obtained through the use of brightshinynews.com 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, brightshinynews.com 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 brightshinynews.com has been advised of the possibility of such damages.
10.2 brightshinynews.com 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 brightshinynews.com , or messages received, or transactions entered into through brightshinynews.com , 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 brightshinynews.com's liability for death or personal injury caused by negligence.
11. Emails and Personal Home Pages
brightshinynews.com 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 brightshinynews.com will be entitled to restrict, suspend or terminate your membership or deny you access to brightshinynews.com or take such other action as brightshinynews.com deems appropriate if brightshinynews.com determines, in its sole discretion, that you are in breach any of the Terms of Service or brightshinynews.com considers in its sole discretion that your use of brightshinynews.com 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 brightshinynews.com may have against you in respect of your breach of these Terms of Service.
You agree to indemnify and hold each of brightshinynews.com, 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 brightshinynews.com , 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.
15.1 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 brightshinynews.com may assign its rights and obligations under these Terms of Service and upon such assignment brightshinynews.com shall be relieved of any further obligation under these Terms of Service.